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• Limits of Environmental Liability: Summary of the Guest Editor

  189-198

  Judit Pump

  Views:

  207

  This summary is an attempt to demonstrate that despite all the differences in how limits of environmental liability are perceived by the authors of this special issue due to different approaches to environmental liability, a common framework can nevertheless be drawn encompassing them all. Each article of the special issue elaborates some of the aspects of the concept of environmental liability. Despite the differences in the evaluation and assessment by the authors of the role of stakeholders and of the facts having an impact on the concept of environmental liability, it is shown that all of them are analysing the very same subject. The apparent differences are due to the different contexts in which environmental liability is examined and evaluated. Thus, the summary underlines that there is a need for system thinking related to environmental liability.

• The Public Prosecution Service of the Slovak Republic – Constitutional and Legal Background

  89-100

  Jozef Čentéš

  Views:

  102

  A szlovákiai ügyészség alkotmányos jogállása és törvényi szabályozása hosszú ideje vita tárgya. Az érdeklődés egyik oka kétségkívül az, hogy az ügyészség tevékenységének, hatáskörének szabályozása a szakmai és a laikus nyilvánosságot is érinti. A figyelem elsősorban az ügyészség alkotmányos helyzetére, az ügyészség egyes szintjei, továbbá az ügyészség és a közhatalom más szervei közötti viszonyokra, valamint a büntetőügyek területén érvényesülő, s azokon kívüli hatáskörre irányul. Ez a tanulmány is e viszonyok tisztázására, a Szlovák Köztársaság ügyészségére vonatkozó régi és újabb közjogi rendelkezések bemutatására vállalkozik.

• Disclosure of the Data of State-owned Companies in Hungary and Germany: Similarities and Differences

  83-101

  Laura De Negri

  Views:

  73

  The article analyses in a comparative manner the way the publication of data works in Hungary and Germany in the case of state-owned companies. The subject of the analysis is furthermore how the transparency of public property is compatible with the functioning of the market and the protection of trade and business secrets. The article devotes special attention to the issue of the relationship between the request for data in the public interest and trade secrets, and, whether the disclosure of such data may be refused on the basis of avoiding potential business damage. Given that the disclosure of data with public interest and its accessibility are inseparable from the freedom of information, the relevant laws in the countries subject to analysis are also presented. The article highlights the exemplary solutions of the German legal system and, finally, compares the similarities and differences in the regulatory concepts of the two legal systems.

• Groundwater protection in the light of a judgment of the Supreme Court of Hungary

  178-191

  Martin Milán Csirszki

  Views:

  253

  In the study the author analyses a judgment of the Supreme Court of Hungary, in which a progressive judicial interpretation is included concerning the obligation of fact-finding in connection with the protection of groundwaters. Before this, the author presents the legal doctrine regarding groundwater regulation. The regulation is not only drawn up on the national level, but also on the level of European Union. After the detailed presentation of the case, the author makes some conclusions.

• Challenges and Future Developments of Criminalistics

  42-61

  Csaba Fenyvesi

  Views:

  169

  This study analysis the futuring theoretical and practical development possibilities of criminalistics – as universal factscience. It tries to sign the further tendencies of forensic sciences in the XXI. century as well. The author composes scientific fields where can be and need to real, intentional strengthening of recent criminalistical methods and writes about his future guessing, suggestions and challanges of criminalistics.

• The Future Civil Procedure From a Bird’s-eye View

  115-127

  Sándor Udvardy

  Views:

  160

  The future Civil Procedure has been under recodification for three years now and the experts have made considerable effort to create a 21st century code. Now the draft of the Code was published by the Minister of Justice for social debate, and later on a Bill was introduced. This article offers several humble recommendations de lege ferenda, where the text of the code needs amendment and no interpretation may result in the desirable outcome. Several earlier remarks of the author have been accepted and are now reflected in the Bill, and these points shall be identified and evaluated.

• A főszerkesztő előszava

  7-8

  László Fodor

  Views:

  274

  The twentieth 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.

• Water Law – Current Challenges

  163-167

  Ágnes Bujdos

  Views:

  148

  Book review on the Book of Szilágyi János Ede, the title is Vízjog: Aktuális kihívások a vizek jogi szabályozásában.

• Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice

  123-138

  Márton Leó Zaccaria

  Views:

  343

  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.

• PPP as an umbrella term

  62-78

  Judit Varga

  Views:

  131

  In 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.

• The classification of contracts and the franchise contract apropos the Codification Committee’s Proposal on the new Hungarian Civil Code

  68-79

  Ágnes Juhász

  Views:

  148

  The introductory part of the study presents the standing points related to the delimitation of typical and atypical contracts. The first part gives an overview of the debates on the integration of atypical contracts (e.g. leasing, factoring, franchise, etc.) into the Hungarian Civil Code with special regard to the fact that the proposal on the new Civil Code contains regulations on franchise contracts. The second part examines the rules on franchise contracts of the proposal which was elaborated by the Codification Committee and published in February 2012.

• 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.

• Personal and Organizational Framework for the Activities of the Defence Counsel in Hungary

  79-88

  Viktor Bérces

  Views:

  119

  In the Hungarian system of criminal procedure, several participants of the proceeding may provide activities aiming at the defence of the defendant (e.g. the prosecutor or even the defendant himself). My dissertation, however, shall focus on the activities of the defender based on delegation or recorded Power of Attorneys given, in consideration of the fact that almost without exception this personal group act as advocates in criminal procedures, furthermore, solely lawyers have the expertise necessary for the defence, and the “equality of arms” principle may only succeed completely through them.

