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Editorial
7-8Views:169In 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.
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Examination of Quality Management Solutions and Their Applicability in the Context of Right to Information
102-118Views:101With the growing importance of good public administration, the quality of information can be measured primarily through customer satisfaction. In order to provide a uniformly high level of information, it is possible to apply quality management standards and other solutions such as ISO 9000, citizen’s charts and excellence models. However, they are not always able to measure the quality of information in a targeted way, therefore the use of solutions based on customer feedback is required. However, the question arises, whether these classic quality management solutions can still be used in an environment where multi-channel access, electronic communication, automation and artificial intelligence are playing an increasingly important role in public administration and customer information?
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The new Civil Procedure Code – from order for Payment Perspective
94-113Views:106The study aims to assess the basis of the features of the new Civil Procedure Code, it is a general background of the non-litigious procedures. The research seeks to answer two questions: whether the new Civil Procedure Code satisfies the requirements of the non-litigation requirements; and whether it leads to a change in the regulation of non-litigation procedures. The study whittled down the scope of the investigation to the order for payment procedure. Based on the primary research, the sections of the draft of the new Civil Procedure Code, which are referred to by the order for payment procedure, are two ways to present: content unchanged, and content changed. The study examines the impact of the latter, and draws conclusions based on the changes in content on the relationship of the order for payment procedure and the new Civil Procedure Code.
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The British Isles and the Arctic: Episodes from the Past and Present
159-170Views:95The article explores certain past and present aspects of Britain’s engagement with the Arctic. More specifically, it looks at English and Scottish connections with the area of Spitsbergen (present-day Svalbard, Norway), focusing on exploration and whaling, as well as competition with European powers. Certain legal issues that subsequently arose over the course of time regarding the area are also looked at. Additionally, it examines modern tensions surrounding Svalbard, between the European Union and Norway in the aftermath of Brexit, specifically due to the allocation of fishing quotas. This illustrates the impact that Brexit has had in various different areas. The study also deals with the United Kingdom’s present engagement with the Artic, including Scotland’s attempt at formulating an independent Arctic policy.
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The relationship between distraint in real estate and real estate registration – with special regard to the legal effects of registering and recording certain rights and legally significant facts
137-156Views:312The subject of the study is the realization of real estate, which is not examined in the traditional way but within the scope of the implementing law, but as a legal institution affecting several jurisdictions, focusing on the ownership of the auction buyer. In addition to the method of obtaining ownership based on the official auction, it analyzes in detail the possibilities of obtaining from the non-owner in the official auction and in the light of the judicial practice, the legal effects of registering the enforcement right and the note are taken into account.
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Hungarian Legislation on Unfair Commercial Practices – Critical Comments
54-67Views:125Directive 2005/29/EC concerning unfair commercial practices (hereafter: UCPD) has a maximum harmonization character. The aim of this paper is to review and criticize the rules of the Hungarian implementing act. The starting point is the ban stemming from the maximum harmonization: Member States during the implementation must not create or apply stricter or milder rules than those of the UCPD. However, the Hungarian act has many problematic parts in connection with both the rules and the definitions. Besides scrutinizing these questionable points the paper also uncovers the possible practical consequences.
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The Legal Practice of Harassment by Threatening: A zaklatás második alapesetének joggyakorlata, különös tekintettel a halmazati és elhatárolási kérdésekre
219-238Views:148The Criminal Code of Hungary has contained the criminal offence of harassment since 2008 (Art. 222 of the current Criminal Code). The criminal definition contains three different statutory conducts: (1) disturbing or bothering behaviours (2) „dangerous threat” and (3) „awakening appearance of danger”. Many examples in Hungarian legal practice show that the prosecutors and judges face huge difficulties in the interpretation of these types of harassment. The main questions are: Which behaviours can fulfil the statutory elements of „harassment by threatening”? How can we define „threat” and „awakening appearance of danger” as a conduct? How can they be distinguished? Which other delimitation questions arise? this paper aims to answer these questions.
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3P and the Hungarian Local Governments – Defects of a Legal Institution’s Application
80-96Views:82It’s a huge challenge to qualify the operation of an organised society’s needs especially because of the limited resources. The task above has put pressure on the states since the middle of the XXth century. To solve the pervious problem the states started to find new, non-traditional, alternative tools, legal institutions which are able to include other sectors resource (e. g. private sector’s) into the provision of the public duties. One of these alternative legal institutions is the Public-Private Partnership (PPP). The study tries to answer the question: what results has adapted this legal tool by the Hungarian local governments.
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Towards a European Legal Scholarship. Recommendations of the German Council of Science and Humanities (Wissenschaftsrat) on the Development of Education and Research
54-61Views:102The German Council of Science and Humanities (Wissenschaftsrat) in 2012 published its study „Perspectives of Legal Scholarship in Germany. Current Situation, Analyses, Recommendations”. The recommendations are preceded by empirical and quantitative descriptions that provide information on the current situation of legal study and research in Germany. The document emphasizes the importance of cooperation between theoretical and practical part of the legal education. The report considers that students should acquire the ability of critical approach to legal prac- tice instead of memorising the substantive legal rules.
