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Collection of Annotated Bibliographies (2014. Nr. 2)
261-324Views:152An 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 2014.
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The New Zealand concept of the legal personality of water and its applicability in Hungarian legal order, especially in connection with lake Balaton
9-23Views:162The present article concentrates on two aspects of the legal personality of water. First, it deals with the national legislation of New Zealand, especially the „Te Awa Tupua (Whanganui River Claims Settlement) Act 2017”, in which the legislator granted legal personality to the Whanganui River. Second, the article focuses on a Hungarian initiative concerning the establishment of a legal personality for the biggest Hungarian lake, i.e. Lake Balaton. Is it a real alternative to renew the legal protection of the environment in the Hungarian law? The article tries to launch a theoretical and practical dispute on the topic.
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Collection of Annotated Bibliographies (2015. Nr. 1)
163-212Views:236An 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 first part of the book descriptions of books published in 2015.
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János Ede Szilágyi: Water Governance, Water Policy and Water Law (book review)
169-173Views:204Book-review from the book of János Ede Szilágyi, the title is Water Governance, Water Policy and Water Law.
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The Effects of Anthropological Concept of the Legislator on the Interpretation of Law – The Conclusions of a Hungarian Research
73-84Views:111The paper tries to answer the question whether the principle of ’presumption of innocence’ is applied appropriately and consistently in the practice of Hungarian judges. In 2010 we studied the judicial activity of a chosen number of Hungarian judges by analyzing the text of roughly 300 judgements of Hungarian courts and by carrying out an on-line survey among Hungarian judges. As a primary result we could identify some major deficiencies concerning the application of the principle. The other lesson we learnt from the research is that serious principles play their part only if the legislator at the drafting of the law takes the actual knowledge and skills of the law applier into account.
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European Public Administration of Consular Protection
49-65Views:188The organizational issues of European public administration are especially apparent when the cooperation between the EU and its Member States is considered. The regulation of administrative institutions and bodies is fundamentally a subject of national competence. The European public administration for consular protection is based on the cooperation of the organs and authorities on both levels of European public administration. It is regulated as a framework which leaves a wide range of freedom for Member States to settle the missing details and also leaves too much room for voluntarism. All this makes the system unpredictable and despite the application of the principle of loyal cooperation and solidarity, the European administrative structure of consular protection is incompatible with the rule of law and the principle of good administration, and even with the principle of loyal cooperation and solidarity.
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The Legal Status of Women in the Balkans from the 19th Century to the Present
101-123Views:283One of the most important pieces of legislation in Serbian history was the Serbian Civil Code (SCC) of 1844, which remained in force for more than 100 years. It dates back to the time when the country was still part of the Ottoman Empire and survived the state law regimes of the Principality of Serbia, the Kingdom of Serbia, the Kingdom of Serbs-Croats and Slovenians and the Kingdom of Yugoslavia before being liquidated by socialist Yugoslavia in 1945. From the moment it was created, there had been serious criticism, such as that it was modelled on the Austrian civil code and thus did not correspond to Serbian legal-social relations, and so there was no indication that it would be a durable piece of legislation. In its 100-year history, most of the criticism concerned the discriminatory provisions on women. Mostly, the legal situation of married women was detrimental, as they had no capacity to act, and were represented by their husbands. Their proclaimed equality took place in 1946, but they actually received the same legal status as men in the late 20th century.
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Collection of Annotated Bibliographies (2012. Nr. 1)
169-212Views:137An 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 first part of the book descriptions of books published in 2012.
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Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards
180-202Views:171In this paper I outline the objectives of the ILO, the conventions relevant to collective bargaining and action, and furthermore the pronouncements of the ILO supervisory bodies. After describing social dumping I examine the jurisprudence of the European Union regarding the collision of fundamental freedoms and collective labour rights in the light of international labour standards. My observation is that the hierarchical relationship between fundamental freedoms and labour rights in favour of the former cannot be maintained even based on EU law.
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Collection of Annotated Bibliographies (2017. Nr. 2)
Views:266An 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 2017.
