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• Regulatory Proposal of the Ombudsman for Future Generations

  10-28

  Gyula Bándi

  Views:

  235

  The most important provisions of environmental liability are available, but the effective enforcement still requires the regulation of several legal conditions. The ombudsman for future generations, following a wide professional and social coordination issued a complex regulatory proposal. The proposal is based upon the EU Environmental Liability Directive within the framework of the existing liability scheme, with a broader understanding of liability, and with the most inclusive approach of the polluter pays principle. Among other elements it covers the financial guarantees, the formation of the financial coverage of state intervention, the implementation of environmental liability attached to the real estates, the availability of and access to the environmental information, the more effective enforcement of environmental liability, and also the setting of conditions of implementation within public administration.  The main objective is to promote responsible environmental behaviour.

• Claims for Compensation Based on the Infringement of Regulations Applicable to Procurement Procedures

  11-30

  Ágnes Juhász

  Views:

  160

  The study is concerned with those claims for compensation, which are based on the infringement of regulations applicable to procurement procedures. After the placing of the compensation within the public procurement remedy system, we outline those conducts, which can cause damage in the course of the public procurement procedure (e.g. contracting authority’s withdrawal from the public procurement, unlawful withdrawal of the tender, failing of contract conclusion, etc.). during the review of these cases, we heighten the differences existing between the classical civil law claims and the claims based on the infringement of public procurement rules.

• Salutatory

  7-8

  József Szabadfalvi

  Views:

  115

  Salutatory of the Dean of the University of Debrecen, Faculty of Law.

• The 1580 Political Ordinance of the States of Holland and West Friesland: Certain Examples of its Influence in the English-Speaking World

  78-88

  Daniel Haitas

  Views:

  195

  The present study deals with certain influences the 1580 Political Ordinance of the States of Holland and West Friesland had in the English-speaking world, specifically in relation to the Plymouth Colony in the present-day Commonwealth of Massachusetts and South Africa. Regarding the former, there is a survey of the introduction of the institution of civil marriage by the Pilgrims at the Plymouth Colony and the Dutch background to this particular development. In relation to South Africa, there is an analysis of the lack of intestacy inheritance between spouses in that country in the past due to the system of inheritance rooted in the 1580 Political Ordinance, and the changes that took place in connection to this with the passing of time.

• Implementation of the European Small Claims Procedure in the Member States of the European Union

  41-59

  Anna Nyilas

  Views:

  149

  It 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.

• Messages of German and Italian Identity Parades

  78-89

  Csaba Fenyvesi

  Views:

  96

  All criminal justice systems in rule-of-law states attempt to prevent justizmord cases. Unfortunately, this intention is not always successful. This statement is illustrated by both Hungarian and foreign examples.  Both Hungarian and international scientific research reveals that the identity parade (line-up) method plays a key role in the miscarriage of justice cases. So it is important (basic)/vital interest to prepare preventing methods in this field, or to reveal/disclose the causes of final serious mistakes. For this purpose, the author examines the identity practical method and legal (police) rules in Germany and Italy. At the end of the study, the author formulates the potential legal and criminalistic/forensic development possibilities, the lessons and his conclusions for the powerful/efficient and fair criminal procedure rules and for better law enforcement practice. 

• Judicial Review in Emergency Situations: the Relevant Case Law of the European Court of Human Rights

  200-218

  Gábor Mészáros

  Views:

  153

  Emergencies are mostly sudden, and in most cases states need special measures to deal with them. For this reason liberal democracies have standing constitutional or special legal powers to derogate human rights for the sake of order. Those democracies that do not have such powers, use impromptu ones. It is possible for authoritarian governments to abuse emergency powers in order to stay in power, to derogate human rights and to silence the opposition. Therefore it is essential for a liberal democracy to have strict limits for the duration, circumstance and scope of emergency powers. There are human rights regimes (for example: the European Convention on Human Rights) which have to respect the member states’ duty and responsibility in such cases. This article tries to examine this special case law of the European Court of Human Rights. The question is whether a European Human Rights regime is capable of becoming the guardian of human rights in cases of national emergencies, or the sovereignty of states also means that there is very narrow margin to prove legality above security?

