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Personal and Organizational Framework for the Activities of the Defence Counsel in Hungary
79-88Views:119In the Hungarian system of criminal procedure, several participants of the proceeding may provide activities aiming at the defence of the defendant (e.g. the prosecutor or even the defendant himself). My dissertation, however, shall focus on the activities of the defender based on delegation or recorded Power of Attorneys given, in consideration of the fact that almost without exception this personal group act as advocates in criminal procedures, furthermore, solely lawyers have the expertise necessary for the defence, and the “equality of arms” principle may only succeed completely through them.
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The Relationship Between Psychoactive Substance Users and Animals
Views:30The 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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The Legal Status of Victims of Sexual Violence in International, European Union and Domestic Law
Views:113The study describes the concept and the legal status of the victim of sexual violence in view of the fact that the definition of victim in criminal procedure law is not the same as the broader definition of victim used in criminology at domestic or international levels. The Me Too movement drew attention to a problem in 2017 that is still waiting to be solved years later: preventing and eradicating violence against women, as well as making the role of the victims during procedure and their legal options more effective. A brief, overview categorization of this legal situation shows what emerging tendencies can be discovered in the European Union’s legislative process nowadays, and based on these, what the problematic areas are in domestic law where change is needed.
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Human Rights as Fundamental Sources of Patients’ Rights in Light of the Development of Hungarian and German Laws
157-168Views:267Medical practice affects human life and health, which are not just some of the key social values, but actually express the existence of a human being. Therefore, it is a requirement to set the legal standards to guarantee the preservation and respect of human rights during medical treatment. Patients’ rights provide specific types of human rights in the area of patient care. The German legal system grants the preservation of these rights in a contractual framework that cannot be breached. In Hungary, patients’ rights are listed in the Public Health Act. Despite the diverse methods in regulating patients’ rights, the underlying public policy considerations are the same in both systems. The goal of this study is to provide a comparative analysis on the development of the German and the Hungarian regulation of patients’ rights focusing on the consideration of human rights.
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The Client and Authority Proceedings in the Digital Era
74-101Views:195The study examines the digital transformation of Hungarian administrative procedure and the advance of automation. Based on statistical data, the study highlights that in connection with digital public administration procedures, the importance of customer-focused services appears as the standard of digital public administration. Digitalization is dominated by electronic contact options, online information and submission of electronic requests, rather than complete automation of administrative procedures. The study focuses on digital authority procedures from the point of view of how this manifests itself primarily for the client: how to satisfy the need for information, how to contact the authorities and how to initiate the procedure. In addition to the legal bases, this part primarily focuses on the possibilities. After that, the consequences of digital solutions (automation) for making substantive decisions from the customer's point of view are discussed; this part of the study therefore concentrates more on the normative side of the processes and finally analyzes this. As a result, it states that automatic decision-making is mainly used in case of registrative acts based on official records and decisions embodied in decision-type documents, but there are already examples of the automation of the decision-making mechanism in connection with the production of facts. Although more complex automation is just spreading its wings, in connection with the rapid technical development and innovations of recent years, the legal system must keep up with digitalization and not give in to it.
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Expanding Zoo? Judgments of the EU Court of Justice on Participation of Slovakian NGOs in Environmental Administrative Proceedings
118-131Views:167The Aarhus Convention guarantees access to information, public participation and access to justice in environmental matters. The Convention as a so-called mixed-agreement has been ratified by the EU as well as by its Member States. The Convention-related case-law of the Court of Justice of the EU (CJEU) especially relating to Slovakia (see, C-240/09 – Slovak bears, C-243/15 – Slovak deers) shows that the Court has broadened the locus standi of NGOs before national courts using them in order to facilitate the enforcement of EU law. The activism followed by the Court in these judgements could be considered as environmental-specific expression of the objective of broader law enforcement before national courts. However it depends on national courts whether this kind of CJEU judgments could acquire cross-border relevance by their application of national judges. "A mű a KÖFOP-2.1.2-VEKOP-15-2016-00001 azonosítószámú, _ „A jó kormányzást megalapozó közszolgálat-fejlesztés”_ elnevezésű kiemelt projekt keretében működtetett Ludovika Kutatócsoport keretében, a Nemzeti Közszolgálati Egyetem felkérésére készült."
