Search
Search Results
-
Groundwater protection in the light of a judgment of the Supreme Court of Hungary
178-191Views:253In the study the author analyses a judgment of the Supreme Court of Hungary, in which a progressive judicial interpretation is included concerning the obligation of fact-finding in connection with the protection of groundwaters. Before this, the author presents the legal doctrine regarding groundwater regulation. The regulation is not only drawn up on the national level, but also on the level of European Union. After the detailed presentation of the case, the author makes some conclusions.
-
Developing Blockchain-Based Distributed AI for Personal Data Protection
9-27Views:572The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making built on blockchain-based data processing in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. My hypothesis is that because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply with some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. For the sake of better understanding, I presented the human mind and its ‘uploading’ with conscious and unconscious content as an analogy to blockchain-based AI systems. My goal is to highlight that the fusion of blockchain and machine learning-based AI can be a suitable technology to develop serious automated decision-making systems (so-called ‘distributed AI’). The compliance of these distributed AI systems with data protection law principles is a key issue regarding the very serious risks posed by them.
-
The Transformation of Labour Law Litigation
162-176Views:279From the outset of labor litigation, both theoreticians and practitioners have been preoccupied with the question of what specific regulation this area of law – which has essentially additional elements of private law – requires in order to ensure fair treatment and proceedings for all participants. The aim of the present study is to show how labor litigation is evolving today, outlining the phenomena that have arisen due to the new labor and civil procedure codes.
-
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.
-
The Financial Supervisory Agencies of the European Union and the Question of the European Administrative Procedure
Views:230The agency-type organs have a history of several decades in the European Union. In the last few years there were two different tendencies leading towards the establishment of regulatory (or decentralised) agencies with strong powers, especially in the field of financial supervision. The first of these tendencies was the fall of the neoliberal dogma of the self-regulating market – as a consequence of the 2008 financial-economic crisis – which led to the priorities of the decision-makers being reset in favour of a stricter regulation than that of the New Public Management era. The other tendency was that the debate about a European administrative law started to live. The European Supervisory Authorities of the financial sector, which were established after the crisis, are regulatory agencies with strong powers. However, some of their competences are so strong, that it poses questions regarding the legal protection of the participants of the market. Moreover, the case-law related to their function seems to overwrite the accepted norms of delegation of competences within the institutional framework of the European Union.
-
Punishable Children
97-111Views:221In Hungary from the 1990s in line with the international tendencies a number of studies were published in the literature urging the reform of the criminal law dealing with juvenile crime. Simultaneously one can establish that among others due to the increasing criminal rate the reasoning for the reduction of the lower age limit of punishability to the age of 12 has started. During the codification process a number of arguments were given for and against the alteration of the age limit of punishability. However setting the lower age limit of punishability below fourteen can be found in the criminal law regulations of Hungary and also of other European countries. This paper examines the antecedents, reasons and possible amendments of the regulation of the new Criminal Code on the age of punishability.
-
Collective Wage Bargaining and the Related Challenges of Labour Law and Labour Relations Regarding Public Services Operated by Publicly Owned Companies
148-161Views:258In the case of state- and municipality-owned companies providing public services, the 2021 salary increase was settled with a six-monthly delay, which was manifested in three-year, so-called “income policy” agreements. However, for the purposes of this paper, the process became relevant mainly due to the aspect of labor relations and it also became suitable for a legal science analysis. During the course of this, within the available space limits, I discuss the process of salary negotiations (with its labor law content and consequences), the theoretical bases of the different collective labor law regulations regarding public assets, and finally, the newly emerging practical issues related to the strike rights regulation of this sector.
-
Fiscal Conditionality in EU Law
143-156Views:108This paper analyses the evolution, objectives, and instruments of fiscal conditionality legislation of the European Union. The author provides a detailed analysis of the relevant elements of the existing legislation, as well as the recent judgments of the Court of Justice of the European Union on the subject. The paper demonstrates that the Financial Conditionality Regulation is not an instrument for protecting the rule of law in general, but its general purpose is to protect the EU budget by enforcing the fundamental requirements deriving from the rule of law.
-
Past, Present and Future – Where is the restraining order Heading?