• Some Legal Challenges of Digital Inheritance with Special Regard to Privacy

  84-98

  Petra Schubauer

  Views:

  295

  Digital inheritance, because of its complexity, cannot be considered uniformly. The elements of digital inheritance which can be considered as property are regulated by the law of succession. The personal elements of the digital inheritance are regulated by the right in memoriam and data protection laws. In the current Hungarian legal system the amendment of Act no. CXII of 2011 on the Right of Informational Self-Determination put the post-mortem privacy principle into regulatory form, in addition to the right to respect for the deceased which provides legal protection against violation of the memory of a deceased person.

• PhD Studies in Law in Hungary–Difficulties and Possibilities (Before the 9th Academic Year of Géza Marton Doctoral School of Legal Studies)

  38-53

  Gábor Kecskés

  Sándor Szemesi

  Views:

  141

  In this study the authors (Gábor Kecskés as the secretary of Doctoral School of Legal Studies at István Széchenyi University and Sándor Szemesi as the secretary of Géza Marton Doctoral School of Legal Studies at Debrecen University) examine the legal framework concerning doctoral schools of legal studies in Hungary as well as the specialties (and realities) of Géza Marton Doctoral School at Debrecen University. One of the main purposes of this article is to salute the beginning of the 100th academic year at Debrecen University, additionally the article tries to introduce how doctoral schools can fulfil the continuously changing (more precisely, tightening) requirements of the Hungarian Accreditation Committee, taking into consideration the unwritten expectations as well as the general interests of the host universities and the doctoral school itself.

• The Nature of the EU Labour Market and Its Regulations

  89-104

  Moe Thazin Khaing

  Views:

  190

  Labour market regulation to prevent labour migration easily becomes protectionist, thus violating the rights of migrant workers. This paper focuses especially on the role of the labour market regulations relating to migrant workers in the EU. General labour market regulations will be analysed in the first section. When we talk about the labour market, the regulations will be assessed as to whether they are strong or not and to what extent the workers will get their rights protected. EU labour migration is large around the world and can be handled with labour legislation and the labour market. Therefore, EU labour market regulations and policies, especially active labour market policies, are analysed in this paper.

• Luxembourg v Strasbourg – Legal Impediments in the Process of the Accession of the EU to the ECHR

  101-119

  Zoltán Angyal

  Lilla Nóra Kiss

  Views:

  149

  The accession of the European Union (EU) to the European Convention on Human Rights (ECHR) has been on the agenda of the EU for long. Although the Lisbon Treaty settles this question in theory by obliging the EU to accede, the European Court of Justice (ECJ) resorted to its rights laid down in the Treaties and published its Opinion 2/13 on the matter by the full Court. This opinion scrutinizes the draft document concerning accession. According to the opinion the EU cannot accede to the ECHR in the present form because the draft document is not in compliance with the special characteristics and features of EU law, therefore it would require the amendment or reorganisation of the whole EU legal system. By this judgement the ECJ outlines the legal impediments in the way of the accession. The main objective of our article – after summarizing the brief history and legal framework of the accession – is to present and evaluate the critical elements of accession determined by the ECJ and predict the decision’s possible consequences.

• Changes of substantive and procedural law concerning the register of non-governmental organizations

  148-163

  Szilárd Pálfay

  Views:

  146

  Provisions concerning the societies and foundations raise difficulties for judges, lawyers and judicial staff proceeding in the interest of registration of non-governmental organizations for a long time. The study examines the registration of non- governmental organizations with a view to provisions of substantive and procedural law and attempts to demonstrate problems being the cause of legal uncertainty. Finally the author puts forward a proposal for correction of regulation concerning the non-governmental organizations and suggests introducing methods in the interest of predictable application of law.

• Expanding Zoo? Judgments of the EU Court of Justice on Participation of Slovakian NGOs in Environmental Administrative Proceedings

  118-131

  László Szegedi

  Views:

  167

  The Aarhus Convention guarantees access to information, public participation and access to justice in environmental matters. The Convention as a so-called mixed-agreement has been ratified by the EU as well as by its Member States. The Convention-related case-law of the Court of Justice of the EU (CJEU) especially relating to Slovakia (see, C-240/09 – Slovak bears, C-243/15 – Slovak deers) shows that the Court has broadened the locus standi of NGOs before national courts using them in order to facilitate the enforcement of EU law. The activism followed by the Court in these judgements could be considered as environmental-specific expression of the objective of broader law enforcement before national courts. However it depends on national courts whether this kind of CJEU judgments could acquire cross-border relevance by their application of national judges. "A mű a KÖFOP-2.1.2-VEKOP-15-2016-00001 azonosítószámú, _ „A jó kormányzást megalapozó közszolgálat-fejlesztés”_ elnevezésű kiemelt projekt keretében működtetett Ludovika Kutatócsoport keretében, a Nemzeti Közszolgálati Egyetem felkérésére készült."