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The Chinese Internet Censorship Model
27-36Views:178Blocking users from information deemed inappropriate by political leaders, making ISPs responsible for the content placedon them, and having to constantly monitor the content is based on so-called cyber sovereignty, according to which every country has the right to choose how to develop and regulate the Internet. The Golden Shield system, operated by the People’s Republic of China and surrounded by a complex and ever-changing legal, technological and human background, can achieve all this. Thus, the main question to which Chinese leaders operating the Golden Shield, China’s means ofimplementing total control, is seeking an answer is: can there be a solution in the 21st century that provides both economic openness and development while maintaining information confinement?
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The Specification in the Institutes of Gaius
9-22Views:104A romanisták az idegen anyag feldolgozására vonatkozó római jogi szabályokat hagyományosan nagy figyelemre méltatták. Mayer-Maly szerint ez a kiemelt érdeklődés három okra vezethető vissza. Egyrészt a feldolgozás tana szokatlanul mély bepillantást enged a római jogi gondolkodás mély rétegeibe, másrészt az újkorban a munka és a tőke problematikája révén újra reflektorfénybe került a probléma, harmadrészt a jogintézmény érzékeny szociális kérdéseket is felvet. Az európai magánjogi kodifikációk többsége sem tudta magát kivonni a feldolgozás római tanának hatása alól, így a téma mindmáig aktuális.
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Multilevel System of Fundamental Rights Protection in Practice, in the Light of the Dismissal of Government Officials without Justification
120-141Views:136Today, in the European multi-level and cooperative constitutional area the European Convention on Human Rights, the constitutional value provisions of the EU Treaties together with the Charter of Fundamental Rights of the EU, as well as the constitutions of the member states of the EU function as parallel constitutions. The legal remedies offered by international forums by nature are subsidiary, because it is desirable that legal issues of human rights be solved by the states at national level. The obligation of the exhaustion of domestic legal remedies as a procedural precon- dition is needed in order that the national level should have the chance to remedy the violation of human rights within its own legal system.
The present paper focuses on Art. 8 para. (1) of Act LVIII of 2010 on the legal status of government officials, which states that the employer has the right to terminate the contract of goverment officials by two months’ notice period without any justification. The research is of considerable interest because the dismissed officials – who, in my opinion, de facto suffered injury by violation of human rights – were forced to turn to international forums because of the fact that the Hungarian legal system was not able to grant them adequate reparation. Therefore, the examination also evaluates the current level of fundamental rights arbitration and the jurisdiction using fundamental principles in Hungary.
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Formalism in Judicial Practice: Theoretical Background of Formalist Judicial Reasoning
151-157Views:141Review on Ficsor Krisztina's book, the title is Formalism on Judicial Practice. Theoretical Background of Formalist Judicial Reasoning. (Gondolat Kiadó, Budapest, 2015.)
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New routes, new tools for the legal regulation of the labour market? Comments on the monograph of Attila Kun
157-165Views:172Book review on Attila Kun's book, the title is "A munkajogi megfelelés ösztönzésének újszerű jogi eszközei" Károli Gáspár Református Egyetem, L’Harmattan Kiadó, Budapest, 2014.)
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Editorial
7-8Views:105In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions. In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.
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’The more speech, the better’: Review of the Book of András Koltay on New Media and Freedom of Speech
Views:251At first glance, the new book of András Koltay seems to be a translation of his recently published volume, New Media and Freedom of Expression: Rethinking the Constitutional Foundations of the Public Sphere (Hart International, 2019). Therefore, one would expect that the work itself does not provide any new information to those who already know the original in English. That could not be less true. As we get to the bottom of this false impression, the review shows the many virtues and minor mistakes of the book.
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International and Regional Fight Against Climate Change and its Economic Impacts
84-98Views:177The climate change represents one of the greatest challenges nowadays. The United Nations Framework Convention on Climate Change and the Kyoto Protocol tried to attend the problem in international level. However the Kyoto Protocol’s first commitment period will be finished in 2012 and a new international framework needs to have been negotiated and ratified that can deliver the stringent emission reductions. When it will be contracted, the European Union defends against the climate change with regional instruments, like EU Emissions Trading System (ETS). The ETS tries to manage the problem by financial method.
The Copenhagen Accord declared that scientific view: the increase in global temperature should be below 2 degrees Celsius. The question is now, what the world and the EU should do for this goal. What is the expected global and EU emission in 2020? The EU has two kind of mitigation pledges: the 20% or 30% reduction. How EU achieves expectations and what kind of tools could help about this? The European Commission made several documents about this problem and the ways of mitigations.
