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• Balancing Work and Life: New Developments in the Field of Legal Protection of Workers

  25-44

  Márton Leó Zaccaria

  Views:

  188

  The present study deals with the current labour law questions of balancing work and private life. The topicality of the study is supported by Directive (EU) 2019/1158 which, built on the existing legislative basis, brings several novelties in this regulative area refreshing the key elements of the criteria of equal employment referring to the employees raising children. The researched regulation fits into the high level, socially motivated; worker-protection Directive designated by the European Pillar of Social Rights, consequently, this aspect also plays a role in elaboration. In my analysis, I concentrate on the regulative background, subject of the new Directive, as well as its connection to fundamental social rights and the new norms describing the potentially strengthening legal protection of workers. I draw conclusions based on their synthesis about the predictable future effects of the new regulation.

• The EU Energy Efficiency Directive (EED) from an Environmental Law Perspective

  63-87

  Orsolya Bányai

  László Fodor

  Views:

  301

  This 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.

• New attempts in EU law for the improvement of the consular protection of EU citizens in third countries

  9-23

  Adrienn Becánics

  Views:

  145

  The right of EU citizens to consular protection in third countries, where their Member State is not represented, is one of the most significant rights attached to the European citizenship. With the existing legal basis laid down in the Treaty on European Union and the Treaty on the Functioning of the European Union, the right to consular protection of EU citizens has all the conceivable chances to be established uniformly by union actions and under the supervision of the European Court of Justice. The aim of the Council Directive (EU) 2015/637 is to lay down the cooperation and coordination measures necessary to further facilitate consular protection to unrepresented citizens of the European Union. Nevertheless the directive does not affect consular relations between Member States and third countries. The present paper focuses on the actions had been taken in this field from the treaty establishing the European Economic Community until the achievements of the Treaty of Lisbon and the aforementioned Council Directive.

• The New Hungarian regulation of Working Time, Rest Periods and Paid Leave in the Light of the Workers’ Interests

  31-47

  Tamás Prugberger

  Views:

  477

  The paper consists of three parts. The first part introduces the multiple changes – mostly in the favour of employers – in regulation in Hungarian labour law based on the Working Time Directive. The newest idea is also connected to these changes because the reference period may be significantly extended in Hungarian law even a longer period is planned than in the directive. In the second part I analyse the relevant regulation from a critical point of view pointing out the lack of some clear concepts in the Hungarian regulation. The paper highlights the following: at several employers the workplace and the employees’ place of residence were near to each other but nowadays these workplaces are changed and the employees need to take much more time-consuming trips to the actual workplace. the third part examines the relevant case-law of the CJEU.

• Hungarian Legislation on Unfair Commercial Practices – Critical Comments

  54-67

  Edit Zsuzsanna Tárczy

  Views:

  153

  Directive 2005/29/EC concerning unfair commercial practices (hereafter: UCPD) has a maximum harmonization character. The aim of this paper is to review and criticize the rules of the Hungarian implementing act. The starting point is the ban stemming from the maximum harmonization: Member States during the implementation must not create or apply stricter or milder rules than those of the UCPD. However, the Hungarian act has many problematic parts in connection with both the rules and the definitions. Besides scrutinizing these questionable points the paper also uncovers the possible practical consequences.

• Neighbouring Rights of Press Publishers: Issues Relating to Transposition

  Gábor Polyák

  Klára Szalay

  Views:

  250

  Press publishers spend billions on producing quality journalism each year. While the costs of producing well supported, quality journalism manifest in producing the original content, i.e. the very first copy, further costs – due to digitization – are negligible. Parallel to this, prosperous business models thrive on re-using articles in press publications, as well as optimizing them for search and social media platforms attractive enough to generate huge amounts of advertising revenue. But not for the those who actually make the content. The European Union seeks to persuade large digital companies to take part in the financing of European content, mainly through competition law or by taking steps to improve the competitive position of European companies. The rules relating to press publishers of the EU Copyright Directive of 2019 intend to serve this purpose and will be analysed in this paper.

