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  • 60th Anniversary of the European Social Charter: Some Proactive Dilemmas
    29-42
    Views:
    298

    The European Social Charter is a human rights treaty of the Council of Europe. For 60 years, the Charter has been protecting the social and economic rights of citizens across Europe. During these years, the Charter has been revised and new rights have been included to take into account the challenges facing our modern societies. But the Charter has remained at the heart of the Council of Europe’s statutory goals: human rights, rule of law and democracy, which cannot be realised without respect for social rights. However, sixty years after the adoption of the Charter, and thirty years after the adoption of the Turin Protocol of 1991 reforming the supervisory mechanism, the Convention has yet to realise its full potential. In this article the Charter’s two supervisory mechanisms are analysed and some proactive dilemmas and possible solutions are outlined.

  • Back-Door Electronic Monitoring in Hungary: Theory and Practice of Reintegrative Surveillance
    30-42
    Views:
    319

    With the development of technology many new legal institutions were regulated in the criminal justice systems. Electronic monitoring is one of those, which from the Hungarian perspective first appeared in the form of home detention in criminal procedure law. Later on, in 2015 the technology of electronic monitoring was implemented in prison law as the institution of reintegrative surveillance. The regulation is basically appropriate and according to the experiences could be seen as effective. However, there are some related theoretical questions which need to be answered. For example, the question of widening the potential application of reintegrative surveillance, or the relation between reintegrative surveillance and imprisonment or conditional release. Answering these questions is important as presumably the technological development won’t stop on this level, thus we can expect the widening of electronic monitoring in Hungary as well.