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Economic Policy Cooperation in the European Union – Which Way to Go?
34-52Views:166during the realization of your dream obstacles may arise and they differentiates your choice – „which way to go?” there is an ongoing debate which way the eu should go. the eu has already reacted to the crisis – are these measures satisfactory? Which way the eu seems to choose? to be able to answer some of these questions preliminary studies are necessary. In order to identify the european union you must define the aim, the instruments of the aim, the characteristics, the defects and the changes of these instruments.
As a matter of fact nowadays the most vital topic is the stabilisation role of the EU. In view of governmental methods, coordinative and regulative governmental methods usually have more stabilisation effects in the EU than financial governmental method. Owing to the crisis, the coordinative and regulative governmental methods have undergone changes. The steps that were made by the EU in the field of financial governmental method are considerable – though further actions should be taken. The financial method with stabilisation function is insufficient. The EU budget cannot play stabilisation function because of limitation of EU revenues. If the EU holds on to the dream of economic and monetary union, the EU should strengthen the tools of economic governance to be able to reduce the shortcomings of one-armed economic governance not only at EU but also at Member State governmental level. Measures taken up until now show other way: they create the vision of a more multi-speed and „multi-way” process...
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Editorial
7-8Views:167The twenty-first issue of our journal is now in the hands of the esteemed Reader. Already at the start of the Pro Futuro, our editorial board set the goal of publishing issues in English from time to time. In 2019, we finally had the opportunity to do so.
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The Ecclesiastical Percentage(s)
62-79Views:95Church financing is a multiple system. One of its elements, introduced in 1997, consists of taxpayers’ offer which is a determined part of their personal income tax. The study examines the regulation of tax management from the perspective of taxpayers and beneficiaries. This method of financing has an important budgetary consequence, i.e. the budget completes the sum of the allocation of personal income tax for Churches to a specified extent. The study examines several contradictions with respect to the application of this financing method.
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The Purple Dignity, the Yellow Treason – Symbols and Rituals in
156-158Views:136Book review on Bódiné Beliznai Kinga's book, the title is "A bíbor méltóság, a sárga árulás. Szimbólumok és rituálék a jogtörténetben" (Balassi
Kiadó, Budapest, 2014.)
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Fairness in the Taxation System
52-66Views:135Studying the fairness of taxation is not separable from the general emergence of the social fairness, but some features of its own could be determined. In this paper I examined the problem of the fairness of taxation and drew up the details of the optimal tax system. One single chapter was devoted to the analysis of the relation between the notion of fairness and equity and another was devoted to the analysis of the question of sameness, which is necessary for the understanding of the fairness of taxation.
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Critical Remarks on the Acquittal of Vojislav Šešelj with regard to Instigation, Aiding and Abetting
97-109Views:119Vojislav Šešelj was acquitted by the International Criminal Tribunal for the former Yugoslavia on 31 March 2016. The Trial Chamber of the ICTY assessed evidence on the recruitment of volunteers (who later became perpetrators of international crimes), the defendant’s extremist, nationalistic and public hate speeches, and drew the conclusion that he is not responsible for war crimes or crimes against humanity. The present paper discusses gaps and mistakes appearing in the judgement from the point of view of two criminal liability concepts: instigation and aiding and abetting. After briefly summarizing the standards applied by the ICTY, the author presents a reassessment of the facts referring also to the major arguments of Judge Flavia Lattanzi (dissenting).
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The Transfer of Contract on the Basis of Statutory Provisions: Novation or Succession?
7-27Views:191In 2016, the Act CLXXVII of 2013 on the Transitional and Authorizing Provisions related to the Entry into Force of Act No. V of 2013 on the Civil Code (’Ptké.’) was amended, with questions of interpretation arising regarding the transfer of contract on the basis of statutory provisions. Therefore, after a short period of rest, the transfer of contract, the novation, and their relationship again became the focus of the attention of both legal scholars and practitioners. After a short introduction of the legal provisions on the transfer of contract, the amendment of 2016 and its reasons are reviewed. Then, both the controversies that emerged in the judicial practice and the answers given by the Hungarian Constitutional Court and the Curia are examined thoroughly.
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Legitimacy and Competency Issues regarding the Labor Unions and the Works Councils
65-80Views:157The study focuses on the separation of two classical institutions of collective labour law: the labour unions and the works councils. Traditionally, labour unions are associations intended to represent and protect the collective interests of workers; works councils are units that exercise the workers’ participation rights, and are mechanisms where the employees can influence the decisions of the employer at the workplace. The distribution of traditional union and works council authorities, however, is not that obvious, especially from a practical point of view. The study strives to highlight those areas where the unions and the works councils appear as opposing parties, especially focusing on works agreements with normative power, from a practical and an international comparative perspective, and to offer solutions de lege ferenda.