84-100Views:158Le législateur hongrois voulait un moyen efficace contre la violence familiale. Ce moyen est devenu l’injonction d’éloignement qui existe dans la procédure pénale hongroise depuis 2006 comme une mesure coercitive du code de procédure pénale et depuis 2009, comme une ordonnance référé. Cette étude souhait résumer la régime de l’injonction d’éloignement en Hongrie aux propositions initiatives des exigences, qui sont montrées par l’Union Européenne. À partir de 2004, on doit accorder une grande attention aux préceptes européennes parce que les règles européennes font partie de notre vie. On doit mentionner la Directive 2011/99/UE du Parlement Européen et du Conseil du 13 décembre 2011 relative à la décision de protection européenne et le Réglement 606/2013 du Parlement Européen et du Conseil, parce qu’ils déterminent la protection européenne en matière pénale et civilie aussi. L’étude est fermée par les propositions, pour améliorer l’efficacité de l’injonction d’éloignement et assurer une protection de plus haut niveau pour les victimes de la violence familiale. On ne peut pas éviter l’actualité des propositions, en considérant la codification du code de procédure pénale.
-
The Ecclesiastical Percentage(s)
62-79Views:117Church 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.
-
Digitization at Work: Expanding Horizons with Loopholes
61-80Views:483The focus of the study is on the emergence and spread of digitization in employment. In this context, the study presents the forms of work that use digitization. On the other hand, it describes the labour market effects of digitalization. The study looks in detail at how COVID-19 has changed the role of teleworking and the home office in employment. This is followed by the presentation of the Hungarian labour law regulation, which deals exclusively with telework. The study makes two proposals to address the codification gap. On the one hand, in connection with application-based work, the introduction of the status of a person with a similar legal status to an employee, which was regulated in the draft of the Labour Code. On the other hand, to impose employer obligations (retraining, job offers) in connection with the spread of automation and robotics in order to prevent dismissal.
-
Environmental Tax Harmonisation and Market-Oriented Legal Regulation in the Light of the CJEU Practice
95-117Views:199The subject of the present paper is the explanation and justification of environmental taxes in general terms and, in particular, the assessment of the recent european trends as well as the examination of the practice of the EU Court of Justice followed in this field. The paper considers ecotaxes as the means of fiscal policy that can be put into the service of green growth. For the time being, the enforcement of ecological policy is restricted in many aspects within the EU framework, being unilaterally subordinated to the requirement of free competition. For this reason, the EU law mechanisms of adjustment may get stuck in cases where intervention is not necessary in order to have more but, on the contrary, to have less freedom of market. Since it can be considered as obvious from the perspective of thermodynamic restraints that market imperfections cannot be precluded, the possible aim of intervention is certainly not the reconstruction of free trade, but the suspension of the laws of market. The political and legal basis for this is still missing in the European Union both in theory and practice what can be seen as a serious problem.
-
Regulatory Proposal of the Ombudsman for Future Generations
10-28Views:235The 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.
-
Goodbye Exequatur Proceeding
69-83Views:169Am 10. januar 2015 begann eine neue Zeitrechnung für das Zivilprozessrecht der Europäischen Union. Die Brüssel I. Verordnung (44/2001/EG) als wichtigste rechtsquelle wurde mit einer Neufassung (1215/2012/EU) abgelöst. Die neue Verordnung schaffte die Vollstreckbarerklärung (Exequatur) als zwischen der Anerkennung ausländischer Entscheidungen und derer Vollstreckung keilendes Verfahren ab, was in der Rechtsliteratur als Paradigmenwechsel bewertet wird. Aus diesem Anlaß stellt der Verfasser eine Bilanz auf. Ihre Abhandlung befasst sich mit der rechtlichen Natur der Vollstreckbarerklärung, mit der Anwendung der Verfahrensregeln in dem ungarischen Rechtsverkehr und widmet ein Kapitel den Argumenten und Gegenargumenten in Bezug auf die Abschaffung der Vollstreckbarerklärung.
-
Public Hearing as a Safeguard of Fair Trial in Criminal Proceedings
46-61Views:186The 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.
-
The Role of the Local Goverments in the Changed System of Environmental Public Administration
79-93Views:211This study investigates the transformation of environmental protection as a specialized administrative duty in Hungary, with special attention on the (changing) roles of local self-governments in this area. Following the outline of the general correlations within the topic, the study inspects several individual administrative fields, with attention given to the relationship with environmental protection policies. Our plan is to extend this analysis in the future, in hopes of covering additional specialised administrative areas as well. Our firm opinion is that the solutions provided by the sectorial approach inherent in our administrative system proved to be ineffective insolving today’s global issues. To ensure an effective environmental protection strategy, the organizations of public administration must be involved with larger roles assigned to them. Although the methods of regulation in this area are diverse, the most widespread approach proves to be the direct administrative intervention, even nowadays.
