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3P and the Hungarian Local Governments – Defects of a Legal Institution’s Application
80-96Views:85It’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.
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Editorial
7-8Views:151In 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.
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Ideal image and the reality: the changing of career plan among stu- dents of law faculties in the university studies
81-113Views:172The 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.
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A Cutting-Edge” Criminal Procedure? : Some Reflections on the Modernization of Hungarian Criminal Procedure Law
11-36.Views:270The 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
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Collective Redress in Certain States of Europe
84-106Views:162Collective 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.
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Approaching Possibilities of Quasi-Judicial Functions
120-135Views:95This article is about the possibilities of Quasi-Judicial Functions. The author bound administrative jurisdiction from court law enforcement.
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Implementation of the European Small Claims Procedure in the Member States of the European Union
41-59Views:126It 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.
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Editorial
6-7Views:225In 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.
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Harmonization of Arbitration Laws in some Asian and European Countries
68-77Views:162The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.
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A Remark in Connection with Punishable Children: A Pro Futuro 2014/1. számához
140-143Views:111In the most recent issue of journal Pro Futuro a work was released about the criminal liability of minors, written by Anikó Pallagi. Several references are made by the author to my study, written about juvenile delinquency in Hungary eight years ago and published in the journal of Prosecutors (in Hungarian: Ügyészek Lapja). Unfortunately, she did it inaccurately as my statements and conclusions were misunderstood by her. The quoted statements are from the chapter, dealing with the problems of juvenile delinquency investigations and as a consequence they can be evaluated explicitly in the sphere of complex problems of investigations. the penalisation-depenalisation processes – beside the significant demographic changes – should not be disregarded when determining possible tendencies. I do emphasise that the change in the threshold values is just one of the possible means of penalisation. The statistical data series are to be analysed critically, the phenomenon of latency has to be considered as well.
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Comparison of Enforcement Systems for the Violation of Fundamental Rights of Detainees Stemming from the Condition of Detention in Penitentiaries and the Right to a Fair and Public Hearing within a Reasonable Time
90-110Views:130The violation of fundamental rights of detainees stemming from the conditions of detention in penitentiaries and the right to a fair and public hearing within a reasonable time raise complex concerns, because in such cases the applicants have to submit a procedure under the Hungarian Prison Act or a lawsuit concerning the violation of certain rights relating to personality under the Hungarian Code of Civil Procedure or the Civil Code. The legal protection is uncertain, because the rules relating to prison conditions meet with rules of civil procedure and civil code rules. Court decisions do not help to find the way out of this incoherency. The questions mentioned in the present article raise serious dogmatic debates, casting doubt on the efficiency of the remedies.
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Multilevel System of Fundamental Rights Protection in Practice, in the Light of the Dismissal of Government Officials without Justification
120-141Views:139Today, in the European multi-level and cooperative constitutional area the European Convention on Human Rights, the constitutional value provisions of the EU Treaties together with the Charter of Fundamental Rights of the EU, as well as the constitutions of the member states of the EU function as parallel constitutions. The legal remedies offered by international forums by nature are subsidiary, because it is desirable that legal issues of human rights be solved by the states at national level. The obligation of the exhaustion of domestic legal remedies as a procedural precon- dition is needed in order that the national level should have the chance to remedy the violation of human rights within its own legal system.
The present paper focuses on Art. 8 para. (1) of Act LVIII of 2010 on the legal status of government officials, which states that the employer has the right to terminate the contract of goverment officials by two months’ notice period without any justification. The research is of considerable interest because the dismissed officials – who, in my opinion, de facto suffered injury by violation of human rights – were forced to turn to international forums because of the fact that the Hungarian legal system was not able to grant them adequate reparation. Therefore, the examination also evaluates the current level of fundamental rights arbitration and the jurisdiction using fundamental principles in Hungary.
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The European Model of Multifunctional and Sustainable Agriculture
128-137Views:179Book review on the books Käb Peter: Agrarrechtliche probleme einer multifunktionalen Landwirtschaft. Baden-Baden, Nomos, 2010. és Eickstedt von Falkrembert: Vom Landwirt zum Landschaftspfleger: Umweltrechtliche Verhaltenssteuerung im Rahmen der Gemeinsamen Agrarpolitik am Beispiel des Akcerbaus. Baden-Baden, Nomos, 2010.
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The Ecclesiastical Percentage(s)
62-79Views:98Church 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.
