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  • The Right to Maintain Contact within the Context of Fundamental and Personality Rights
    Views:
    633

    It is self-evident that parents play an irreplaceable role in the lives of their children, influencing the child's physical, mental, and emotional well-being and behavior. It is therefore necessary that children maintain personal relations and direct contact with each parent, even if the marriage of his/her parents is permanently and irreparably damaged. The right to contact, which has a strong legal foundation in international conventions, is traditionally described as a right of the child, despite the fact that contact between parent and child is both a right and obligation of mothers, fathers and children. The right to contact is a Janus-faced, complex legal institution: although it is largely based on the fundamental right to private and family life guaranteed by constitutional norms, it plays a significant role in private law disputes as well. The aim of this article is to present the place of the right to contact within the Hungarian legal regime, emphasizing the enforcement of this right in the field of protection of basic and personality rights.

  • Claims for Compensation Based on the Infringement of Regulations Applicable to Procurement Procedures
    11-30
    Views:
    141

    The study is concerned with those claims for compensation, which are based on the infringement of regulations applicable to procurement procedures. After the placing of the compensation within the public procurement remedy system, we outline those conducts, which can cause damage in the course of the public procurement procedure (e.g. contracting authority’s withdrawal from the public procurement, unlawful withdrawal of the tender, failing of contract conclusion, etc.). during the review of these cases, we heighten the differences existing between the classical civil law claims and the claims based on the infringement of public procurement rules.

  • Impact of EU Law on National Criminal Law
    79-93
    Views:
    97

    This paper aims to analyse the main linking points between EU law and national criminal law. For a long time, the criminal laws of the Member States have been heavily affected by EU law. This influence can be either negative or positive. The most lenient form of the positive effect is the assimilation principle, which does not seek to incorporate EU norms into national criminal law, only attempts to extend the latter’s applicability to the protection of the interests of the European Union. In the case of legal harmonization the Member States are required to adopt common criminal norms which aim to reduce the differences of the national criminal law systems. The most serious impact on national penal law is the supranational criminal legislation, which results not only in the approximation but the unification of the criminal laws of the Member States.

  • Technology in Legal Regulation’s Service? Efforts in the Field of Data Protection
    33-45
    Views:
    184

    The interaction between technology and data protection is quite well-known and widely accepted in the legal literature concerning privacy protection. This essay tries to sum up the efforts to line up the technology itself to defend one’s privacy, often threated by technological development. The essay first shows the relevance of the Privacy Enhancing Technologies (PETs), and the basic concept of the Privacy by Design principle, and then analyses both the current and the proposed European legal regulation focusing on these issues.

  • Additional Remarks on the Question of Civil Service Law as a Branch of Law
    120-133
    Views:
    449

    The study focuses on the relationship between civil service law and labour law. In Hungary, there have been significant changes in the last decade regarding the regulation of civil service law. The types of the civil service legal relationships have increased, the forums and procedural rules for adjudicating civil service law related disputes have changed, and the number of public employees providing public services has rapidly decreased. This is of particular importance because the existence of these branches of the law is determined by legislation as well. The study concludes that the ability of civil service law to become an independent branch of law will be determined not by 'internal' developments but by legislative ambitions.

  • The Transformation of Labour Law Litigation
    162-176
    Views:
    253

    From the outset of labor litigation, both theoreticians and practitioners have been preoccupied with the question of what specific regulation this area of law – which has essentially additional elements of private law – requires in order to ensure fair treatment and proceedings for all participants. The aim of the present study is to show how labor litigation is evolving today, outlining the phenomena that have arisen due to the new labor and civil procedure codes.