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• The Effect of the Nagoya Protocol in the Fight Against Biopiracy: Results and Challenges

  11-39

  Emese Újvári

  Views:

  197

  The Nagoya Protocol, which aims to enable the countries of origin to benefit from the utilization of their genetic resources they make available, entered into force in 2014. The present study examines the extent to which the Protocol has since proven to be an effective tool in curbing biopiracy, the most common problems that arise in this regard, and the conditions for more effective application.

• Collection of Annotated Bibliographies (2013. Nr. 2)

  167-209

  Colleagues and students of the UD Faculty of Law UD

  Views:

  170

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the second part of the book descriptions of books published in 2013.

• Civil Review: Book Review of “Civil Society in Europe - Minimum Norms and Optimum Conditions of its Regulation”

  164-176

  Izabella Deák

  Views:

  290

  Civil society is under pressure in many countries. Governments appear to be less and less tolerant of the opinion of civil society advocates, rights defenders and watchdog organizations. This book is given relevance by Lex NGO which restricts the operation and implementation of the activities of Hungarian non-governmental organizations. The volume of studies defines the minimum standards and optimal conditions that are essential for key players in civil society to be able to achieve the goals set by organizations and to contribute to the formation of democratic public opinion. In my analysis I placed more emphasis on those parts of the volume that may be important in the amendment of Lex NGO and similar legislation.

• Editorial Preface

  9-11

  László Fodor

  Henriett Rab

  Views:

  140

  In the preface, the content of the given issue is described by the editor. In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.

• Collection of Annotated Bibliographies (2010. Nr. 3)

  138-176

  Colleagues and students of the UD Faculty of Law UD

  Views:

  131

  An annotated bibliography of recent Hungarian legal science books is published regularly (twice a year) in our journal. The annotation is a short, factual description of the usefulness of the book, which, in addition to bibliographic information, defines the genre and briefly outlines the subject matter and the results presented. The authors of the annotations are members of the Faculty of Law of the University of Debrecen (lecturers, PhD students or gradual students). The current issue presents the third part of the book descriptions of books published in 2013.

• About the German Energy Transition

  111-119

  László Fodor

  Views:

  157

  Conference report Energiewende in der Industriegesellschaft. 29. Kolloquium zum Umwelt- und Technikrecht, Trier, 2013. szeptember 5–6.

• effects of Labour Law regulation on the employment Relations Based on the Connection between Social Rights and Labour Market

  26-40

  Nóra Jakab

  Henriett Rab

  Views:

  215

  In the world of employment we can find several aspects that have effect on the labour market. Labour market cannot be independent from the legal regulation of employment; moreover – according to the tendencies – labour market processes basically define the role of labour law. A fundamental difference can be observed between the approach of Anglo-Saxon countries and researchers and the viewpoint of the continental law systems. In this paper the emphasized question is analyzed through these two different approaches according to the following premise: the Anglo-Saxon legal thinking defining the current development of labour law bears significant differences related to the labour law regulation – which means the direct regulation of labour market – and to the legal guarantees behind employment as well. From the viewpoint of the labour market two main questions are examined in this paper: on the one hand, the expected and necessary level and method of public intervention in connection with social rights, and on the other hand the deepness of the intervention of labour law into the social relations driven by the market.

• Energy audit: EU-Law and its implementation in Germany

  29-41

  Jan Hoffmann

  László Fodor(Translator)

  Views:

  213

  The Energy Efficiency Directive (EED) No. 2012/27/EU establishes a set of binding measures to help the EU to reach its 20% energy efficiency target by 2020. Energy audits are an essential tool to achieve adequate energy savings (see art. 8. EED). The current study focuses on the EU legal requirement on Energy Audits and its implementation in Germany by the 2015 amended Act on Energy Services and other Energy Efficiency Measures (Gesetz über Energiedienstleistungen und andere Energieeffizienzmaßnahmen – EDL-G). The analysis is still relevant because of the infringement proceedings against Germany by the European Commission based on fragmentary transposition of the EED.

• The Past, Present, and Future of Environmental Policy (Book re- view)

  184-196

  Orsolya Bányai

  Views:

  145

  This is a book review from the book title "Why Environmental Policies Fail", the author is Jan Laitos (University of Denver Strum College of Law, 2017.)

• Opinion or statement of fact?

  48-68

  László Pribula

  Views:

  274

  Press correction is a special way to defend personality rights on the basis of civil law. Its main objective is that if someone states or rumours a false fact or makes a fact appear untrue about a person in a given publication, the affected person has the right to submit his claim – as soon as possible – in order to have a rectifying communication be given out in the particular publication showing which part of the injurious publication states false, unfounded facts or makes a fact appear untrue and what is the reality. If the publisher does not satisfy its duty to correct the injurious publication voluntarily, the affected person – in a short period – has the right to enforce his claim for press correction in an accelerated judicial procedure which allows only restricted production of evidence.

