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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

  193-216

  Dóra Takács

  Márton Leó Zaccaria

  Views:

  247

  In 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.

• Specialities of Collective Labour Disputes

  217-232

  Henriett Rab

  Marcell Sipos

  Views:

  176

  We 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.

• Messages of German and Italian Identity Parades

  78-89

  Csaba Fenyvesi

  Views:

  96

  All criminal justice systems in rule-of-law states attempt to prevent justizmord cases. Unfortunately, this intention is not always successful. This statement is illustrated by both Hungarian and foreign examples.  Both Hungarian and international scientific research reveals that the identity parade (line-up) method plays a key role in the miscarriage of justice cases. So it is important (basic)/vital interest to prepare preventing methods in this field, or to reveal/disclose the causes of final serious mistakes. For this purpose, the author examines the identity practical method and legal (police) rules in Germany and Italy. At the end of the study, the author formulates the potential legal and criminalistic/forensic development possibilities, the lessons and his conclusions for the powerful/efficient and fair criminal procedure rules and for better law enforcement practice. 

• Environmental Tax Harmonisation and Market-Oriented Legal Regulation in the Light of the CJEU Practice

  95-117

  Dániel Deák

  Views:

  199

  The subject of the present paper is the explanation and justification of environmental taxes in general terms and, in particular, the assessment of the recent european trends as well as the examination of the practice of the EU Court of Justice followed in this field. The paper considers ecotaxes as the means of fiscal policy that can be put into the service of green growth. For the time being, the enforcement of ecological policy is restricted in many aspects within the EU framework, being unilaterally subordinated to the requirement of free competition. For this reason, the EU law mechanisms of adjustment may get stuck in cases where intervention is not necessary in order to have more but, on the contrary, to have less freedom of market. Since it can be considered as obvious from the perspective of thermodynamic restraints that market imperfections cannot be precluded, the possible aim of intervention is certainly not the reconstruction of free trade, but the suspension of the laws of market. The political and legal basis for this is still missing in the European Union both in theory and practice what can be seen as a serious problem.

• The relationship between distraint in real estate and real estate registration – with special regard to the legal effects of registering and recording certain rights and legally significant facts

  137-156

  Mónika Fazekasné Németh

  Views:

  337

  The subject of the study is the realization of real estate, which is not examined in the traditional way but within the scope of the implementing law, but as a legal institution affecting several jurisdictions, focusing on the ownership of the auction buyer. In addition to the method of obtaining ownership based on the official auction, it analyzes in detail the possibilities of obtaining from the non-owner in the official auction and in the light of the judicial practice, the legal effects of registering the enforcement right and the note are taken into account.