• Questions of organizing working hours in regard to public holidays

  134-147

  Lajos Pál

  Views:

  185

  The study shows the dogmatic effect of the specific legal nature of public holidays on the organization and remuneration of working time. This effect can be seen in the duality that the public holiday affects (reduces) the duration of the parties' performance on the one hand, but also affects the conditions of actual performance, mainly because working time can only be prescribed under special conditions. But this duality also determines the dogmatics of public holiday pay rules: the legislature compensates for the reduced working hours due to public holidays, on the one hand, and the “inconvenience of work” that an employee performs on public holidays, on the other.

• Certain Data Protection Issues of Innovations Affecting the Insurance Business in the Light of the GDPR

  62-83

  Mário Certicky

  Views:

  144

  Technological innovations affect many sectors of the economy, including the insurance business. Among these innovations, IoT-based (Internet of Things) solutions can be highlighted, the main feature of which is that real-time and continuous data collection is performed using the Internet, thus optimizing the risk management of the insurer. Given that a significant part of the data thus collected constitutes personal data, so the rules of the General Data Protection Regulation (GDPR) should apply. The data protection examination of the technologies affecting the insurance institution raises several issues which, in my view, significantly impede the application of these technological achievements. The study aims to explore these problems and make an attempt to make proposals to solve them.

• The Basic Thesis of the State Theory of Győző Concha: "Theory of Constitiution"

  133-160

  Tamás Vasas

  Views:

  308

  Győző Concha’s book “Politika”, published in 1895, is still relevant for the understanding of the theoretical problems in constitutional law. Thus, it is important to analyse the peculiar use of constitutional terms in his theory in order to understand his unique interpretation of the concept of the constitution and its relevance for political and legal philosophy.  The methodological goal of the research is to present the meaning of the concepts used by Concha, and to highlight their functional role. It is also an important question as to how Concha’s constitutional theory was incorporated into his political philosophy, and how these concepts are interpreted in today’s political and legal terminology. It is also the paper’s aim to “translate” Concha’s vocabulary and constitutional theory into the language used in 21st century constitutional theories, and to present and evaluate the relevance of his constitutional theory in understanding the current constitutional problems of political communities.

• Actual Challenges of Delimitation of Continental Shelf on the Example of the Arctic

  67-83

  Erzsébet Csatlós

  Views:

  175

  The concept of continental shelf as an inherent right to coastal State has a history of almost a hundred year but its legal status has several gaps which need to be resolved in the forseeable future. Delimitation of continental shelf between States with adjacent or opposite coasts has been a problematic issue since the elaboration of the legal concept of continental shelf but the present essay aims to highlight some other problems emerging since the first application of Article 76 of UNCLOS. These legal problems are related to the procedure of establishing of the outer limits of continental shelf beyond 200 nautical miles. The essay examines these legal problems and demonstrates the challenge caused to the Arctic continental shelf as an example.

• The Legal Status of the Inventor in the First Hungarian Patent Act

  19-33

  László Papp

  Views:

  115

  The first Hungarian Act on Patents was adopted in 1895. The study examines the regulation of the inventor’s legal status in this act and the problems the legislature had to solve. In the first part of the study the inventor’s rights are described regarding the inventor’s personal and valuable rights and interests. By the beginning of the 20th century license became the most important valuable right and interest, although its regulation could not be found in any act. In fact, a decision of the Patent Court in 1928 declared the regulation of leasehold valid, which raised greater and greater difficulties in legal application from the second half of the 20th century. The second part of the study examines the inventor’s obligation of payment and functioning. The latter is one of the special features of the intellectual property system which is regulated by the Industrial Property Union.

• Public Hearing as a Safeguard of Fair Trial in Criminal Proceedings

  46-61

  Tamás Háger

  Views:

  186

  The primary aim of my paper is to examine the questions related to the institute of public hearing. As we know, publicity is one of the most important safeguards of fair trial in criminal procedure. In my opinion, it is necessary to examine these procedural questions in a scientific depth in the light of both the case decisions of the High Courts and the practice of the European Court of Human Rights. The study examines one of the important pledges of a fair trial, the effectiveness of the basic principle of publicity in the criminal procedure. It explores the principle from a dogmatic point of view, and also in the light of both the European standards and the regulations currently in force. It mentions the limitation and exclusion of publicity, and the legal consequences of violating publicity in a great detail. Classic legal institutes are shifted into new dimensions by the technical improvements of the modern world and the media broadcasts from courts, and the paper points it out that for the sake of having an undisturbed court hearing and verification, some modifications on certain legal regulations may be justified. The study also mentions the standpoints of legal literature regarding the notion of publicity in detail, and by summarizing them it attempts to define the notion of the given basic principle as per aspects of law science, considering the characteristics of the 21st century. After the establishment of law theory principles, besides introducing the regulation in force and touching upon court practice, my paper analyzes questions that are more and more current, especially due to the reports by the electronic media, which sometimes cannot only disturb the order of the court, but also the procedure of verification. So, after the examination of basic hypotheses and the legal institute, it draws the conclusion that the development of the legal institute justifies the modification of the procedural law in the future, especially in connection with informing the press.

• Editorial

  7-8

  László Fodor

  Views:

  204

  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.

• The Beneficium Novorum in the Light of the Hungarian Procedural Reform Movements of the 19th and 20th Centuries

  28-44

  Kristóf Szivós

  Views:

  143

  The study examines the historical development of the beneficium novorum in the 19^th and 20^th century. This legal institution means the right of the parties to make such submissions that had not been made in first instance proceedings. Act I of 1911 (the first Hungarian code of civil procedure) made it possible without any boundaries based on the appellatio of Roman law. Act 1930 of XXXIV, however, restricted the freedom of submission in time with the enforcement of the principle of contingent cumulation. The study has a practical approach since it examines the question through archive sources and high court decisions. It argues that the application of the principle of contingent cumulation in the appeal proceedings was a successful legislative move which led to their shortening.

• Legal Theory Bases and the Place of Corporate Tax in Tax Policy

  153-179

  Zsolt Pfeffer

  Views:

  262

  Corporate tax is basically aimed at taxing the income from the business activities of companies (and other enterprises, legal entities). The general characteristics of this type of tax, legal theories of its application, political and economic approaches, as well as the main legislative and enforcement problems can be examined. Each country has different regulations and approaches, but the main features are the same. Accordingly, the study discusses the place, role and general characteristics of corporate tax in tax policy, primarily from a legal point of view, also addressing some economic issues and the relationship between dividend tax and corporate tax.

• Harmonization of Arbitration Laws in some Asian and European Countries

  68-77

  Gauri Nirwal

  Views:

  186

  The 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.

• The Relationship Between Psychoactive Substance Users and Animals

  Szilvia Vetter

  Anita Paulovics

  Views:

  29

  The purpose of the study is to present the wide-ranging relationship between psychoactive drug use and animal welfare based on a literature review. The relationship between drug users and animals is on the one hand under-researched, and on the other hand there are no developed protocols regarding the issue, even though the issue has significant human health and animal welfare effects. There is little awareness of how the positive health and psychological effects of animal keeping could be properly applied to the recovery of people suffering from addiction. There are encouraging initiatives, but there is a lack of a systemic approach to the issue from the side of academic life, professionals and the state, from the protocols, and from the training of people in the helping professions. In Hungary, both psychoactive drug consumption and animal keeping have a detailed and developed legal background, however, the mapping of their connections is still pending. While the literature focuses more on the aggressive actions that addicts may be prone to, practitioners tend to emphasize the supportive force that a companion animal can provide in recovery. In light of all of this, further studies on the subject are recommended, and it would be worthwhile to consider the systematic, more consistent and conscious integration of the use of animals at the legislative level and into some therapeutic protocols.

• The Importance of the Offender's Personality in the Infliction Process, Particularly as Regards the Criminal Records

  91-108

  Ágnes Pápai-Tarr

  Views:

  281

  During the infliction process, the judiciary needs to take into account the accused person’s personal circumstances, a process which also consists of the thorough exploration of the criminal records of the accused. It has to be considered whether the accused has committed any crime, and has been sentenced before, and if they have been, how many times, when, for what crime, and, last but not least, what the sentence was. These factors may greatly influence the inflicted punishment as a clean record is usually considered by the judiciary as a mitigating circumstance, while recidivists, offenders who pose an increased risk to society, are more seriously penalised. The penal literature of the last few decades lacks thorough studies on the previous criminal records of offenders. In my study paper and research, I attempt to make up for this shortage by examining the criminal records of the offender as a criterion of the infliction process. My aim is to present the actual judicial practise beyond the effective legislative environment and call attention to certain anomalies.