• Editorial

  7-8

  László Prof. Fodor

  Views:

  184

  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.

• Examination of Quality Management Solutions and Their Applicability in the Context of Right to Information

  102-118

  Ádám Marsovszki

  Views:

  134

  With the growing importance of good public administration, the quality of information can be measured primarily through customer satisfaction. In order to provide a uniformly high level of information, it is possible to apply quality management standards and other solutions such as ISO 9000, citizen’s charts and excellence models. However, they are not always able to measure the quality of information in a targeted way, therefore the use of solutions based on customer feedback is required. However, the question arises, whether these classic quality management solutions can still be used in an environment where multi-channel access, electronic communication, automation and artificial intelligence are playing an increasingly important role in public administration and customer information?

• The new Civil Procedure Code – from order for Payment Perspective

  94-113

  Judit Molnár

  Views:

  126

  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.

• The British Isles and the Arctic: Episodes from the Past and Present

  159-170

  Daniel Haitas

  Kitti Antal(Translator)

  Views:

  131

  The article explores certain past and present aspects of Britain’s engagement with the Arctic. More specifically, it looks at English and Scottish connections with the area of Spitsbergen (present-day Svalbard, Norway), focusing on exploration and whaling, as well as competition with European powers. Certain legal issues that subsequently arose over the course of time regarding the area are also looked at. Additionally, it examines modern tensions surrounding Svalbard, between the European Union and Norway in the aftermath of Brexit, specifically due to the allocation of fishing quotas. This illustrates the impact that Brexit has had in various different areas. The study also deals with the United Kingdom’s present engagement with the Artic, including Scotland’s attempt at formulating an independent Arctic policy.

• The relationship between distraint in real estate and real estate registration – with special regard to the legal effects of registering and recording certain rights and legally significant facts

  137-156

  Mónika Fazekasné Németh

  Views:

  337

  The subject of the study is the realization of real estate, which is not examined in the traditional way but within the scope of the implementing law, but as a legal institution affecting several jurisdictions, focusing on the ownership of the auction buyer. In addition to the method of obtaining ownership based on the official auction, it analyzes in detail the possibilities of obtaining from the non-owner in the official auction and in the light of the judicial practice, the legal effects of registering the enforcement right and the note are taken into account.

• Hungarian Legislation on Unfair Commercial Practices – Critical Comments

  54-67

  Edit Zsuzsanna Tárczy

  Views:

  153

  Directive 2005/29/EC concerning unfair commercial practices (hereafter: UCPD) has a maximum harmonization character. The aim of this paper is to review and criticize the rules of the Hungarian implementing act. The starting point is the ban stemming from the maximum harmonization: Member States during the implementation must not create or apply stricter or milder rules than those of the UCPD. However, the Hungarian act has many problematic parts in connection with both the rules and the definitions. Besides scrutinizing these questionable points the paper also uncovers the possible practical consequences.

• The Legal Practice of Harassment by Threatening: A zaklatás második alapesetének joggyakorlata, különös tekintettel a halmazati és elhatárolási kérdésekre

  219-238

  Zsuzsanna Monori

  Views:

  169

  The Criminal Code of Hungary has contained the criminal offence of harassment since 2008 (Art. 222 of the current Criminal Code). The criminal definition contains three different statutory conducts: (1) disturbing or bothering behaviours (2) „dangerous threat” and (3) „awakening appearance of danger”. Many examples in Hungarian legal practice show that the prosecutors and judges face huge difficulties in the interpretation of these types of harassment. The main questions are: Which behaviours can fulfil the statutory elements of „harassment by threatening”? How can we define „threat” and „awakening appearance of danger” as a conduct? How can they be distinguished? Which other delimitation questions arise? this paper aims to answer these questions.

• 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.

• Towards a European Legal Scholarship. Recommendations of the German Council of Science and Humanities (Wissenschaftsrat) on the Development of Education and Research

  54-61

  Péter Sólyom

  Views:

  124

  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.

• The Chinese Internet Censorship Model

  27-36

  Gergely Gosztonyi

  Views:

  217

  Blocking users from information deemed inappropriate by political leaders, making ISPs responsible for the content placedon them, and having to constantly monitor the content is based on so-called cyber sovereignty, according to which every country has the right to choose how to develop and regulate the Internet. The Golden Shield system, operated by the People’s Republic of China and surrounded by a complex and ever-changing legal, technological and human background, can achieve all this. Thus, the main question to which Chinese leaders operating the Golden Shield, China’s means ofimplementing total control, is seeking an answer is: can there be a solution in the 21st century that provides both economic openness and development while maintaining information confinement?

• The Specification in the Institutes of Gaius

  9-22

  Gergely Deli

  Views:

  122

  A romanisták az idegen anyag feldolgozására vonatkozó római jogi szabályokat hagyományosan nagy figyelemre méltatták. Mayer-Maly szerint ez a kiemelt érdeklődés három okra vezethető vissza. Egyrészt a feldolgozás tana szokatlanul mély bepillantást enged a római jogi gondolkodás mély rétegeibe, másrészt az újkorban a munka és a tőke problematikája révén újra reflektorfénybe került a probléma, harmadrészt a jogintézmény érzékeny szociális kérdéseket is felvet. Az európai magánjogi kodifikációk többsége sem tudta magát kivonni a feldolgozás római tanának hatása alól, így a téma mindmáig aktuális.

• Multilevel System of Fundamental Rights Protection in Practice, in the Light of the Dismissal of Government Officials without Justification

  120-141

  Zsuzsanna Szabó

  Views:

  148

  Today, 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.