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Reflections from the Viewpoint of Legal History on the Muslims in Hungary
11-23Views:128The Islamic religion, on the basis of Act No. XVII promulgated in 1917 in the Kingdom of Hungary, was given the status of a „recognized” religion i.e. religious community (in Hungarian: „elismert felekezet”, in Latin „licita religio”). By virtue of this act the Islamic religion received the same legal status as the Baptist church in 1905. It has to be pointed out that according to the census taken in 1910 in the Kingdom of Hungary, including Croatia-Slovenia which enjoyed a large degree of autonomy, there were only as many as 757 citizens belonging to the Islamic religious community. In this study we examine the legal status of the Muslim Community in Hungary until the end of World War I. As a main conclusion it can be stated that the law of Muslims (ius personarum) had never became a part of the legal system of Hungary, and that Islamic law never confronted the ius patrium.
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Collection of Annotated Bibliographies (2010. Nr. 1)
146-173Views:129An 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 first part of the book descriptions of books published in 2010.
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Public Procurement Issues in the Field of Environmental Liability
175-188Views:200In public procurement, the principle of responsible management of public funds applies (Section 142 of the Public Procurement Act). This does not mean that only the techniques of fast-acting, quasi-abbreviated announcements or accelerated public procurement procedures are preferred, but on the contrary also direct tenders without general public procurement procedures are possible. The basis for efficient and transparent public expenditure at least are public procurement procedures that adhere to minimum procedural deadlines and create competition, i.e. facilitate the participation of as many bidders as possible. On the other hand, remedying environmental damage caused by third parties requires that the award of appropriate protection and remedial measures to the relevant contractors and the associated compliance with public procurement procedures do not cause delays that could contribute to extreme environmental degradation. In these cases, it is necessary to check whether there is a case of extreme urgency (imminent danger) and whether the award procedure can be omitted in whole or in part. In line with the above considerations, the present study, with reference to the Hungarian and EU regulations for public procurement, as well as comparative law with the inclusion of German and Austrian examples, examines whether the Hungarian legislator has additional leeway to prevent and quickly eliminate urgent or permanent serious environmental damage in accordance with procurement law.
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The Temporal Scope of the German Criminal Code
149-172Views:443The problem of temporal scope is also reflected in Germany’s criminal law. Its essence is the usage of the more lenient law in the case of the difference between the law of perpetration and the law of decision-making. The German Criminal Code has a 150 year history, with the original version being around 170 years old. It’s respectable age allows us to conclude that it has a stable character, however due to its countless modifications there has always been a significant problem – and there still is today – in relation to its interpretation. This study also provides a brief outlook on the regulation of the temporal scope in other German-speaking countries.
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The Criminalisation of Active Bribery of Public Officials: A New KOL Research in Hungary
9-29Views:259The aim of the three-year project “Novelties of Criminal Law in Legal Consciousness” was to measure the knowledge and attitudes of lay people concerning criminal law including regulatory novelties with a questionnaire-based survey. In this paper, the authors analyse the responses to questions related to active bribery of public officials. The research has verified our hypothesis that the average person has a fragmented knowledge even about this sector of criminal law. However, this is partly due to the fact that the respondents – compared to the differentiation of the legal regulation – usually have schematic knowledge on the topic. The answers were strongly influenced by attitudes towards this type of criminality. It was not substantiated, however, that this knowledge is substantially affected by socio-economic factors, by media consumption or by encountering criminality. Our hypothesis regarding the novelty of regulation has been only partially proven: there are more than three times more people whose answers reflect the old regulation than the new one. However, this was not necessarily due to actual knowledge of the older regulation, but rather to the fact that it was more in line with respondents insensitivity to legal distinctions.
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Then and now: laws on first and second generation biometric systems
78-90Views:228Although the security benefits these technologies offer security benefits to our society, their widespread application can involves and clearly leads to serious legal issues and concerns, including technological encounters, disputes and grave concerns for individual citizens’ rights of privacy. Various forms of identification, such as driving licenses, passports, and other identity cards, are progressively being combined with biometric information used by ever-changing and more advanced systems. With no doubts, it can stated as well that the use of them will be spread to other sectors too. Therefore, It safe to assume that this noticeable prosperity of personal information will involve and ache for more advanced data protection measures, encryption technologies, and other safeguarding measures, both to inspire their acceptance and use by the civilian population and to keep this critical information from falling into the wrong hands.
