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The recruitment of Law Students and Some elements of their Image of Profession
11-37Views:144In our treatise we have undertaken to characterize the speciality of strain of law students and some elements of their image of profession. The legalists traditionally occupy a middle-class position in the modern societies. Their high state and prestige succeed also profession-order characters that frequently go hand in hand with “natality order” procurer prestige.
From the possible components of the image of profession we examined three main topics. Firstly the motives of profession-selection, secondly the patterns of finding a job, and thirdly the main expectations on legal teaching. Generally, law students and graduates also have a strong linkage to
the fact that, not only the diploma, but the profession itself has a powerful charm. The patterns of finding a job show that graduates frequently occupy lower positions, than they expected. -
Protection of Marriage and Family in Central Europe
7-31Views:234It is no exaggeration to say that family plays a prominent role in our daily lives. This study therefore examines the constitutional and family law foundations of family protection in seven Central European countries. The study describes, among other things, the nature of family law legislation, the conceptual approach to family and marriage, the legal protection and solution of extramarital partnerships, such as de facto partnerships and registered partnerships, and the status of children in the countries studied.
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Rule of Law – Active State: Reconstructing the Conception of the Rule of Law in Zoltán Magyary’s Theory
9-26Views:171Zoltán Magyary was an internationally recognised Hungarian professor of law who carried out research in modern theories of administration and state theories. Defending the values of the rule of law and taking action against the anomalies of legal formalism were among his major scientific goals. According to him, one of the most important functions of a legal system is the protection of human rights, therefore he accepted the view that courts must have the authority to review administrative decisions. At the same time, he stated that the effective and productive functioning of administrative institutions and the executive power is a priority in a legal system. Due to the fact that he did not provide a complete analysis of the correlation between the rule of law and the effective functioning of administrative institutions, he opened the possibility for posterity to give various and different interpretations of the issue.
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New Directions in Vocational and Adult Education, Especially with Regard to Current Issues in the Storage Sector
104-119Views:171The challenges of the Fourth Industrial Revolution are having an impact in many areas of life. The vocational and adult education system is no exception. In line with the changes, system-level transformations and developments are taking place in Hungary in this field, creating the basis for ensuring quality professional training. We consider the issues related to the warehousing sector to be of special relevance, as well as the examination of the possibilities that, in accordance with the new changes, offer solutions to the high-risk activities as well.
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Effective and Actual? Analysis of Employment-Related Directives in the Legal Practice of the Curia of Hungary Regarding the Enforcement of Workers’ Rights
193-216Views:210In view of the special nature of the employment relationship, subordination of the parties results in a weaker legal position on the employees’ side. Certain guarantees of protection are absolutely necessary to compensate for this asymmetry, thus, among other things, the effectiveness of employees’ enforcement plays a key role. This is why our research seeks to answer the question whether some crucial employment-related directives of the European Union, as well as the broader European Union legal corpus also including legal practice. Furthermore we try to find the answer to the question that, how do these legal sources appear in the domestic legal practice, primarily in the relevant judgments of the Curia of Hungary, and the extent to which these references facilitate the effective enforcement of the workers’ rights.
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The Importance of the Wage Guarantee Fund in the Framework of Labour Law Protection
177-192Views:186Act LXVI of 1994 on the Wage Guarantee Fund and the guarantee system regulated by it, is especially topical nowadays, as more and more employers in Hungary have become insolvent in connection with the crisis caused by the coronavirus epidemic. In many cases, the employers subject to the procedure are not able to meet their wage obligations to their employees, so the state must guarantee the values that can be expressed in exact monetary terms – the work performed and its financial compensation – and at the same time the social security of employees. In the present study, we examine the applicability of the Wage Guarantee Fund, which serves to cover the wages to be paid by insolvent employers, from the perspective of the social security and the enforcement of employees’ claims.
