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In Contrast: Responsibility for Environment and Regulation in Finance
128-155Views:244The more environmental policy comes into the focus of fiscal policies of governments, the more prevailing are the interests in it influencing the governance as a whole. In the context of the European Union, the governmental role of the Member States’ increased less for initiating the (often invoked) environmental protection but such an increase is rather an end in itself. The responsibility for environment seems to represent the bright side, while the reality of financial regulations shows the dark side of government priorities.
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Kelet és Nyugat között: Örményország és Szerbia az európai és eurázsiai integrációban
96-106Views:327Kelet-Európában megfigyelhető, hogy egyes államok két jelentős regionális integrációs szervezettel is kapcsolatok kiépítésére törekednek: az Európai Unióval és az Eurázsiai Gazdasági Unióval. A két szervezet bizonyos értelemben egymás versenytársa, ugyanis mindkettő igyekszik saját szervezetét vonzóvá tenni az érintett államok számára. Vannak azonban olyan kelet-európai államok, amelyek elköteleződnek amellett, hogy az egyik szervezettel mélyebb együttműködést alakítsanak ki, ugyanakkor megpróbálják a másikkal is fenntartani, sőt akár szorosabbra fűzni kapcsolataikat. Jelen tanulmány célja, hogy ezeket a folyamatokat Örményország és Szerbia példáján mutassa be.
Örményország teljes jogú tagként csatlakozott az Eurázsiai Gazdasági Unióhoz, ugyanakkor az Európai Unióval is kapcsolatokat épített ki: 2017-ben átfogó és megerősített partnerségi megállapodást kötöttek. Szerbia ezzel szemben az Európai Unió tagjelölt állama, amely már megkezdte a csatlakozási tárgyalásokat is. Emellett azonban fenntartja szoros kapcsolatait az Eurázsiai Gazdasági Unióval olyannyira, hogy egy szabadkereskedelmi megállapodásról folynak köztük a tárgyalások. Mindkét államra igaz tehát, hogy eredetileg egyértelműen elköteleződtek valamelyik regionális integrációs szervezet irányába, ugyanakkor a másik szervezettel is a kapcsolatok mélyítésére törekednek. Jelen tanulmány e kapcsolatok alakulását tekinti át, bemutatva az Eurázsiai Gazdasági Unió létrejöttét és intézményi sajátosságait is.
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Problems of textual empiricism
126-139Views:111In this paper the authors make some critical comments on Blutman László’s legal methodology. They argue for the claim that legal cases cannot be solved by applying the methods of natural sciences. Law is an interpretive social practice, therefore legal texts can have more than one equally justifiable interpretation which can be in conflict with each other. Correct legal decisions, especially in hard cases, are the result of resorting to the justifying principles and purposes of law and cannot be achieved by using ‘textual empiricism’ as a legal methodology.
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The Importance of the Wage Guarantee Fund in the Framework of Labour Law Protection
177-192Views:173Act LXVI of 1994 on the Wage Guarantee Fund and the guarantee system regulated by it, is especially topical nowadays, as more and more employers in Hungary have become insolvent in connection with the crisis caused by the coronavirus epidemic. In many cases, the employers subject to the procedure are not able to meet their wage obligations to their employees, so the state must guarantee the values that can be expressed in exact monetary terms – the work performed and its financial compensation – and at the same time the social security of employees. In the present study, we examine the applicability of the Wage Guarantee Fund, which serves to cover the wages to be paid by insolvent employers, from the perspective of the social security and the enforcement of employees’ claims.
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The Transformation of Labour Law Litigation
162-176Views:248From 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.
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Effective and Actual? Analysis of Employment-Related Directives in the Legal Practice of the Curia of Hungary Regarding the Enforcement of Workers’ Rights
193-216Views:198In view of the special nature of the employment relationship, subordination of the parties results in a weaker legal position on the employees’ side. Certain guarantees of protection are absolutely necessary to compensate for this asymmetry, thus, among other things, the effectiveness of employees’ enforcement plays a key role. This is why our research seeks to answer the question whether some crucial employment-related directives of the European Union, as well as the broader European Union legal corpus also including legal practice. Furthermore we try to find the answer to the question that, how do these legal sources appear in the domestic legal practice, primarily in the relevant judgments of the Curia of Hungary, and the extent to which these references facilitate the effective enforcement of the workers’ rights.
