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• Towards a European Legal Scholarship. Recommendations of the German Council of Science and Humanities (Wissenschaftsrat) on the Development of Education and Research

  54-61

  Péter Sólyom

  Views:

  108

  The German Council of Science and Humanities (Wissenschaftsrat) in 2012 published its study „Perspectives of Legal Scholarship in Germany. Current Situation, Analyses, Recommendations”. The recommendations are preceded by empirical and quantitative descriptions that provide information on the current situation of legal study and research in Germany. The document emphasizes the importance of cooperation between theoretical and practical part of the legal education. The report considers that students should acquire the ability of critical approach to legal prac- tice instead of memorising the substantive legal rules.

• Multilevel System of Fundamental Rights Protection in Practice, in the Light of the Dismissal of Government Officials without Justification

  120-141

  Zsuzsanna Szabó

  Views:

  139

  Today, in the European multi-level and cooperative constitutional area the European Convention on Human Rights, the constitutional value provisions of the EU Treaties together with the Charter of Fundamental Rights of the EU, as well as the constitutions of the member states of the EU function as parallel constitutions. The legal remedies offered by international forums by nature are subsidiary, because it is desirable that legal issues of human rights be solved by the states at national level. The obligation of the exhaustion of domestic legal remedies as a procedural precon- dition is needed in order that the national level should have the chance to remedy the violation of human rights within its own legal system.

  The present paper focuses on Art. 8 para. (1) of Act LVIII of 2010 on the legal status of government officials, which states that the employer has the right to terminate the contract of goverment officials by two months’ notice period without any justification. The research is of considerable interest because the dismissed officials – who, in my opinion, de facto suffered injury by violation of human rights – were forced to turn to international forums because of the fact that the Hungarian legal system was not able to grant them adequate reparation. Therefore, the examination also evaluates the current level of fundamental rights arbitration and the jurisdiction using fundamental principles in Hungary.