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The One Who Wanted Online Courts Before the Coronavirus: Review of Richard Susskind's New Book "Online Courts and the Future of Justice"
192-200Views:310In November 2019 Richard Susskind, who is relatively known and popular in Hungary as well, published his new book “Online courts and the future of justice” issued by Oxford University Press. The author argued rather radically for the necessity of the change of legal services in his previous books before and he has maintained this approach. This time Susskind argues for the transformation of the century-old court systems giving alternative ideas about what sort of methods and ways in which we should transform our courts in order to make judicial services available for every person indeed. As the title suggests, the core concept of the book is the realization of online courts, which has slowly become a reality amid the pandemic caused by the coronavirus. Thus, the concept of Susskind may be called even fatidical from this perspective.
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Organic laws and the principle of democracy in France and Spain
62-74Views:124During the last decades, several countries have entrenched a special subcategory of law, which is adopted by stricter procedural rules than that of the ordinary legislative process. These laws are enacted by qualified majority, by the consent of the two chambers of the legislature, and they are subject to mandatory constitutional review before their promulgation, or additional safeguards are implemented in the ordinary legislative process. In this study, I compare the experiences of two crucial legal systems, France and Spain, which provide two different frameworks of qualified law. My aim is to identify the most contested issues from the legal nature of qualified laws, and to seek the proper solutions of these issues, as well as an ideal model of qualified law. My contribution focuses on the relationship between qualified laws and the principle of democracy, and aims to open up new perspectives in this regard.
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Problems of textual empiricism
126-139Views:120In this paper the authors make some critical comments on Blutman László’s legal methodology. They argue for the claim that legal cases cannot be solved by applying the methods of natural sciences. Law is an interpretive social practice, therefore legal texts can have more than one equally justifiable interpretation which can be in conflict with each other. Correct legal decisions, especially in hard cases, are the result of resorting to the justifying principles and purposes of law and cannot be achieved by using ‘textual empiricism’ as a legal methodology.
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Alternative Solutions to the Problems Posed by the Coronavirus Pandemic in the Field of Social Law (An International Outlook)
124-144Views:267The 2020 coronavirus pandemic is forcing such political, economic and social responses from the leaders of the nations of the world which in many cases have never been seen before. Excellent new concepts have been formed through the work of professionals, and there have been initiatives that have proven in the short term to be not well-founded. The present study was created in order not to miss the chance to examine the established practices, taking advantage of the opportunity provided by the crisis, as this year can offer many lessons for decision-makers for the future.
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Circumstances Affecting the Degree of Restitution in the Jurisprudence of Labour Law
192-208Views:97The study examines the dogmatics of the legal institution of restitution applicable in the case of infringements of personality rights in labour law, as well as looking at the functions determining the sanctions in the international and domestic legal environment. It classifies states based on the effect wished to be triggered with the legal institution as well as regarding the circumstances to be considered. It determines the governing factual elements and circumstances with regards to the degree of the institution of restitution. It projects the standpoints of special literature to the practice. It analyses and classifies trivial cases in the light of judicial case law.
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Opportunities and Boundaries for Criminal Law in a Risk Society : Changes in the regulatory role of criminal law in a postmodern age
99-112Views:105In the last few decades of the 20th century, the modernization of our world started to accelerate. This tendency means a transition to a second modernization. Risk society has posed new and previously unknown challenges for the decision makers of the world. As a result of it, criminal law, with its traditional instruments, often fails to provide the right response to the new types of criminal acts seriously threatening society. Therefore, there is a need for a change of paradigm. The task to be performed among the prevailing circumstances of risk society is to select those acts the frequency of which can still be effectively influenced by criminal law through the analysis of advantages/disadvantages and cost/benefit. Instruments different to those of criminal law are to be used against serious threats that cannot be influenced by criminal law – threats the seriousness of which are not yet known to a large extent.
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Foreign Loan: Cross-border temporary agency work in Hungary, with special regard to the employment of third-country nationals
43-60Views:252The special feature of temporary agency work is that the employee does not work for the agency which concludes the employment contract with them, but for a third party, the user company, with which the agency enters into a civil law contract for the remunerated transfer of workforce. The article summarises how an international element can appear in this tripartite employment relationship. It covers the rules under which an agency may conclude an employment contract with a foreign employee and also the cases where the agency and the user company are established in different states. Although Hungarian law generally prohibits third-country nationals to work in Hungary as agency workers, this is made possible by an expanding range of exceptions. The article explores the labour law and social security law situation of third-country agency workers in Hungary.
