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  • Current challenges of the European legislation on agricultural law
    98-104
    Views:
    130

    Book review on the book ed.: Csák Csilla, Novotni Kiadó, Miskolc, 2010., the title is Az európai földszabályozás aktuális kihívásai.

  • Towards a European Legal Scholarship. Recommendations of the German Council of Science and Humanities (Wissenschaftsrat) on the Development of Education and Research
    54-61
    Views:
    108

    The German Council of Science and Humanities (Wissenschaftsrat) in 2012 published its study „Perspectives of Legal Scholarship in Germany. Current Situation, Analyses, Recommendations”. The recommendations are preceded by empirical and quantitative descriptions that provide information on the current situation of legal study and research in Germany. The document emphasizes the importance of cooperation between theoretical and practical part of the legal education. The report considers that students should acquire the ability of critical approach to legal prac- tice instead of memorising the substantive legal rules.

  • Is the New Regulation Justified? Applicability of the New Rules of Self-defense in Case-law
    129-147
    Views:
    263

    In the history of the regulation of self-defense, Act C of 2012 has resulted in the most substantial change. The greatest innovation in the act is the introduction of the situational self-defense, which creates an irrebuttable presumption that the unlawful attacks carried out under certain circumstances shall be considered as attacks against life. The new regulation has been criticized a lot, mostly because there are fears that the new rules of law will be misused. Through the case-law of the Supreme Court relating to self-defense in the last ten years, this study intends to reveal whether it was justified to include the situational self-defense in the new law or whether the concerns in connection with situational self-defense can be considered legitimate.

  • The new Civil Procedure Code – from order for Payment Perspective
    94-113
    Views:
    109

    The study aims to assess the basis of the features of the new Civil Procedure Code, it is a general background of the non-litigious procedures. The research seeks to answer two questions: whether the new Civil Procedure Code satisfies the requirements of the non-litigation requirements; and whether it leads to a change in the regulation of non-litigation procedures. The study whittled down the scope of the investigation to the order for payment procedure. Based on the primary research, the sections of the draft of the new Civil Procedure Code, which are referred to by the order for payment procedure, are two ways to present: content unchanged, and content changed. The study examines the impact of the latter, and draws conclusions based on the changes in content on the relationship of the order for payment procedure and the new Civil Procedure Code.

  • Social Psychology of Law
    158-162
    Views:
    222

    Book review on the book Hunyady György–Berkics Mihály (szerk.): A jog szociálpszichológiája – A hiányzó láncszem. ELTE Eötvös Kiadó, Budapest, 2015. 

     

  • Editorial
    7-8
    Views:
    206

    In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions. In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.

  • Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice
    123-138
    Views:
    298

    This paper emphasizes one of the most important questions of equal treatment that is the reversed burden of proof and aspects of the special sharing of burden of proof. The hypothesis of the paper is the following: although the Hungarian regulation follows the relevant directives of the European Union properly, the legal practice does not focus on victim protection to the expected level. The legal practice of the Equal Treatment Authority and the Supreme Court (Curia) of Hungary are both analysed, therefore the different approaches can be confronted. The paper provides de lege ferenda proposals mainly in connection with the unification of the Hungarian judicial practice.

  • The Ecclesiastical Percentage(s)
    62-79
    Views:
    99

    Church financing is a multiple system. One of its elements, introduced in 1997, consists of taxpayers’ offer which is a determined part of their personal income tax. The study examines the regulation of tax management from the perspective of taxpayers and beneficiaries. This method of financing has an important budgetary consequence, i.e. the budget completes the sum of the allocation of personal income tax for Churches to a specified extent. The study examines several contradictions with respect to the application of this financing method.

  • Constitutional Foundations of EU Membership in Hungary Before and After the new Fundamental Law
    29-47
    Views:
    197

    The paper examines the Hungarian constitutional framework which determines the relationship between domestic and EU law. The constitutional foundations changed in 2011 when the new constitution, the Fundamental Law was adopted. The former 1989 Constitution contained in Article 2/A the so-called ’European clause’ adopted before EU accession, which was referred to as the main constitutional basis of Hungary’s EU membership by the Constitutional Court. The new Fundamental Law contains a seemingly similar ’European clause’ in Article E. The paper scrutinizes the question whether the former and the new clauses are truly similar and concludes that opposite to the Constitutional Court’s point of view the new European clause should be interpreted differently from the former, which might lead to a different, less Europe-friendly approach towards EU membership.

  • On the Nature of Political Corruption
    87-97
    Views:
    104

    This article summerize the essay of Samuel Issacharoff (Harvard Law Review , 124. 1/2010. (November), 119-142.)

  • New attempts in EU law for the improvement of the consular protection of EU citizens in third countries
    9-23
    Views:
    128

    The right of EU citizens to consular protection in third countries, where their Member State is not represented, is one of the most significant rights attached to the European citizenship. With the existing legal basis laid down in the Treaty on European Union and the Treaty on the Functioning of the European Union, the right to consular protection of EU citizens has all the conceivable chances to be established uniformly by union actions and under the supervision of the European Court of Justice. The aim of the Council Directive (EU) 2015/637 is to lay down the cooperation and coordination measures necessary to further facilitate consular protection to unrepresented citizens of the European Union. Nevertheless the directive does not affect consular relations between Member States and third countries. The present paper focuses on the actions had been taken in this field from the treaty establishing the European Economic Community until the achievements of the Treaty of Lisbon and the aforementioned Council Directive.