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PhD Studies in Law in Hungary–Difficulties and Possibilities (Before the 9th Academic Year of Géza Marton Doctoral School of Legal Studies)
38-53Views:115In this study the authors (Gábor Kecskés as the secretary of Doctoral School of Legal Studies at István Széchenyi University and Sándor Szemesi as the secretary of Géza Marton Doctoral School of Legal Studies at Debrecen University) examine the legal framework concerning doctoral schools of legal studies in Hungary as well as the specialties (and realities) of Géza Marton Doctoral School at Debrecen University. One of the main purposes of this article is to salute the beginning of the 100th academic year at Debrecen University, additionally the article tries to introduce how doctoral schools can fulfil the continuously changing (more precisely, tightening) requirements of the Hungarian Accreditation Committee, taking into consideration the unwritten expectations as well as the general interests of the host universities and the doctoral school itself.
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Then and now: laws on first and second generation biometric systems
78-90Views:205Although the security benefits these technologies offer security benefits to our society, their widespread application can involves and clearly leads to serious legal issues and concerns, including technological encounters, disputes and grave concerns for individual citizens’ rights of privacy. Various forms of identification, such as driving licenses, passports, and other identity cards, are progressively being combined with biometric information used by ever-changing and more advanced systems. With no doubts, it can stated as well that the use of them will be spread to other sectors too. Therefore, It safe to assume that this noticeable prosperity of personal information will involve and ache for more advanced data protection measures, encryption technologies, and other safeguarding measures, both to inspire their acceptance and use by the civilian population and to keep this critical information from falling into the wrong hands.
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Unfair Termination Review During Probationary Period: The Case of Iraq in Light of New Judiciary Trends
75-89Views:252Probation is a trial period to test a new employee for a particular position. It is commonplace for many employers to stipulate that the contract begins with probation based on a mutual agreement with the employee. During the probationary period, more flexible standards are given to review unfair termination. Notwithstanding, a degree of protection insofar as it safeguards employees from the risk of unfair termination shall be granted. Article 37 in the Iraqi Labour Code No. 37 of 2015 permits the employer to test the employee for a maximum of three months if the latter has no professional certificate. The same article empowers the employer to terminate the contract if the employee has failed in the suitability test without setting any standards for such a test. In reviewing cases arising on the basis of unfair termination claims, the judiciary in some developed countries has come up with basic standards of the suitability test. This paper, therefore, attempts to examine Article 37 in the Iraqi Labour Code in light of the new judiciary trends and finally suggests redrafting the mentioned article to be more compatible with the rights of contractual parties.
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Harmonization of Arbitration Laws in some Asian and European Countries
68-77Views:162The 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.
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The Basic Thesis of the State Theory of Győző Concha: "Theory of Constitiution"
133-160Views:283Győző Concha’s book “Politika”, published in 1895, is still relevant for the understanding of the theoretical problems in constitutional law. Thus, it is important to analyse the peculiar use of constitutional terms in his theory in order to understand his unique interpretation of the concept of the constitution and its relevance for political and legal philosophy. The methodological goal of the research is to present the meaning of the concepts used by Concha, and to highlight their functional role. It is also an important question as to how Concha’s constitutional theory was incorporated into his political philosophy, and how these concepts are interpreted in today’s political and legal terminology. It is also the paper’s aim to “translate” Concha’s vocabulary and constitutional theory into the language used in 21st century constitutional theories, and to present and evaluate the relevance of his constitutional theory in understanding the current constitutional problems of political communities.
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Cognitive Sciences and Judicial Decision-Making
109-132Views:443Nowadays, judges are expected not just to administer justice, but to have skills and abilities to realize and be aware of standards and laws which can be discovered and analysed by the so- called cognitive sciences. In case we accept that “judges are human beings as well”, we must also assume that their minds and decision-making processes are subject to generally accepted scientific facts. However, cognitive sciences are less known in Hungary, and by using their fruitful results in legal procedures (e. g. in court trials) a greater level of objectivity can be achieved in adjudication which can lead to more accurate judicial decisions.
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Specialities of Collective Labour Disputes
217-232Views:159We are currently living in a period when technological, economic and other changes fundamentally influence the nature of legal relationships. There is no difference in the labour law palette, as atypical employment is gaining ground in law enforcement circles. In our view, this development cannot be derived solely on substantive law, but should also be presented at the level of litigation and, where appropriate, ADR procedures. Perhaps it is somewhat ironic that it is precisely the collective labour dispute, which is not popular in Hungarian civil society litigation law, in which the emergence of innovative dispute resolution methods can be observed from time to time. Therefore, our work primarily examines the extrajudicial practice of collective dispute resolution, complemented by the solutions used in the legal systems of some countries less researched by the domestic labour law environment. Our aim is to highlight the potential of ADR methods in collective disputes and to explore new, unknown opportunities for domestic law enforcement.
