Search
Search Results
-
The Protection of Fundamental Rights of People with Disabilities and Reduced Capacity to Work Using Social Farm Services
83-100Views:172The present study examines the fundamental rights of disabled people using the service of social farms – especially people with disabilities and with reduced capacity to work. These rights are essential for these people in order to ensure their employment. These people are often cut off from the labour market, moreover, they cannot be present there. Therefore, fundamental rights ensured within the Fundamental Law of Hungary play a significant role for treating and employing them equally. Labour law and social law protection confirms this constitutional protection.
-
Facebook files – is Hate Speech Deleted? The Human Rights As- pects of Content Control of Social Media Platforms
115-136Views:461The 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.
-
Multilevel System of Fundamental Rights Protection in Practice, in the Light of the Dismissal of Government Officials without Justification
120-141Views:139Today, 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.
-
Problems of textual empiricism
126-139Views:119In 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.
-
Basic Trial Rights and Trial Ethics in Criminal Proceedings
32-55Views:173The number of criminal court trials is constantly decreasing, as the domestic legislature has introduced a number of legal institutions aimed at diverting criminal cases from the court system, or avoiding charging. Nevertheless, there will always be crimes, the adjudication of which cannot dispense with impeachment based on direct judicial investigation. The trial is undoubtedly the "highlight" of the criminal proceedings, since it is here that the adversarial process takes place in its entirety, and here the defense counsel and the prosecutor have the opportunity to form opinions on factual and legal issues in each other's personal presence. The amendment of the Criminal Procedure Act naturally raised many questions, such as who in the near future will actually control the evidence taken in court proceedings, and what basic procedural rights should be provided to the participants of the proceedings. In this study, I would like to reflect primarily on these questions, based on some ECtHR decisions.
-
Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards
180-202Views:152In this paper I outline the objectives of the ILO, the conventions relevant to collective bargaining and action, and furthermore the pronouncements of the ILO supervisory bodies. After describing social dumping I examine the jurisprudence of the European Union regarding the collision of fundamental freedoms and collective labour rights in the light of international labour standards. My observation is that the hierarchical relationship between fundamental freedoms and labour rights in favour of the former cannot be maintained even based on EU law.