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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.