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Effective and Actual? Analysis of Employment-Related Directives in the Legal Practice of the Curia of Hungary Regarding the Enforcement of Workers’ Rights
193-216Views:209In view of the special nature of the employment relationship, subordination of the parties results in a weaker legal position on the employees’ side. Certain guarantees of protection are absolutely necessary to compensate for this asymmetry, thus, among other things, the effectiveness of employees’ enforcement plays a key role. This is why our research seeks to answer the question whether some crucial employment-related directives of the European Union, as well as the broader European Union legal corpus also including legal practice. Furthermore we try to find the answer to the question that, how do these legal sources appear in the domestic legal practice, primarily in the relevant judgments of the Curia of Hungary, and the extent to which these references facilitate the effective enforcement of the workers’ rights.
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Some Labour Law Aspects of Psychological Contract Theory
50-69Views:204The aim of this paper is to present the central-topics of psychological contract theory, focusing on the relevant labour law contexts. The main research method used is an examination of relevant studies, articles and monographs on the topic, a secondary analysis of empirical research data systematically compiled by the authors, and an exploration of the main labour law aspects and contexts. The difference between an employment contract and a psychological contract is that while the former is a written, legally binding contract, the latter is a theoretical, abstract construct that contains the mutual and implicit expectations of the parties. A psychological contract therefore falls into the category of "extra-legal" contracts, but in certain cases, especially in the event of breach of contract, it may have legal relevance.
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Is the New Regulation Justified? Applicability of the New Rules of Self-defense in Case-law
129-147Views:260In the history of the regulation of self-defense, Act C of 2012 has resulted in the most substantial change. The greatest innovation in the act is the introduction of the situational self-defense, which creates an irrebuttable presumption that the unlawful attacks carried out under certain circumstances shall be considered as attacks against life. The new regulation has been criticized a lot, mostly because there are fears that the new rules of law will be misused. Through the case-law of the Supreme Court relating to self-defense in the last ten years, this study intends to reveal whether it was justified to include the situational self-defense in the new law or whether the concerns in connection with situational self-defense can be considered legitimate.
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Environmental Mediation in Germany
60-77Views:125It has always been a difficult question for the State to ensure effective decision-making processes for instances where public participation is considered to be a requirement. This question might be even more essential when it comes to disputes concerning large-scale projects with environmental impact. When the public is affected by such project, the contractor must be really prudent, otherwise high number of litigation may be initiated afterwards. The very special form of mediation, the so-called environmental mediation may offer a solution to this problem, by allowing all participants to meet and discuss every crucial issues related to projects described above. It is also important to emphasize that not the same requirements apply to environmental mediation and to other civil law related mediation procedures. The aim of environmental mediation would not be less than to improve the quality of public bodies’ decisions.
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Symbolic Legislation in Criminal Law
173-189Views:249The study makes efforts to analyse the concept of symbolic legislation, particularly the question of the symbolic criminal law. In the first part of the paper, the author discusses the issues of international (German) literature which relates to the problem of symbolic criminal law. The second part contains the Hungarian theoretical standpoints from which the author draws the conclusion that the concept of symbolic criminal law can be interpreted in multiple ways. Symbolic criminal law is described by some scholars as a critique of the legislature, however according to other opinions – which are the focus of this essay – the concept of symbolic criminal law has a positive meaning which includes the viewpoint that the legislator tries to turn the attention of society to the obligation of saving the general ethical values, and on the other side, it emphasizes the high-priority values set by the legislator in actual social-political situations
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Risks and Adverse Effects: Decisions of the Italian Constitutional Court on the Compulsory COVID-19 Vaccination
102-127Views:208In recent years, several judicial and constitutional court decisions have been handed down worldwide on the legality and constitutionality of the fundamental rights restrictive measures (including compulsory vaccination) imposed during the pandemic. Aside from Austria, Italy has imposed compulsory vaccination more widely than any other European country; moreover, the lack of vaccination has made it impossible for citizens to live their daily lives to such an extent that some scholars have even written of de facto compulsory vaccination. In December 2022, the Italian Constitutional Court ruled in three judgments against the petitions related to compulsory vaccination. After outlining the legal context and the scholars’ positions on mandatory Covid vaccination, this paper examines these decisions, focusing on the arguments on which the Court saw justification for compulsory vaccination.
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Water Law – Current Challenges
163-167Views:132Book review on the Book of Szilágyi János Ede, the title is Vízjog: Aktuális kihívások a vizek jogi szabályozásában.
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Human Rights as Fundamental Sources of Patients’ Rights in Light of the Development of Hungarian and German Laws
157-168Views:238Medical practice affects human life and health, which are not just some of the key social values, but actually express the existence of a human being. Therefore, it is a requirement to set the legal standards to guarantee the preservation and respect of human rights during medical treatment. Patients’ rights provide specific types of human rights in the area of patient care. The German legal system grants the preservation of these rights in a contractual framework that cannot be breached. In Hungary, patients’ rights are listed in the Public Health Act. Despite the diverse methods in regulating patients’ rights, the underlying public policy considerations are the same in both systems. The goal of this study is to provide a comparative analysis on the development of the German and the Hungarian regulation of patients’ rights focusing on the consideration of human rights.