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The Types of Government-Organized Non-Governmental Organizations: The GONGO Phenomenon
141-158Views:251My study describes the conceptual dividing lines and differences between one of the most important actors in civil society, the non-governmental organizations (NGOs) and government-organized non-governmental organizations (GONGOs). Furthermore, it classifies the different types of GONGOs (professional, diffuse, “democratizing”, “lobby”). Following the classification, it becomes clear that to various degrees, the different types of GONGOs are excellent tools in the hands of governments to reshape the structure of the civil society which articulates critical views of the government.
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The Problem of Defining Criminal Norms Precisely. The „Clarity of Norms” Doctrine in the Decisions of the Hungarian Constitutional Court and in Judicial Practice
37-59Views:358The principles of legality in criminal law determine numerous requirements both for the legislator creating criminal statutes and for judges as well who decide criminal cases. One of the most important demands of legality is the principle of maximum certainty according to which the state must establish a system of criminal law in which the wording of the statutes are clear, precise and understandable for the citizens; and judges are able to interpret criminal rules without making arbitrary decisions. In the Hungarian legal system the demands of maximum certainty are represented by the principle of nullum crimen sine lege. This principle is called the „clarity of norms” doctrine in the practice of the Constitutional Court of Hungary (HCC) which is entitled to strike down criminal statutes which do not meet its requirements. The aim of this paper is to argue for the claim that the „clarity of norms doctrine” and the concept of certainty in criminal law is based mostly on considerations about the plain meaning of words and texts and lack a coherent theoretical background in the decisions of the HCC and in judicial practice as well. The author offers a more complex and coherent conception of certainty stating that its requirements relate not only to linguistic considerations but also to thinking over the moral and political values of criminal law as well.
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Limits of Environmental Liability: Summary of the Guest Editor
189-198Views:207This summary is an attempt to demonstrate that despite all the differences in how limits of environmental liability are perceived by the authors of this special issue due to different approaches to environmental liability, a common framework can nevertheless be drawn encompassing them all. Each article of the special issue elaborates some of the aspects of the concept of environmental liability. Despite the differences in the evaluation and assessment by the authors of the role of stakeholders and of the facts having an impact on the concept of environmental liability, it is shown that all of them are analysing the very same subject. The apparent differences are due to the different contexts in which environmental liability is examined and evaluated. Thus, the summary underlines that there is a need for system thinking related to environmental liability.
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Some Issues in Treating the Changes of Circumstances under English Law
25-44Views:216All legal systems have their own solution for the treatment of the essential change of circumstance subsequent to the conclusion of the contract. Some of them allow for the judicial amendment of the contract, if the conditions of the clausula rebus sic stantibus are fulfilled. There are other states, where the possibility to modify the contract by judicial act in case of an essential change of circumstances subsequent to the contract conclusion has only recently been recognised by the national legislation. In the following, it is to be reviewed how and by what means and models English law treats those changes of circumstances which occur after the conclusion of the contract and significantly reshape the contractual relationships.
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Collective Agreement’s Status in Law
Views:581The collective agreement is a Janus-faced legal phenomenon. From one side it has the nature of a contractual relationship where the parties have the right to determine the content of the contract, also including the choice itself, whether they establish it or not. On the other hand, the collective agreement acts as a legal norm as well. From this aspect its regulations are also obligatory for those persons who were not involved during the set-up process, or even for those who disagrees with some parts of the document. Therefore it is a crucial question in labour law as to how these contracts are handled by law. The Hungarian Labour Code came into force in 2012 contained an approach in which the legislator wanted to empower the legal status of collective agreement. To achieve this goal, in some parts the Act gives the parties the possibility to deviate from the law and to customize the norms in order to make it fit their current relationship. In this paper I examine the nature of the Collective Agreement and show its specialities in the Hungarian legal environment.