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  • Civil Review: Book Review of “Civil Society in Europe - Minimum Norms and Optimum Conditions of its Regulation”
    164-176
    Views:
    261

    Civil society is under pressure in many countries. Governments appear to be less and less tolerant of the opinion of civil society advocates, rights defenders and watchdog organizations. This book is given relevance by Lex NGO which restricts the operation and implementation of the activities of Hungarian non-governmental organizations. The volume of studies defines the minimum standards and optimal conditions that are essential for key players in civil society to be able to achieve the goals set by organizations and to contribute to the formation of democratic public opinion. In my analysis I placed more emphasis on those parts of the volume that may be important in the amendment of Lex NGO and similar legislation.

  • The Types of Government-Organized Non-Governmental Organizations: The GONGO Phenomenon
    141-158
    Views:
    211

    My 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.

  • The right to strike in the case-law of the ECtHR
    115-133
    Views:
    225

    The right to strike has been long recognized as an important labour right in the European countries protected by constitutions and international conventions on labour and social rights. However, these international conventions mainly contain mere declarations to only pursue the right to strike and do not have an effective protection mechanism. Nevertheless, in the last few decades a human rights perspective on labour law gained ground and thus international organizations and international courts started to derive labour rights like the right to strike from civil and political rights and therefore some of these labour rights enjoy the same level of protection as the first generation human rights. In its recent judgements, the European Court of Human Rights stated that the right to strike is protected under Article 11 of the European Convention on Human Rights and developed a case law on the requirements of a lawful strike action, secondary strike actions and the restrictions of the right to strike.

  • Changes of substantive and procedural law concerning the register of non-governmental organizations
    148-163
    Views:
    123

    Provisions concerning the societies and foundations raise difficulties for judges, lawyers and judicial staff proceeding in the interest of registration of non-governmental organizations for a long time. The study examines the registration of non- governmental organizations with a view to provisions of substantive and procedural law and attempts to demonstrate problems being the cause of legal uncertainty. Finally the author puts forward a proposal for correction of regulation concerning the non-governmental organizations and suggests introducing methods in the interest of predictable application of law.