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Fiscal Conditionality in EU Law
143-156Views:89This paper analyses the evolution, objectives, and instruments of fiscal conditionality legislation of the European Union. The author provides a detailed analysis of the relevant elements of the existing legislation, as well as the recent judgments of the Court of Justice of the European Union on the subject. The paper demonstrates that the Financial Conditionality Regulation is not an instrument for protecting the rule of law in general, but its general purpose is to protect the EU budget by enforcing the fundamental requirements deriving from the rule of law.
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Change of Legal Relations: Consequences for Labour Law of the Restructuring of Public Services
81-103Views:207Changes in the organization of public services often have the consequence of changing the employment relationship of those employed among them. The change is often caused by the transformation of civil service legal relations into private employment law. In the background of changes are usually the legislature's intention to maintain legal relations with the successor employers. This intention is realized in Hungarian labor law and civil service law by various legal and technical methods. The paper reviews these in different areas of public services.
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Collective Agreement’s Status in Law
Views:544The collective agreement is a Janus-faced legal phenomenon. From one side it has the nature of a contractual relationship where the parties have the right to determine the content of the contract, also including the choice itself, whether they establish it or not. On the other hand, the collective agreement acts as a legal norm as well. From this aspect its regulations are also obligatory for those persons who were not involved during the set-up process, or even for those who disagrees with some parts of the document. Therefore it is a crucial question in labour law as to how these contracts are handled by law. The Hungarian Labour Code came into force in 2012 contained an approach in which the legislator wanted to empower the legal status of collective agreement. To achieve this goal, in some parts the Act gives the parties the possibility to deviate from the law and to customize the norms in order to make it fit their current relationship. In this paper I examine the nature of the Collective Agreement and show its specialities in the Hungarian legal environment.
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Symbolic Legislation in Criminal Law
173-189Views:250The 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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The assertion of fundamental principles relating to civil law notaries in the 21st century with special focus on Hungary
25-45Views:176In our present paper, we tried to introduce the principles of notaries through the Hungarian notary's glasses. We did this through the challenges of the 21st century. Prior to the detailed description of the principles, we introduced the position of the Hungarian notary, where we also discussed the provisions of the Hungarian Constitution. Subsequently, more important legislation on Hungarian notary was mentioned and we discussed the diverse notarial procedures. In this connection, it is important to note that not only the notarial deeds are found in the Hungarian notary's procedures, but also the keeping of notarial registers. The paper deals with the responsibility of notary, the notary's and advertising relationships, the emergence of electronization and digitization. The paper presents the most important principles of notaries, including the principle of independence, impartiality and public authenticity.
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Knowledge of Law in the Hungarian Population Today and a Half Century Ago – A Comparative Analysis based on Kálmán Kulcsár’s Empirical Survey of 1965
11-28Views:212Knowledge of law is certainly one component of legal culture. Due to the support of the Hungarian Research Funds (OTKA) the authors of this paper carried out a comprehensive empirical analysis of this issue in Hungary. In doing so they strongly relied on Kálmán Kulcsár’s findings and insights stemming from his pathbreaking studies half a century ago.
The empirical study was carried out by the Szonda Ipsos Market and Opinion Research Institute in the framework of an omnibus questionnaire survey with a random sample of 1000 people in 2013. Thirteen questions essentially similar to certain questions used by Kulcsár in 1965 (for instance: Have you ever read a bill or an act? Have you ever participated in a judicial process? Who or which body enacts a bill in Hungary?) were posed in order to provide a possibility for the comparison of the actual results and those of Kulcsár.
We found that the general level of knowledge of law had increased substantially in the past decades. Knowledge related to constitutional law is the prominent example of this growth and it can definitely be coupled with the functioning of the democratic political system in the last 25 years. However, except from constitutional law, the growth of legal knowledge is due almost solely to the increased level of education and not a generally improved legal consciousness of the society.
