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• Questions of organizing working hours in regard to public holidays

  134-147

  Lajos Pál

  Views:

  185

  The study shows the dogmatic effect of the specific legal nature of public holidays on the organization and remuneration of working time. This effect can be seen in the duality that the public holiday affects (reduces) the duration of the parties' performance on the one hand, but also affects the conditions of actual performance, mainly because working time can only be prescribed under special conditions. But this duality also determines the dogmatics of public holiday pay rules: the legislature compensates for the reduced working hours due to public holidays, on the one hand, and the “inconvenience of work” that an employee performs on public holidays, on the other.

• A New Admissibility Criteria – the „Significant Disadvantage” in the Case-law of the European Court of Human Rights

  131-138

  Sándor Szemesi

  Views:

  132

  Since its adoption in 1950, the Convention for the Protection of Human Rights and Fundamental Freedoms has established one of the best mechanism for the international protection of human rights. Because of the continuous increase of the European Court of Human Rights’ workload, the modification of the Court’s procedure was needed. During this reform, a new admissibility requirement is inserted in Article 35 of the Convention, which empowers the Court to declare inadmissible applications where the applicant has not suffered a significant disadvantage. This new admissibility criteria is applicable since 1 June 2010 (when Protocol No. 14. entered into force). The study examines the travaux preparatoires and the current text of the Protocol, and analyzes the case-law of the Court concerning this new criteria.