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One step back. The Hungarian Constitutional Court’s decision about the Liability of Commenting on the Internet
142-150Views:188Restrictions on the freedom of expression have been subject to mixed and constant debates. The debates are increasing in the case of free speech on the internet. In the recent past the Hungarian Constitutional Court had to examine this problem and contribute to the discourse. This article presents decision 19/2014 of the Hungarian Constitutional Court concerning the freedom of expression on the internet. The subject-matter of the case was the liability for the comments. The study intends to show the arguable points of the Court’s reasoning.
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Facebook files – is Hate Speech Deleted? The Human Rights As- pects of Content Control of Social Media Platforms
115-136Views:488The internet intermediaries, such as services like Google and Facebook became important actors who can influence the media supply through the personalised information flow tailored by their own algorithms and due to the content moderation of their own platforms. These services have exceeded their previous activities which were merely of an intermediary scope and this change affects substantially the fulfilment of international human rights standards. The article analysed first and foremost the operation of the internet intermediaries, especially of the social media platforms from the freedom of expression point of view. It seeks answers to the question to what extent does the moderation of the user generated content on the platforms, i.e. removing and blocking contents which do not comply with the terms and conditions of the platforms, comply with the requirements of the restriction of human rights. Based on the analysis of Facebook’s own regulatory framework, it evaluates content moderation activity on hate speech on the platform in the context of human rights. It points out the guarantees of human rights which are missing from the content control mechanisms of Facebook.
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The Criminal Provisions of the DDoS Attacks in the United States, Eu- rope and Hungary
66-83Views:350The Internet offers an opportunity to launch y wide range of cyberattacks such as Distributed Denial of Service (DDoS) attack, which exploits the vulnerabilities of the system network without access. DDoS attacks continue to grow in intensity and complexity. Due to the Crime-as-a-Service business model and online criminal markets DDoS attacks have become accessible to anyone willing to pay for such services. It can be launched easily, although it may cause serious social and economic damage. The aim of this paper to present the criminal provisions of the DDoS attack in the United States, Europe and Hungary.
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Environmental Mediation in Germany
60-77Views:152It has always been a difficult question for the State to ensure effective decision-making processes for instances where public participation is considered to be a requirement. This question might be even more essential when it comes to disputes concerning large-scale projects with environmental impact. When the public is affected by such project, the contractor must be really prudent, otherwise high number of litigation may be initiated afterwards. The very special form of mediation, the so-called environmental mediation may offer a solution to this problem, by allowing all participants to meet and discuss every crucial issues related to projects described above. It is also important to emphasize that not the same requirements apply to environmental mediation and to other civil law related mediation procedures. The aim of environmental mediation would not be less than to improve the quality of public bodies’ decisions.
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Protection of Marriage and Family in Central Europe
7-31Views:256It is no exaggeration to say that family plays a prominent role in our daily lives. This study therefore examines the constitutional and family law foundations of family protection in seven Central European countries. The study describes, among other things, the nature of family law legislation, the conceptual approach to family and marriage, the legal protection and solution of extramarital partnerships, such as de facto partnerships and registered partnerships, and the status of children in the countries studied.
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Water Law – Current Challenges
163-167Views:146Book review on the Book of Szilágyi János Ede, the title is Vízjog: Aktuális kihívások a vizek jogi szabályozásában.
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The right to strike in the case-law of the ECtHR
115-133Views:240The right to strike has been long recognized as an important labour right in the European countries protected by constitutions and international conventions on labour and social rights. However, these international conventions mainly contain mere declarations to only pursue the right to strike and do not have an effective protection mechanism. Nevertheless, in the last few decades a human rights perspective on labour law gained ground and thus international organizations and international courts started to derive labour rights like the right to strike from civil and political rights and therefore some of these labour rights enjoy the same level of protection as the first generation human rights. In its recent judgements, the European Court of Human Rights stated that the right to strike is protected under Article 11 of the European Convention on Human Rights and developed a case law on the requirements of a lawful strike action, secondary strike actions and the restrictions of the right to strike.
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Legitimacy and Competency Issues regarding the Labor Unions and the Works Councils
65-80Views:177The 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.
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The Relationship Between Psychoactive Substance Users and Animals
Views:11The 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.
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Digitization at Work: Expanding Horizons with Loopholes
61-80Views:461The 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.
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Is the New Regulation Justified? Applicability of the New Rules of Self-defense in Case-law
129-147Views:285In the history of the regulation of self-defense, Act C of 2012 has resulted in the most substantial change. The greatest innovation in the act is the introduction of the situational self-defense, which creates an irrebuttable presumption that the unlawful attacks carried out under certain circumstances shall be considered as attacks against life. The new regulation has been criticized a lot, mostly because there are fears that the new rules of law will be misused. Through the case-law of the Supreme Court relating to self-defense in the last ten years, this study intends to reveal whether it was justified to include the situational self-defense in the new law or whether the concerns in connection with situational self-defense can be considered legitimate.
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Symbolic Legislation in Criminal Law
173-189Views:269The study makes efforts to analyse the concept of symbolic legislation, particularly the question of the symbolic criminal law. In the first part of the paper, the author discusses the issues of international (German) literature which relates to the problem of symbolic criminal law. The second part contains the Hungarian theoretical standpoints from which the author draws the conclusion that the concept of symbolic criminal law can be interpreted in multiple ways. Symbolic criminal law is described by some scholars as a critique of the legislature, however according to other opinions – which are the focus of this essay – the concept of symbolic criminal law has a positive meaning which includes the viewpoint that the legislator tries to turn the attention of society to the obligation of saving the general ethical values, and on the other side, it emphasizes the high-priority values set by the legislator in actual social-political situations