  The most frequent question of the press correctional lawsuits is whether the content of the publication turns out to be a statement of fact or an opinion. The opinion, assessment, critique and debates about society, politics or art cannot serve as a basis for press correction. The statement of fact is a declaration about a given momentum of reality, the assertion or rumour that something has happened in a certain way or that something really exists. In opposition to the statement of fact, the opinion expresses a value judgement or critique, and false facts cannot be concluded from it even indirectly. It is hard to define on an objective basis if a declaration is a statement of fact or an opinion. As life creates a wide range of various situations, the developing legal interpretation by the judicial practice has a great impact especially as regards the distinction between a statement of fact and an opinion, the interpretation of the publication or the determination of the content and form of the press correction.

• Book review: Csaba Fenyvesi–Csongor Herke–Flórián Tremmel (eds.): Forensic Science (’Kriminalisztika’)

  196-202

  Krisztián Szabó

  Views:

  205

  Although the prosecution of crimes dates back to the creation of the human society, the „science” of investigation in the modern sense, i.e. forensic science, appeared only in the 19th century, and the first comprehensive university textbook on forensic science was published in Hungary in 1965. In the 60 years since then, thanks to the explosion of scientific and technical knowledge, forensic science has undergone radical changes. Edited by Csaba Fenyvesi, Csongor Herke and Flórián Tremmel, the book on Forensic science provides a comprehensive introduction to the concepts of forensic science, the most important elements of criminal technique and criminal tactics. The book is a valuable contribution to the field of forensic science and provides a realistic picture of both the present and the possible future of forensic science. This book review discusses the importance of the book for forensic science, based on certain specific institutions of forensic science.

• Environmental Mediation in Germany

  60-77

  István Bereczki

  Views:

  157

  It has always been a difficult question for the State to ensure effective decision-making processes for instances where public participation is considered to be a requirement. This question might be even more essential when it comes to disputes concerning large-scale projects with environmental impact. When the public is affected by such project, the contractor must be really prudent, otherwise high number of litigation may be initiated afterwards. The very special form of mediation, the so-called environmental mediation may offer a solution to this problem, by allowing all participants to meet and discuss every crucial issues related to projects described above. It is also important to emphasize that not the same requirements apply to environmental mediation and to other civil law related mediation procedures. The aim of environmental mediation would not be less than to improve the quality of public bodies’ decisions.

• The Nature of the EU Labour Market and Its Regulations

  89-104

  Moe Thazin Khaing

  Views:

  190

  Labour market regulation to prevent labour migration easily becomes protectionist, thus violating the rights of migrant workers. This paper focuses especially on the role of the labour market regulations relating to migrant workers in the EU. General labour market regulations will be analysed in the first section. When we talk about the labour market, the regulations will be assessed as to whether they are strong or not and to what extent the workers will get their rights protected. EU labour migration is large around the world and can be handled with labour legislation and the labour market. Therefore, EU labour market regulations and policies, especially active labour market policies, are analysed in this paper.

• Editorial

  7-8

  László Fodor

  Views:

  136

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

• The right to strike in the case-law of the ECtHR

  115-133

  Katalin Bagdi

  Views:

  242

  The right to strike has been long recognized as an important labour right in the European countries protected by constitutions and international conventions on labour and social rights. However, these international conventions mainly contain mere declarations to only pursue the right to strike and do not have an effective protection mechanism. Nevertheless, in the last few decades a human rights perspective on labour law gained ground and thus international organizations and international courts started to derive labour rights like the right to strike from civil and political rights and therefore some of these labour rights enjoy the same level of protection as the first generation human rights. In its recent judgements, the European Court of Human Rights stated that the right to strike is protected under Article 11 of the European Convention on Human Rights and developed a case law on the requirements of a lawful strike action, secondary strike actions and the restrictions of the right to strike.

• The Constitutional Obstacles before the Promulgation of the Rome Statute

  45-59

  Marco Pesci

  Views:

  370

  July 17, 1998, can be considered as one of the most important milestones of the international judicial structure: it is the day when the Rome Statute of the International Criminal Court was adopted by 120 states out of 148. Article 86 of Statute explicitly states that „States Parties shall […] cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.” As in the case of every international treaty, the principle of pacta sunt servanda enshrined in Article 26 of the 1969 Vienna Convention on the Law of the Treaties states applies, which explicitly states that “every treaty in force is binding upon the parties to it and must be performed by them in good faith.” As has been pointed out by the Permanent Court of International Justice, contracting states must make all the necessary internal measures which are required to fulfil its international obligations rising from a binding treaty. One could ask, why is this quite obvious argument important in the case of Hungary? Well, Hungary has ratified the Statute but still has not implemented it in its internal legislation. This can be considered as a serious constitutional omission, since if the Court would require the cooperation of Hungary – e.g. in the case of an arrest warrant – and it would not be able to fulfil it because of the lack of the internal legal norms, it would be considered as international legal responsibility of Hungary. In this article, I try to explore the reasons behind this omission and outline the possible solutions.