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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:1130The 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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The recruitment of Law Students and Some elements of their Image of Profession
11-37Views:132In our treatise we have undertaken to characterize the speciality of strain of law students and some elements of their image of profession. The legalists traditionally occupy a middle-class position in the modern societies. Their high state and prestige succeed also profession-order characters that frequently go hand in hand with “natality order” procurer prestige.
From the possible components of the image of profession we examined three main topics. Firstly the motives of profession-selection, secondly the patterns of finding a job, and thirdly the main expectations on legal teaching. Generally, law students and graduates also have a strong linkage to
the fact that, not only the diploma, but the profession itself has a powerful charm. The patterns of finding a job show that graduates frequently occupy lower positions, than they expected. -
Specialities of Collective Labour Disputes
217-232Views:141We are currently living in a period when technological, economic and other changes fundamentally influence the nature of legal relationships. There is no difference in the labour law palette, as atypical employment is gaining ground in law enforcement circles. In our view, this development cannot be derived solely on substantive law, but should also be presented at the level of litigation and, where appropriate, ADR procedures. Perhaps it is somewhat ironic that it is precisely the collective labour dispute, which is not popular in Hungarian civil society litigation law, in which the emergence of innovative dispute resolution methods can be observed from time to time. Therefore, our work primarily examines the extrajudicial practice of collective dispute resolution, complemented by the solutions used in the legal systems of some countries less researched by the domestic labour law environment. Our aim is to highlight the potential of ADR methods in collective disputes and to explore new, unknown opportunities for domestic law enforcement.
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Advertising Bans in the Internal Market: Limits of State Competence on the Example of the Advertising Ban on Foreign Gambling in Hungary
12-23Views:188Die ungarischen Werbebeschränkungen für Glücksspiel-Dienstleistungen aus anderen Mitgliedstaaten der EU sind nicht mit den Vorgaben aus dem Unionsrecht vereinbar und können daher aufgrund des Vorrangs des Unionsrechts den Werbenden nicht entgegengehalten werden, die sich auf die Freiheit der Dienstleistungserbringung nach Art. 56 AEUV berufen können. Entsprechend der ständigen Rechtsprechung des EuGH erstreckt sich die Vorrangwirkung auch auf Strafbestimmungen, die an unionsrechtswidrige Normen anknüpfen. Die Unanwendbarkeit der unionsrechtswidrigen Bestimmungen bezieht sich nicht nur auf den in einem anderen Mitgliedstaat ansässigen Dienstleistungserbringer, sondern auch auf die inländischen Werbepartner.
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PhD Studies in Law in Hungary–Difficulties and Possibilities (Before the 9th Academic Year of Géza Marton Doctoral School of Legal Studies)
38-53Views:103In this study the authors (Gábor Kecskés as the secretary of Doctoral School of Legal Studies at István Széchenyi University and Sándor Szemesi as the secretary of Géza Marton Doctoral School of Legal Studies at Debrecen University) examine the legal framework concerning doctoral schools of legal studies in Hungary as well as the specialties (and realities) of Géza Marton Doctoral School at Debrecen University. One of the main purposes of this article is to salute the beginning of the 100th academic year at Debrecen University, additionally the article tries to introduce how doctoral schools can fulfil the continuously changing (more precisely, tightening) requirements of the Hungarian Accreditation Committee, taking into consideration the unwritten expectations as well as the general interests of the host universities and the doctoral school itself.
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Collection of Annotated Bibliographies (2016. Nr. 2)
113-146Views:191An 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 2016.
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Imposing Punishments in Practice: The Practice of Imposing Sentences on Drink Driving Based on File Research
114-132Views:191I researched the practice of imposing punishments on drink driving in the area of authority of the Court of Debrecen, as a major part of a comprehensive study of the imposition of sentences. The main aim of the research was to collect data about the imposition practice regarding offences which are committed en masse, and result in uncomplicated judgements. Another aim was to study how detailed was the exploration of the factors concerning the personality of the offender, and to what extent the judge could take into account such information during the individualised imposition process. This study describes the results of the file research, primarily focusing on the observations regarding the imposition of certain types of sanctions.
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New routes, new tools for the legal regulation of the labour market? Comments on the monograph of Attila Kun
157-165Views:167Book review on Attila Kun's book, the title is "A munkajogi megfelelés ösztönzésének újszerű jogi eszközei" Károli Gáspár Református Egyetem, L’Harmattan Kiadó, Budapest, 2014.)