• The Observation, Review, and Possible Modification of the EU Environmental Liability Directive in Hungary

  29-41

  Gábor Kecskés

  Views:

  200

  The main secondary legal source of environmental liability in the European Union is the Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. Even though it was modified several times since then, it still remains the basic norm in the environmental field by establishing the regulatory frames by means of the polluter pays principle and the principle of prevention. The present study makes an overview of recent and potential further legislative steps in Hungary with regards to its implementation.

• Regulatory Proposal of the Ombudsman for Future Generations

  10-28

  Gyula Bándi

  Views:

  235

  The 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.

• Rest Periods in EU Labour Law

  Gábor Kártyás

  Views:

  107

  The paper aims to approach the dilemmas of EU working time rules from the novel perspective of rest periods. It examines the functions and nature of rest periods in EU law, with special regard to the ECJ’s recent judgment in the MÁV-Start case (C-477/21). The analysis tackles the question whether rest periods should be regarded as a right or an obligation of the worker and visits the issue of the possible role of a separate right to disconnect. The analysis ends with some conclusions.

• The Criminal Provisions of the DDoS Attacks in the United States, Eu- rope and Hungary

  66-83

  Kitti Mezei

  Views:

  356

  The 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.

• Review of the Book “Posted Workers in EU and Hungarian Law” by Gábor Kártyás

  209-220

  Dóra Takács

  Dóra Varga

  Views:

  94

  In today’s globalized labour law, where borders, especially within the European Union, seem to be increasingly blurred, cross-border situations are becoming more common. Due to digitalisation and technology, which is evolving at a rapid pace especially in the present situation, working abroad can now be carried out without the worker actually moving away from his desk, namely not physically entering another country. In view of this, the topicality and exciting nature of the processed topic can hardly be questioned. Following a holistic approach, the reviewed book guides the readers with unique detail and provides them with a sure point of reference on the swampy ground of the posting, which is surrounded by many challenges and conflicts of interests. In our review, we will describe and evaluate the content of the monograph along these sure points of reference.

• Past, Present and Future – Where is the restraining order Heading?

  84-100

  Andrea Noémi Tóth

  Views:

  158

  Le 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.

• Privacy Issues Regarding the Use of Web Cookies

  43-58

  Anita Boros

  Views:

  352

  EU cookie laws have been in place since 2011, but before the entry into force of the GDPR, the conditions for consent were interpreted differently across Europe. Since the GDPR came into effect, there has been a great deal of interest in how it applies to cookies and similar technologies. The GDPR updated the EU’s longstanding digital privacy framework, with key additions including tightening the rules around consent as a legal basis for processing personal data. The purpose of this study is to clarify for data controllers the rules they need to pay attention to, in order to ensure that the use of cookies on its websites is strictly in accordance with applicable laws

• The Role of Non-Governmental Organisations in the Enforcement of Environmental Liability

  113-127

  Attila Pánovics

  Views:

  289

  Public participation is an essential part of the mechanism of dealing with environmental problems. Both the Aarhus Convention and Union law stipulate that citizens and environmental NGOs should be guaranteed access to justice that includes providing legal standing for environmental NGOs individuals and directly affected by a breach of environmental law. In accordance with the Environmental Liability Directive, persons adversely affected by environmental damage are entitled to ask the competent authorities to take action. However, there are major chellenges to the implementation of environmental legislation, faced by environmental NGOs in obtaining standing to bring legal challenges on environmental issues. 

• Energy audit: EU-Law and its implementation in Germany

  29-41

  Jan Hoffmann

  László Fodor(Translator)

  Views:

  213

  The Energy Efficiency Directive (EED) No. 2012/27/EU establishes a set of binding measures to help the EU to reach its 20% energy efficiency target by 2020. Energy audits are an essential tool to achieve adequate energy savings (see art. 8. EED). The current study focuses on the EU legal requirement on Energy Audits and its implementation in Germany by the 2015 amended Act on Energy Services and other Energy Efficiency Measures (Gesetz über Energiedienstleistungen und andere Energieeffizienzmaßnahmen – EDL-G). The analysis is still relevant because of the infringement proceedings against Germany by the European Commission based on fragmentary transposition of the EED.