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A Missed Opportunity: the Judgement of the International Court of Justice on the Environmental Related Legal Dispute of Costa Rica and Nicaragua
181-199Views:378This article introduces and evaluates the judgment of the International Court of Justice (ICJ) regarding the case concerning certain activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) proceedings joined with construction of a road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) from an environmental point of view. The case was one of the latest environmental related affairs before the ICJ and the Hungarian literature had been looking forward with great expectation regarding the Court’s award. The conclusion of this essay is that in spite of the nature of the dispute, the symmetry of the conflict and the constant need for the improvement of the general international environmental law, the ICJ missed the opportunity to develop international environmental customary law and the case will stay in the shadow of the ICJ’s previous judgement on Pulp Mills on the River Uruguay.
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Legitimacy and Competency Issues regarding the Labor Unions and the Works Councils
65-80Views:161The study focuses on the separation of two classical institutions of collective labour law: the labour unions and the works councils. Traditionally, labour unions are associations intended to represent and protect the collective interests of workers; works councils are units that exercise the workers’ participation rights, and are mechanisms where the employees can influence the decisions of the employer at the workplace. The distribution of traditional union and works council authorities, however, is not that obvious, especially from a practical point of view. The study strives to highlight those areas where the unions and the works councils appear as opposing parties, especially focusing on works agreements with normative power, from a practical and an international comparative perspective, and to offer solutions de lege ferenda.
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Editorial
7-9Views:104In 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.
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Editorial
7-8Views:123In 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.
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Editorial
7-8Views:185In 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.
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Symbolic Legislation in Criminal Law
173-189Views:249The study makes efforts to analyse the concept of symbolic legislation, particularly the question of the symbolic criminal law. In the first part of the paper, the author discusses the issues of international (German) literature which relates to the problem of symbolic criminal law. The second part contains the Hungarian theoretical standpoints from which the author draws the conclusion that the concept of symbolic criminal law can be interpreted in multiple ways. Symbolic criminal law is described by some scholars as a critique of the legislature, however according to other opinions – which are the focus of this essay – the concept of symbolic criminal law has a positive meaning which includes the viewpoint that the legislator tries to turn the attention of society to the obligation of saving the general ethical values, and on the other side, it emphasizes the high-priority values set by the legislator in actual social-political situations
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Balancing Work and Life: New Developments in the Field of Legal Protection of Workers
25-44Views:171The present study deals with the current labour law questions of balancing work and private life. The topicality of the study is supported by Directive (EU) 2019/1158 which, built on the existing legislative basis, brings several novelties in this regulative area refreshing the key elements of the criteria of equal employment referring to the employees raising children. The researched regulation fits into the high level, socially motivated; worker-protection Directive designated by the European Pillar of Social Rights, consequently, this aspect also plays a role in elaboration. In my analysis, I concentrate on the regulative background, subject of the new Directive, as well as its connection to fundamental social rights and the new norms describing the potentially strengthening legal protection of workers. I draw conclusions based on their synthesis about the predictable future effects of the new regulation.
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PPP as an umbrella term
62-78Views:121In this study the author examines the legal institution of PPP (Public Private Partnership) in Western legal cultures. As a result of the analysis, the author finds that PPP is a blanket term which includes all contracts concluded between public and non-public sectors where the subject of the contract is the implementation of a public task and the term of the contract is relatively long. The second part of the study collects and analyses the possible classifications of PPP contracts, including the short introduction of the most typical PPP contracts.
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Editorial
9-11Views:132In 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.
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Editorial
7-8Views:192The twenty-first issue of our journal is now in the hands of the esteemed Reader. Already at the start of the Pro Futuro, our editorial board set the goal of publishing issues in English from time to time. In 2019, we finally had the opportunity to do so.
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Past, Present and Future – Where is the restraining order Heading?
84-100Views:147Le législateur hongrois voulait un moyen efficace contre la violence familiale. Ce moyen est devenu l’injonction d’éloignement qui existe dans la procédure pénale hongroise depuis 2006 comme une mesure coercitive du code de procédure pénale et depuis 2009, comme une ordonnance référé. Cette étude souhait résumer la régime de l’injonction d’éloignement en Hongrie aux propositions initiatives des exigences, qui sont montrées par l’Union Européenne. À partir de 2004, on doit accorder une grande attention aux préceptes européennes parce que les règles européennes font partie de notre vie. On doit mentionner la Directive 2011/99/UE du Parlement Européen et du Conseil du 13 décembre 2011 relative à la décision de protection européenne et le Réglement 606/2013 du Parlement Européen et du Conseil, parce qu’ils déterminent la protection européenne en matière pénale et civilie aussi. L’étude est fermée par les propositions, pour améliorer l’efficacité de l’injonction d’éloignement et assurer une protection de plus haut niveau pour les victimes de la violence familiale. On ne peut pas éviter l’actualité des propositions, en considérant la codification du code de procédure pénale.