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Water Law – Current Challenges
163-167Views:124Book review on the Book of Szilágyi János Ede, the title is Vízjog: Aktuális kihívások a vizek jogi szabályozásában.
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Editorial
7-8Views:126In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions (annotations). In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.
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The Types of Government-Organized Non-Governmental Organizations: The GONGO Phenomenon
141-158Views:188My 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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Collection of Annotated Bibliographies (2015. Nr. 1)
163-212Views:194An 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 2015.
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Determining the Period of Criminal Legal Limitation
99-113Views:289In 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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Editorial
Views:163In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions (annotations). In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.
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Law and Artificial Intelligence: New character, old solutions? (Thoughts on the book of Jacob Turner)
137-145Views:453Artificial Intelligence (AI) is one of the biggest, if not the biggest, buzzwords of the recent times. While the term was created in the 1950s, until recent times it was the domain of sci-fi writers, who tried to explore its impact on society and humanity. The recent breakthroughs in AI technology and the spread of AI based services created the need for lawmakers and legal scholars to try and tackle the problems that AI creates. Although there are a lot of publications in this area, the book from Jacob Turner stands out in the field. The author has researched the subject very well, and using this knowledge he asks and answers not only the most frequent questions, but also those questions that belong to the foundation of AI and law, and which are often overlooked. This review aims to present these questions and answers to the Hungarian public in a shorter form.
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The EU Energy Efficiency Directive (EED) from an Environmental Law Perspective
63-87Views:227This paper will focus on the 2012/27/EU Energy Efficiency Directive (EED). Since the EED is a rather new legal act, its assessment from an environmental law perspective has been neglected in academic literature. Therefore, the next question automatically arises: does the new directive take steps to improve the EU regulations concerning energy efficiency? The EED undoubtedly took a step forward by providing legally binding frameworks for the reduction of energy consumption (instead of the previous political and non-binding energy efficiency goals) and has done this in an absolute way, which is the most important requirement from an ecological point of view. Beyond the special targets of the EED, there are several specific requirements that may play a significant role in the realisation of the EED’s targets. Among these, for instance the following is highlighted in this paper: establishing energy efficiency obligation schemes or adopting alternative policy measures; the 3% commitment of renovation regarding central government buildings; the obligation of energy audits regarding enterprises that are not small or medium-sized, etc. This paper concludes that, despite a few provisions of the directive meeting the ecological requirements, in reality, the regulation misses theoretical ground.
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Is This the Way Labour Law Should Protect the Employee? Review of György Kiss’s New Book
203-212Views:151Our review is about György Kiss's book, its title being Employment Flexibility and the Protection of Employee Status (A Possible Approach to Examining the Content of the Employment Relationship). The work raises the question of the future of labour law regulation, using the results and findings of the past. After describing the roots of Roman law, we can learn about the development of the current form of labour law through the development of the Germanic, Francophone and Anglo-Saxon legal systems. In addition to the historical view, the dogmatic foundations are also outlined in the work, so the content processing of the employment contract takes place on several levels before the author discusses the labour law applicability of the relational contract theory he raises. The description of all these bases makes the work suitable for those interested in labour law to better understand the contractual theories of different legal systems. We want to give an insight into this in the review, so that in addition to presenting the work, our own personal views and opinions will also appear.
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Collection of Annotated Bibliographies (2014. Nr. 2)
261-324Views:114An 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 2014.
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The Basic Thesis of the State Theory of Győző Concha: "Theory of Constitiution"
133-160Views:273Győző Concha’s book “Politika”, published in 1895, is still relevant for the understanding of the theoretical problems in constitutional law. Thus, it is important to analyse the peculiar use of constitutional terms in his theory in order to understand his unique interpretation of the concept of the constitution and its relevance for political and legal philosophy. The methodological goal of the research is to present the meaning of the concepts used by Concha, and to highlight their functional role. It is also an important question as to how Concha’s constitutional theory was incorporated into his political philosophy, and how these concepts are interpreted in today’s political and legal terminology. It is also the paper’s aim to “translate” Concha’s vocabulary and constitutional theory into the language used in 21st century constitutional theories, and to present and evaluate the relevance of his constitutional theory in understanding the current constitutional problems of political communities.