-
Editorial
7-9Views:190The twenty-third issue of our journal aims to examine the environmental liability regulation in Hungary. Already at the start of Pro Futuro, our editorial board set the goal of publishing thematic issues from time to time. In 2020, we finally had the opportunity to do so. This issue is the result of a collaboration with Hungary’s Ombudsman for Future Generations.
-
Legal interpretation issues regarding the status of the trade unions
79-95Views:681The unique purpose and role of trade unions is the protection of the employees’ social and economic interests. As compared to the previous concept, the applicable labour code introduced a conceptually new approach with respect to collective labour law, including the purpose of trade unions, reducing the trade unions’ rights to such a minimum level which shall be generally granted for a civil organization operating in the interest of a certain purpose. In my study, some legal interpretation questions –without the ambition to be exhaustive – that arise in practice come under analysis, which highlight in a crystal clear manner the question as to what sort of practical issues are raised and interpretation possibilities are opened by certain items of the Hungarian labour law regulation in connection with the legal status of the trade unions and the exercise of their rights.
-
Data Protection Requirements in the Relationship between Temporary-work Agency and User Undertaking
70-82Views:169In temporary agency work the relationship between the temporary work agency and the user-undertaking is often not adequately or correctly understood in the context of the processing of personal data. This leads to a deterioration of protection of personal data as well as labour market rights and obligations. The purpose of this study is to explore when we can speak about a controller- processor, a joint controller or a controller- controller relationship, which will clarify who has to implement appropriate technical and organisational measures to ensure and to be able to demonstrate that the processing is performed in accordance with the Regulation.
-
Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice
123-138Views:344This paper emphasizes one of the most important questions of equal treatment that is the reversed burden of proof and aspects of the special sharing of burden of proof. The hypothesis of the paper is the following: although the Hungarian regulation follows the relevant directives of the European Union properly, the legal practice does not focus on victim protection to the expected level. The legal practice of the Equal Treatment Authority and the Supreme Court (Curia) of Hungary are both analysed, therefore the different approaches can be confronted. The paper provides de lege ferenda proposals mainly in connection with the unification of the Hungarian judicial practice.
-
Is the Implementation of Home Office Legally Feasible? The Criteria for Home Office and its Framework Within Employment Law
59-82Views:1275The year of 2020 was the challenge of “home office”. Although, the publicity uses the term of “home office” as the legal construction of working from home, this approach is misleading. Moreover, the Hungarian Labour Code does not contain any regulation about “home office”, while this legal source embraces two other methods in connection to work from home. These legal institutes are the teleworking and the legal relationship of outworkers. The problem with the aforementioned legal institutes is that the parties must take into account several rules and must apply these solutions regularly, on a permanent basis. However according to the legal literature, the “home office” is created by the economic and human resource management practice of the employers, where they intend to employ the workers mainly at home irregularly, on an ad-hoc basis. At the same time, “home office” does not have a legal framework in the Hungarian Labour Code, therefore the legal literature has been trying to find a real solution for this employment method in the general norms of the Labour Code. In the following article we are going to use the home office definition of the literatures and highlight the background legal institutes and concepts of this working method. Although we are going to set our opinion about which legal institute may be applicable in this sense, in the conclusion we are going to emphasise that legislation and rules regarding “home office” are indispensable.
-
Changes of substantive and procedural law concerning the register of non-governmental organizations
148-163Views:146Provisions 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.
-
Technology in Legal Regulation’s Service? Efforts in the Field of Data Protection
33-45Views:211The interaction between technology and data protection is quite well-known and widely accepted in the legal literature concerning privacy protection. This essay tries to sum up the efforts to line up the technology itself to defend one’s privacy, often threated by technological development. The essay first shows the relevance of the Privacy Enhancing Technologies (PETs), and the basic concept of the Privacy by Design principle, and then analyses both the current and the proposed European legal regulation focusing on these issues.
-
Certain Data Protection Issues of Innovations Affecting the Insurance Business in the Light of the GDPR
62-83Views:144Technological 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 new Civil Procedure Code – from order for Payment Perspective
94-113Views:126The 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.