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• Harmonization of Arbitration Laws in some Asian and European Countries

  68-77

  Gauri Nirwal

  Views:

  162

  The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.

• Looking for Solutions of the Hungarian Legislation of Public Procurement

  24-46

  Zsolt Pfeffer

  Views:

  109

  The Hungarian public procurement law will be renewed from 1th January 2012. Because of the new Act on Public Procurement (PPA) the development of the legislation of the last years should be reviewed. What kind of problems did the legislature have to solve? How could the specificities of an adequate public procurement act be defined? How does the judicature affect the legislature? This study tries to give answers from the point of view of the judicature. It examines the results of legislation, the experiences of practice, the earlier amendments and the most essential attributes of the new PPA.

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

  120-141

  Zsuzsanna Szabó

  Views:

  136

  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.