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Public Procurement Issues in the Field of Environmental Liability
175-188Views:175In 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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Collection of Annotated Bibliographies (2010. Nr. 1)
146-173Views:103An 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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The Temporal Scope of the German Criminal Code
149-172Views:342The 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:238The 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:201Although 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:194Intensive 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:292In 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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Trends, Directions, Legislative Efforts: the Abolition of the Civil Servant Status
179-195Views:121One 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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Collection of Annotated Bibliographies (2010. Nr. 2)
105-138Views:115An 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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The Role of Non-Governmental Organisations in the Enforcement of Environmental Liability
113-127Views:266Public 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:138An 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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The Future of International Environmental Law
139-145Views:91Book review on The Future of International Environmental Law, szerk.: David Leary és Balakrishna Pisupati, 2010, Tokió, United Nations University
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Collection of Annotated Bibliographies (2011. Nr. 2)
137-190Views:160An 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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Aspects and consequences of the Kingdom of England’s legislative regimes regarding the Hanseatic League, the Dutch Republic and Scotland
68-77Views:226The article surveys elements of the Kingdom of England’s relations with the Hanseatic League, the Dutch Republic and Scotland throughout certain periods of history. There is a particular focus on legal measures and regulations adopted by England with regards to the traders of the Hanseatic League in the 14th and 15th centuries and Dutch traders in the 17th century. In relation to Scotland, there is an overview of how restrictions enacted by England helped to contribute in part to the Union of 1707, and of some consequences which followed on from this important historical development. The study can be said to be of interest in terms of certain developments taking place in Europe at the present time.
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Recent Developments in Labour Law Liability
145-155Views:151This article is about the new labour law regulation (Act 2012/1.) in the field of liability for damages.
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Legal position of the roma minority under International and European Law : Thoughts on the monograph of Anikó Szalai
166-170Views:155Book review on Aniko Szalai's book, the title is Protection of the Roma Minority under International and European Law. (Eleven International Publishing, the Hague, 2015.)
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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:301The 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.
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Historical Salvage as Investment: The Effect of an ICSID Judgment on Two Legal Areas
101-110Views:99In 2007 the ICSID concluded that MHS’s contract with Malaysia to undertake complex salvage operations considered investment even if it had not significantly contributed to Malaysia’s economic development thus failed to fall within the scope of the former interpretation of the notion of investment. This decision is significant in the sphere of international investment law as it synthesizes the former practice of the ICSID concerning the definition and conceptual elements of the notion of ’investment’. Besides, the Diana case serves for the enlargement of salvage law; however it can- not be defined as a classical source of law. It gives a new way to legal protection for salvage activity thus it contributes to the orientation in the chaotic mass of mainly customary rules related to shipwreck salvaging.
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A Missed Opportunity: the Judgement of the International Court of Justice on the Environmental Related Legal Dispute of Costa Rica and Nicaragua
181-199Views:375This article introduces and evaluates the judgment of the International Court of Justice (ICJ) regarding the case concerning certain activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) proceedings joined with construction of a road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica) from an environmental point of view. The case was one of the latest environmental related affairs before the ICJ and the Hungarian literature had been looking forward with great expectation regarding the Court’s award. The conclusion of this essay is that in spite of the nature of the dispute, the symmetry of the conflict and the constant need for the improvement of the general international environmental law, the ICJ missed the opportunity to develop international environmental customary law and the case will stay in the shadow of the ICJ’s previous judgement on Pulp Mills on the River Uruguay.
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Some Labour Law Aspects of Psychological Contract Theory
50-69Views:201The aim of this paper is to present the central-topics of psychological contract theory, focusing on the relevant labour law contexts. The main research method used is an examination of relevant studies, articles and monographs on the topic, a secondary analysis of empirical research data systematically compiled by the authors, and an exploration of the main labour law aspects and contexts. The difference between an employment contract and a psychological contract is that while the former is a written, legally binding contract, the latter is a theoretical, abstract construct that contains the mutual and implicit expectations of the parties. A psychological contract therefore falls into the category of "extra-legal" contracts, but in certain cases, especially in the event of breach of contract, it may have legal relevance.
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Withdrawal from the European Union: Article 50 TEU and Brexit
97-117Views:450The unilateral right of a member state to withdraw from the EU is an entirely new feature of EU Law introduced by the Lisbon Treaty. The practical application of the withdrawal clause was placed on the agenda as a result of the 23 June 2016 Brexit- referendum in the UK. The exit raises some non-legal and legal, theoretical and practical issues which – as we are talking about an unprecedented event – have to be elaborated on now. The paper analyzes Article 50 TEU by analytical methods, summarizing the incomplete frameworks, the main procedural rules, and those issues that require the interpretation of the Court of Justice of the European Union. The paper aims to highlight the points of the withdrawal clause that have interpretative gaps, which might not have been unintentionally left by the EU legislator.
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The Continuation of the Employment Contract or the Development of a New Contract?
12-28Views:188Labor law has not been able to dispose of the shackles of the locatio conductio for a long time; the system of traditional labor law was built on this contract. However, new forms of employment are beginning to break down this structure. Outsourcing and employment by digital platforms have broken the dominance of the employment contract and the contractual structure is shifting towards private law. The study seeks to answer the question of what all this means in terms of protecting the worker and the responsibility of the employer. Finally, does the theory of the personal employment contract offer a solution?
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Review of the Book “Posted Workers in EU and Hungarian Law” by Gábor Kártyás
209-220Views:79In today’s globalized labour law, where borders, especially within the European Union, seem to be increasingly blurred, cross-border situations are becoming more common. Due to digitalisation and technology, which is evolving at a rapid pace especially in the present situation, working abroad can now be carried out without the worker actually moving away from his desk, namely not physically entering another country. In view of this, the topicality and exciting nature of the processed topic can hardly be questioned. Following a holistic approach, the reviewed book guides the readers with unique detail and provides them with a sure point of reference on the swampy ground of the posting, which is surrounded by many challenges and conflicts of interests. In our review, we will describe and evaluate the content of the monograph along these sure points of reference.
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The Concept of the Right to Food in Public International Law
86-99Views:155According to the Food and Agriculture Organization of the United Nations (FAO), at least 868 million people are undernourished nowadays. Combating against hunger and malnutrition shall not only be a moral duty, but a legally binding human rights obligation. The right to food is recognized firstly within the text of the Universal Declaration of Human Rights adopted in 1948, as part of the right to an adequate standard of living, however nowadays it is considered to be a substantive right. This study deals with the key aspects of the right to adequate food in public international law, including its definition, content and enforcement, as well.
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Collection of Annotated Bibliographies (2013. Nr. 1)
159-239Views:139An 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 2013.