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A divatszakmában dolgozó munkások védelmének helyzete
105-129Views:348The global fashion industry is characterized by a dynamic and complex supply chain. Clothing products and footwear reach consumers through various brands, from developing countries to Western countries. The exploitation of workers at the bottom of the supply chain goes hand in hand with huge benefits for those at the top of the supply chain. Due to the lack of direct contact with workers, brand owners and resellers often ignore the abuse of workers ’rights in the production of their products. Labor law rules alone are not enough to improve working conditions and ensure the rights of workers in the fashion industry. Brand owners and resellers have a vital role to play in changing their working conditions. By incorporating “soft law” solutions such as the UN Business and Human Rights Guidelines and the Organization for Economic Co-operation and Development’s Screening Guide, responsible business conduct can be achieved. Incorporating voluntary initiatives into the business behaviors of brand owners and resellers has a significant impact on improving employee rights. In this study, I assess how the 2016 Transparency Draft has affected the protection of workers in the global fashion industry, how much the inclusion of Transparency and Sustainable Development Goals has improved the situation of exploitation of workers. The ILO regularly examines the issue through its analysis of human rights reports.
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The International Legal Framework of Maritime Piracy
161-177Views:263Although maritime piracy is the oldest crime committed at sea, it is still present to this day and counts as a threat: it not only endangers human lives but also causes damage to international trade. Firm actions must be taken against this international crime and those international agreements which define the definition and the elements of conduct of maritime piracy and also contain procedural provisions to suppress it count as vital elements of these actions. Currently there are two agreements which contain anti-piracy regulations and they regulate several matters appropriately but they also have many shortcomings. In this article I examine the anti-piracy regulations of these agreements.
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Hungarian Regulation of Temporary Agency Work from the Aspect of EU Directives
55-78Views:926Temporary agency work was introduced into Hungarian law on the 1st July 2001. After nearly two decades of experience and numerous legislative changes, the domestic regulation of agency work is still not finished or coherent, and it is burdened with a number of EU harmonization shortcomings, constitutional concerns and practical problems. The purpose of this study is to examine the Hungarian legal regulation of temporary agency work from the point of view of EU law, while also highlighting a number of issues of domestic law that need to be clarified.
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Defences in International Criminal Law
35-53Views:110The Statute of the International Criminal Court (ICC) was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. The ICC Statute contains rules regarding grounds for excluding criminal responsibility but this list is not exhaustive since other defences are recognized in international (criminal) law. This essay will not examine the special procedural defences and other obstacles of punishability which are explicitly rejected by the ICC Statute but focus on the substantial defences in international law: the lack of responsibility under a certain age; insanity and intoxication; justifiable defence; necessity and duress; mistake; superior orders; belligerent reprisals and military necessity.
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The Protection of Fundamental Rights of People with Disabilities and Reduced Capacity to Work Using Social Farm Services
83-100Views:174The present study examines the fundamental rights of disabled people using the service of social farms – especially people with disabilities and with reduced capacity to work. These rights are essential for these people in order to ensure their employment. These people are often cut off from the labour market, moreover, they cannot be present there. Therefore, fundamental rights ensured within the Fundamental Law of Hungary play a significant role for treating and employing them equally. Labour law and social law protection confirms this constitutional protection.
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A Philosophical Approach to Law
11-22Views:155Bjarne Melkevik’s book is one of the best comprehensive treatments of legal philosophy currently available in Canada. First of all, the reader will find in the form of a long introduction a bookchapter translated into Hungarian, which is a general description of Melkevik’s jurisprudential views, provided by Mate Paksy. The chosen chapter organizes the reflexions on legal philosophy into three interrelated ques- tions. Melkevik’s first, thought-provoking question is as follows: why do we need legal philosophy? He views legal philosophy not as foundational legal scholarship, but mainly as an elucidation of public, reflexive argumentation on law which isn’t at
odds either with an empirical methodology. The second question concerns whether studying legal philosophy is useful for lawyers. Here Melkevik endorses again a post-positivist position according to which both law and legal philosophy are essentially practical discourses. Though the third part of the paper is heavy with disciplinary boundary-drawing, which emerges from questioning the place of legal scholarship vis-à-vis other, more empirical branches of social sciences such as history or anthropology, Melkevik’s reflexions here are still inspired by a sort of Neo-Kantian legal philosophy and Habermas’ communicative ethics.