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• Collection of Annotated Bibliographies (2015. Nr. 2)

  165-223

  Colleagues and students of the UD Faculty of Law UD

  Views:

  155

  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 2015.

• Advertising Bans in the Internal Market: Limits of State Competence on the Example of the Advertising Ban on Foreign Gambling in Hungary

  12-23

  Franz Leidenmühler

  László Fodor(Translator)

  Judit Balogh(Translator)

  Ildikó Bartha(Translator)

  Views:

  260

  Die ungarischen Werbebeschränkungen für Glücksspiel-Dienstleistungen aus anderen Mitgliedstaaten der EU sind nicht mit den Vorgaben aus dem Unionsrecht vereinbar und können daher aufgrund des Vorrangs des Unionsrechts den Werbenden nicht entgegengehalten werden, die sich auf die Freiheit der Dienstleistungserbringung nach Art. 56 AEUV berufen können. Entsprechend der ständigen Rechtsprechung des EuGH erstreckt sich die Vorrangwirkung auch auf Strafbestimmungen, die an unionsrechtswidrige Normen anknüpfen. Die Unanwendbarkeit der unionsrechtswidrigen Bestimmungen bezieht sich nicht nur auf den in einem anderen Mitgliedstaat ansässigen Dienstleistungserbringer, sondern auch auf die inländischen Werbepartner.

• 60th Anniversary of the European Social Charter: Some Proactive Dilemmas

  29-42

  József Hajdú

  Views:

  343

  The European Social Charter is a human rights treaty of the Council of Europe. For 60 years, the Charter has been protecting the social and economic rights of citizens across Europe. During these years, the Charter has been revised and new rights have been included to take into account the challenges facing our modern societies. But the Charter has remained at the heart of the Council of Europe’s statutory goals: human rights, rule of law and democracy, which cannot be realised without respect for social rights. However, sixty years after the adoption of the Charter, and thirty years after the adoption of the Turin Protocol of 1991 reforming the supervisory mechanism, the Convention has yet to realise its full potential. In this article the Charter’s two supervisory mechanisms are analysed and some proactive dilemmas and possible solutions are outlined.

• Reflections on the validity of exculpatory clauses in light of Section 6:152 of the Hungarian Civil Code

  9-24

  Réka Pusztahelyi

  Views:

  206

  Section 6:152 of the Hungarian Civil Code (HCC) is an objective cap on the freedom of contract, it is an unconditional (absolute) and minimum protection to which all exculpatory clauses are subject. In this essay, this rule is examined in a wide and complex context. These exculpatory clauses are closely connected to the consent of an injured person or their  assumption of risk, or their waiver (especially waiving claims for damages) as unilateral juridical acts. The relationship between this statute and other grounds of invalidity shall also be examined, especially the connection to the invalidity rule of unfair standard contract terms.

• Collection of Annotated Bibliographies (2016. Nr. 1)

  175-220

  University of Debrecen Faculty of Law UD

  Views:

  210

  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 2016.

• A Collection of Annotated Bibliographies (2017. Nr. 1)

  146-168

  Colleagues and students of the UD Faculty of Law UD

  Views:

  178

  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 first part of the book descriptions of books published in 2017.

• „Disciplining” English Judges in the 21st Century

  80-86

  Attila Badó

  Edina Halász

  Views:

  113

  Ott, ahol a bíró nem leterhelt tisztviselő, perpatvarokat eldöntő jogalkalmazó, hanem jogalkotó, és egy erőteljes hatalmi ág jól fizetett, független, megbecsült képviselője, vajon milyen tere van a számon kérhetőségnek? Régóta rejtélye ez a common law jogrendszereknek. Jóllehet globális problémának számít a bírói függetlenség és számon kérhetőség egyensúlyának megteremtése, és a kontinentális és common law jogcsalád konvergenciája ezen a területen is szembeötlő, igazán élesen éppen a fenti kérdés miatt az angolszász országokban vetődik ez fel.

• Collection of Annotated Bibliographies (2011. Nr. 1)

  101-135

  Colleagues and students of the UD Faculty of Law UD

  Views:

  188

  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 first part of the book descriptions of books published in 2011.

• The Legal Position of the Mine Officials in Hungary in the 18th Century

  67-90

  Magdolna Gedeon

  Views:

  171

  In the 18th century the centralization efforts of the Habsburg rulers were intensified in the field of mining administration. Their aim was to be able to dispose over the mine revenues without the orders. For this purpose, by the circumstantial regulation of the position of the officials, they set up a new official staff which was independent of the orders. By studying of the legal position of the officials we can better understand the working mechanism of an absolutist system.

• Collection of Annotated Bibliographies (2014. Nr. 2)

  261-324

  Colleagues and students of the UD Faculty of Law UD

  Views:

  152

  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 2014.

• The New Zealand concept of the legal personality of water and its applicability in Hungarian legal order, especially in connection with lake Balaton

  9-23

  János Ede Szilágyi

  Views:

  162

  The 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.

• Collection of Annotated Bibliographies (2015. Nr. 1)

  163-212

  Colleagues and students of the UD Faculty of Law UD

  Views:

  236

  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 first part of the book descriptions of books published in 2015.

• János Ede Szilágyi: Water Governance, Water Policy and Water Law (book review)

  169-173

  Ágnes Bujdos

  Views:

  204

  Book-review from the book of János Ede Szilágyi, the title is Water Governance, Water Policy and Water Law.

• The Effects of Anthropological Concept of the Legislator on the Interpretation of Law – The Conclusions of a Hungarian Research

  73-84

  Mátyás Bencze

  Views:

  111

  The 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.

• European Public Administration of Consular Protection

  49-65

  Erzsébet Csatlós

  Views:

  188

  The 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.

• The Legal Status of Women in the Balkans from the 19th Century to the Present

  101-123

  László Heka

  Views:

  283

  One 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.

• Collection of Annotated Bibliographies (2012. Nr. 1)

  169-212

  Colleagues and students of the UD Faculty of Law UD

  Views:

  137

  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 first part of the book descriptions of books published in 2012.

• 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

  180-202

  Attila Gábor Kószás

  Views:

  171

  In 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.

• Collection of Annotated Bibliographies (2017. Nr. 2)

  Colleagues and students of the UD Faculty of Law UD

  Views:

  266

  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 2017.

• Reflections from the Viewpoint of Legal History on the Muslims in Hungary

  11-23

  Gábor Hamza

  Views:

  128

  The 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.

• Public Procurement Issues in the Field of Environmental Liability

  175-188

  Andrea Gyulai-Schmidt

  Views:

  200

  In 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.

• Collection of Annotated Bibliographies (2010. Nr. 1)

  146-173

  Colleagues and students of the UD Faculty of Law UD

  Views:

  129

  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 first part of the book descriptions of books published in 2010.

• The Temporal Scope of the German Criminal Code

  149-172

  József Stál

  Views:

  443

  The 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.

• The Criminalisation of Active Bribery of Public Officials: A New KOL Research in Hungary

  9-29

  Miklós Hollán

  Tímea Venczel

  Views:

  259

  The 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.

• Then and now: laws on first and second generation biometric systems

  78-90

  Ferenc Zoltán Simó

  Views:

  228

  Although 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.