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• Dark Waters? The Place of Environmental Liability in the Environmental Policy Toolkit (Issues of Regulatory Methodology and Environmental Principles)

  42-66

  László Fodor

  Views:

  334

  The starting point of the study is that environmental liability is not only a tool of ex-post sanctioning and remediation, but also helps to enforce the principles of prevention and precaution. It examines the rules on liability for environmental damage in a broader context and links the various instruments of environmental policy by presenting their relationship to the environmental policy principles and typifying the policy instruments of environmental protection.

• 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. 

• Higher Level Prevention as Public Value in Competition Law

  133-152

  András Tóth

  Views:

  130

  The problem-solving mechanism developed by Sparrow in the field of social regulation could also be implemented in competition law in order to prevent the recurrence of competition problems in a given industry. Competition authorities’ (like protection-type agencies) aim is the creation of public value. This is measured in terms of their ability to solve social problems by preventing or controlling harms. In the case of competition authorities, the public value is achieved by ensuring a competitive market environment through the curtailment of market power and the removal of barriers to entry. The public value of prevention is especially important when markets tend to become concentrated. In order to achieve the maximum preventive effect, all prevention tools must be operated effectively. This includes imposing structural remedies or switching to ex-ante prevention (regulation) when ex-post enforcement proves ineffective.

• Limits of Environmental Liability: Summary of the Guest Editor

  189-198

  Judit Pump

  Views:

  207

  This summary is an attempt to demonstrate that despite all the differences in how limits of environmental liability are perceived by the authors of this special issue due to different approaches to environmental liability, a common framework can nevertheless be drawn encompassing them all. Each article of the special issue elaborates some of the aspects of the concept of environmental liability. Despite the differences in the evaluation and assessment by the authors of the role of stakeholders and of the facts having an impact on the concept of environmental liability, it is shown that all of them are analysing the very same subject. The apparent differences are due to the different contexts in which environmental liability is examined and evaluated. Thus, the summary underlines that there is a need for system thinking related to environmental liability.

• The Observation, Review, and Possible Modification of the EU Environmental Liability Directive in Hungary

  29-41

  Gábor Kecskés

  Views:

  200

  The main secondary legal source of environmental liability in the European Union is the Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. Even though it was modified several times since then, it still remains the basic norm in the environmental field by establishing the regulatory frames by means of the polluter pays principle and the principle of prevention. The present study makes an overview of recent and potential further legislative steps in Hungary with regards to its implementation.