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Old and new challenges: poverty, migration, criminality
96-107Views:220Intensive economic, social and political changes cause local and global effects, which means that both universal (including the un, european union and other Igo’s) and national responses are necessary and shall be harmonized. Individual responses, without taking into consideration the other universal and national actor’s steps can cause more problems than they solve. According to the official un statistics, people who are forced to leave their country of origin, flow mostly from the region of Afghanistan, Syria and Iraq to the EU Member States. This means that their legal, cultural and religious background are different from the EU standards, which can be considered as sources of additional social (and sometimes criminal) problems. It is clear that all the states have right to take legal steps against crimes committed by these people (independently from the question whether their presence in the territory of the country is lawful or not), enforcing all the international and national standards of fair trials and humanity during the procedures started against them. The topic is extremely hot nowadays in Hungary and in the European Union.
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Determining the Period of Criminal Legal Limitation
99-113Views:306In my essay I examine the statutes of limitation in criminal law. Firstly, I give a general description of limitation, of its position in the Criminal Code and of its legal theory. Secondly, I review the legal history of limitation demonstrating the system of limitation in our first criminal code. After that, I outline the regulations concerning the period of limitation and then describe the way limitation is enforced in the statute of criminal procedure. Finally, I draw the conclusions of my essay in the form of a proposition de lege ferenda.
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Collection of Annotated Bibliographies (2010. Nr. 2)
105-138Views:149An 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 first part of the book descriptions of books published in 2012.
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Trends, Directions, Legislative Efforts: the Abolition of the Civil Servant Status
179-195Views:161One of the most spectacular changes to the Hungarian employment system in recent years is that many former civil servants (‘közalkalmazott’) have lost their status and come under the scope of the Labour Code or have been subject to newly created status laws. As the Act on Civil Servants (‘Kjt.’) applies now only a few groups of civil servants, having been emptied out by successive reforms, it is not surprising that the future existence of the Act and of the autonomous status of civil servants is being called into question. But what factors have led to the gradual, and in recent years accelerating, decline of the Kjt.? Is the 'disappearance' of civil servants the result of internal processes that rationally follow from the development of the law, or is it the result of independent economic and political considerations? What was the original role of the Kjt. in the system of employment relationships and how can its ‘emptying’ be understood in an international and historical context? The study argues that this process is not an inevitable consequence of legal doctrinal developments, but rather the result of legislative efforts to abolish the uniform legal status of human service providers. Hungarian legislation is no exception to the neoliberal and neo-Weberian trends, while the comparative advantages previously enjoyed by civil servants are eroding and the regulation is becoming highly fragmented.
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The Future of International Environmental Law
139-145Views:110Book review on The Future of International Environmental Law, szerk.: David Leary és Balakrishna Pisupati, 2010, Tokió, United Nations University
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The Role of Non-Governmental Organisations in the Enforcement of Environmental Liability
113-127Views:289Public participation is an essential part of the mechanism of dealing with environmental problems. Both the Aarhus Convention and Union law stipulate that citizens and environmental NGOs should be guaranteed access to justice that includes providing legal standing for environmental NGOs individuals and directly affected by a breach of environmental law. In accordance with the Environmental Liability Directive, persons adversely affected by environmental damage are entitled to ask the competent authorities to take action. However, there are major chellenges to the implementation of environmental legislation, faced by environmental NGOs in obtaining standing to bring legal challenges on environmental issues.
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Collection of Annotated Bibliographies (2013. Nr. 2)
167-209Views:170An 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.
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Collection of Annotated Bibliographies (2011. Nr. 2)
137-190Views:188An 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 2011.
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The Right Answer to the Diesel Scandal? The latest Reform of German Collective Redress through the Eyes of Outsiders
9-38Views:322The aim of the article is the understanding of the development, experiences and barriers of the the German collective redress mechanisms – from the point of view of a foreign researcher. When establishing a possibility for collective redress the course of the whole procedure and almost all segments are concerned. The case known as Volkswagen-dieselgate made the issue particularly crucial. Through this case, the author examines the new procedure introduced in November 2018. She also gives a brief overview of the class action in the US, concluded by a settlement between the Volkswagen Group and consumers. She tries to answer the question of whether the new law can be expected to provide an effective solution to the procedural issues that have arisen in this case. The analysis is also based on a review of previous sectoral regulation, which was the main basis of the development of the new regulation introduced in 2018.