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The Temporal Scope of the German Criminal Code
149-172Views:350The problem of temporal scope is also reflected in Germany’s criminal law. Its essence is the usage of the more lenient law in the case of the difference between the law of perpetration and the law of decision-making. The German Criminal Code has a 150 year history, with the original version being around 170 years old. It’s respectable age allows us to conclude that it has a stable character, however due to its countless modifications there has always been a significant problem – and there still is today – in relation to its interpretation. This study also provides a brief outlook on the regulation of the temporal scope in other German-speaking countries.
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Smart Contracts, Blockchain Technology and the Formulation of a Proposal for Their Application in Public Administration
56-73Views:173The study focuses on smart contracts, emphasizing the opportunities provided by blockchain technology. The main research method used is an examination of relevant domestic and foreign sources on the topic, such as studies and legislation. In addition, we formulate a proposal on how smart contracts and blockchain technology could be applied in public administration, focusing on the real estate registration procedure.
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Legitimacy and Competency Issues regarding the Labor Unions and the Works Councils
65-80Views:161The study focuses on the separation of two classical institutions of collective labour law: the labour unions and the works councils. Traditionally, labour unions are associations intended to represent and protect the collective interests of workers; works councils are units that exercise the workers’ participation rights, and are mechanisms where the employees can influence the decisions of the employer at the workplace. The distribution of traditional union and works council authorities, however, is not that obvious, especially from a practical point of view. The study strives to highlight those areas where the unions and the works councils appear as opposing parties, especially focusing on works agreements with normative power, from a practical and an international comparative perspective, and to offer solutions de lege ferenda.
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The Judicial Protection of the Basic Structure of the Constitution: the Practice of Judicial Review of Constitutional Amendments in India
132-148Views:125One of the rare but more prominent cases of judicial protection of the existing constitution is the revision of constitutional amendments. From among courts that review amendments, this study presents India’s Supreme Court’s practice, which is regarded as a model. India’s constitution does not contain any unamendable provisions or explicit authorization for judicial control over constitutional amendments, yet the court reviews constitutional amendments on grounds of protecting the constitution’s basic structure. India’s Supreme Court’s practice is a typical example of a court imposing an implicit limitation upon constitutional amendments. Therefore, before analyzing the basic structure doctrine, the study briefly examines the nature of the implicit limitations of constitutional amendments and some issues that may arise in their justification.
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Legal Regulation and Practice of the Non-Material Indemnification and Rehabilitation in the United Kingdom
165-183Views:139The article analyzes the specialties of the English legal system with a focus on the legal regulation and court practice of tort law, and especially the non material indemnification and rehabilitation of the bodily injured. The study starts with the description of the main characteristics of the tort law, the definition and jurisprudence of non material damages, like pain and suffering and loss of amenity and psychological damages are also reviewed in detail with respective court cases. The study also gives an analysis of the connection between tort law and insurance law, how one effects the other. Nowadays the indemnification process of the bodily injured cannot be full without rehabilitation. Like in most of the Western European countries, in the United Kingdom the rehabilitation process is a complex and centrally managed procedure with the help of state institutions and programs.
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The right to strike in the case-law of the ECtHR
115-133Views:227The 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.
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Collective Redress in Certain States of Europe
84-106Views:162Collective redress mechanisms can be seen in almost all of European countries (except Switzerland and Czech Republic for example). The established regulatory solutions are diverse, basically two lines are typical, and mixed systems based on these are created. One is a representative collective claim enforceable to protect the collective interests of the community (public interest). In general, such claims can only be enforced by government bodies designated by a legislator or by associations whose purpose is the protection of those interests. Another type of collective demand assists the homogeneous demands of a group of individuals by taking advantage of the merged action. In these cases, a person is usually validated by the requirements of the group members, who is himself interested in the proceedings because of his own material right.
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Civil Review: Book Review of “Civil Society in Europe - Minimum Norms and Optimum Conditions of its Regulation”
164-176Views:264Civil 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.
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One step back. The Hungarian Constitutional Court’s decision about the Liability of Commenting on the Internet
142-150Views:169Restrictions on the freedom of expression have been subject to mixed and constant debates. The debates are increasing in the case of free speech on the internet. In the recent past the Hungarian Constitutional Court had to examine this problem and contribute to the discourse. This article presents decision 19/2014 of the Hungarian Constitutional Court concerning the freedom of expression on the internet. The subject-matter of the case was the liability for the comments. The study intends to show the arguable points of the Court’s reasoning.
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The Criminal Provisions of the DDoS Attacks in the United States, Eu- rope and Hungary
66-83Views:326The 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.