• One step back. The Hungarian Constitutional Court’s decision about the Liability of Commenting on the Internet

  142-150

  Éva Balogh

  Views:

  193

  Restrictions on the freedom of expression have been subject to mixed and constant debates. The debates are increasing in the case of free speech on the internet. In the recent past the Hungarian Constitutional Court had to examine this problem and contribute to the discourse. This article presents decision 19/2014 of the Hungarian Constitutional Court concerning the freedom of expression on the internet. The subject-matter of the case was the liability for the comments. The study intends to show the arguable points of the Court’s reasoning.

• Sustainable development in the EU: Review on Zsuzsanna Horváth’s Book

  158-163

  László Fodor

  Views:

  287

  Review on Zsuzsanna Horváth’s Book, the title Sustainable development in the EU. (Fenntartható fejlődés: Fenntartható termelés és fogyasztás az Európai Unióban. Dóm–Dialóg Campus, Budapest–Pécs, 2016.)

• 3P and the Hungarian Local Governments – Defects of a Legal Institution’s Application

  80-96

  Judit Varga

  Views:

  106

  It’s a huge challenge to qualify the operation of an organised society’s needs especially because of the limited resources. The task above has put pressure on the states since the middle of the XXth century. To solve the pervious problem the states started to find new, non-traditional, alternative tools, legal institutions which are able to include other sectors resource (e. g. private sector’s) into the provision of the public duties. One of these alternative legal institutions is the Public-Private Partnership (PPP). The study tries to answer the question: what results has adapted this legal tool by the Hungarian local governments.

• Editorial

  7-8

  László Fodor

  Views:

  179

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

• Ideal image and the reality: the changing of career plan among stu- dents of law faculties in the university studies

  81-113

  Mihály Fónai

  Views:

  192

  The present study examines how the image of profession changes for law students in the different stages of their connection with the profession. It assumes that at the beginning of their studies, law students have an idealised image of their chosen study program and the profession based on it. This image changes during the years of studying, and especially after graduation, it is shifted by work experience and by the factual state of the profession. Students of the Faculty of Law, especially law students identify themselves based on the internal and external elements of a prestigious profession, which was established hundreds of years ago. Due to their early career choice, their professional socialization during the first years at the university creates the ideal image of the legal profession, which they strongly relate to. The relationship of this ideal image to reality, and how different it is from the real situation of various professional groups of the legal profession is an important question. The present study answers this question based on the results of multiple empirical researches.

• A Cutting-Edge” Criminal Procedure? : Some Reflections on the Modernization of Hungarian Criminal Procedure Law

  11-36.

  Mátyás Bencze

  Views:

  302

  The study analyses the new Hungarian Criminal Procedure Act that entered into force in the summer of 2018. One aspect of the analysis is whether certain institutions of the law fulfil the constitutional requirements of criminal procedure. The other aspect is a sociological one. The past decades have brought many new developments in the field of society, economy and technology. The study, therefore, also revolves around the question of whether the new Criminal Procedure Act provides an adequate response to these challenges. The main finding of the study is that the legislation made the first steps in the right direction, however it did not introduce all the changes that would be necessary for a fair and modern criminal procedure. Besides, the act reflects predominantly the interests of the authorities while the rights and interests of other participants of the criminal procedure are not taken into consideration with the same weight

• Collective Redress in Certain States of Europe

  84-106

  Tamás Jagusztin

  Views:

  184

  Collective redress mechanisms can be seen in almost all of European countries (except Switzerland and Czech Republic for example). The established regulatory solutions are diverse, basically two lines are typical, and mixed systems based on these are created. One is a representative collective claim enforceable to protect the collective interests of the community (public interest). In general, such claims can only be enforced by government bodies designated by a legislator or by associations whose purpose is the protection of those interests. Another type of collective demand assists the homogeneous demands of a group of individuals by taking advantage of the merged action. In these cases, a person is usually validated by the requirements of the group members, who is himself interested in the proceedings because of his own material right.

• Approaching Possibilities of Quasi-Judicial Functions

  120-135

  Zsuzsanna Árva

  Views:

  106

  This article is about the possibilities of Quasi-Judicial Functions. The author bound administrative jurisdiction from court law enforcement.

• Implementation of the European Small Claims Procedure in the Member States of the European Union

  41-59

  Anna Nyilas

  Views:

  149

  It has been seven years since the european Small Claims Procedure was introduced as a sui generis european procedure and an alternative to existing national civil procedures. However, it works in close interaction with national laws, as the regulation leaves many aspects of the procedure to national legislation. The article analyzes the legal instruments that serve the implementation of regulation 861/2007/ EC in member states, particularly the issues of mutual recognition and enforcement of ESC judgments, communication between the court and the parties, review and appeal of the judgment, and other specific issues. It concludes that knowledge of national procedural law is often vital to succeed in an ESC procedure in a foreign country. Smooth and efficient functioning of the procedure requires cooperation mechanisms not only among member states, but also among judges, lawyers, and enforcement officers.