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The right to take collective action in EU law based on the European Pillar of Social Rights and the recent case law of the CJEU
9-24Views:213This paper is built around the workers’ fundamental right to take collective action and collective bargaining. Although, this right is firmly embedded in the majority of labour law systems in the social policy (meaning labour law, too) of the European Union, it is worth analysing it separately with an independent meaning. We can approach this right from the fundamental rights, the fundamental treaties or from certain directives, so we can find several questions that are difficult to answer properly. These problems are mostly catalysed by the necessary collision between the need for socially motivated legal protection and the fundamental economic freedoms. In my research, I analyse this right – along with some other connected ones – with the help of the recent case law of the Court of Justice of the European Union and the European Pillar of Social Rights because the latter highlights the holistic approach in the current reforms of EU social policy.
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Multilevel System of Fundamental Rights Protection in Practice, in the Light of the Dismissal of Government Officials without Justification
120-141Views:136Today, in the European multi-level and cooperative constitutional area the European Convention on Human Rights, the constitutional value provisions of the EU Treaties together with the Charter of Fundamental Rights of the EU, as well as the constitutions of the member states of the EU function as parallel constitutions. The legal remedies offered by international forums by nature are subsidiary, because it is desirable that legal issues of human rights be solved by the states at national level. The obligation of the exhaustion of domestic legal remedies as a procedural precon- dition is needed in order that the national level should have the chance to remedy the violation of human rights within its own legal system.
The present paper focuses on Art. 8 para. (1) of Act LVIII of 2010 on the legal status of government officials, which states that the employer has the right to terminate the contract of goverment officials by two months’ notice period without any justification. The research is of considerable interest because the dismissed officials – who, in my opinion, de facto suffered injury by violation of human rights – were forced to turn to international forums because of the fact that the Hungarian legal system was not able to grant them adequate reparation. Therefore, the examination also evaluates the current level of fundamental rights arbitration and the jurisdiction using fundamental principles in Hungary.
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The Protection of Fundamental Rights of People with Disabilities and Reduced Capacity to Work Using Social Farm Services
83-100Views:171The present study examines the fundamental rights of disabled people using the service of social farms – especially people with disabilities and with reduced capacity to work. These rights are essential for these people in order to ensure their employment. These people are often cut off from the labour market, moreover, they cannot be present there. Therefore, fundamental rights ensured within the Fundamental Law of Hungary play a significant role for treating and employing them equally. Labour law and social law protection confirms this constitutional protection.
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Balancing Work and Life: New Developments in the Field of Legal Protection of Workers
25-44Views:166The present study deals with the current labour law questions of balancing work and private life. The topicality of the study is supported by Directive (EU) 2019/1158 which, built on the existing legislative basis, brings several novelties in this regulative area refreshing the key elements of the criteria of equal employment referring to the employees raising children. The researched regulation fits into the high level, socially motivated; worker-protection Directive designated by the European Pillar of Social Rights, consequently, this aspect also plays a role in elaboration. In my analysis, I concentrate on the regulative background, subject of the new Directive, as well as its connection to fundamental social rights and the new norms describing the potentially strengthening legal protection of workers. I draw conclusions based on their synthesis about the predictable future effects of the new regulation.
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Likeness of Police Officers: Freedom of the Press and the Right to Facial Likeness at the Crossroads of Civil and Fundamental Rights
110-128Views:161The Constitutional Court of Hungary, proceeding in its new competence regarding the „real” constitutional complaint obtained from 1 January 2012, is allowed to adjudicate the motions initiated against concrete judicial decisions which are deemed to be contrary to the Fundamental Law of Hungary. Within this procedure the Constitutional Court places the protection of the freedom of expression and freedom of the press above the protection of personality rights. The Court consistently annuls judicial decisions that declare infringement of personality rights on grounds that a press agency published recognizable facial likeness of police officers being on duty during demonstrations. The present paper analyses the course during which the Constitutional Court does enforce the constitutional requirements elaborated in its former practice and, thereby, repeals the ordinary courts’ decisions if those favour the personality rights of police officers over the freedom of the press.
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The Right to Maintain Contact within the Context of Fundamental and Personality Rights
Views:633It 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.
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A New Admissibility Criteria – the „Significant Disadvantage” in the Case-law of the European Court of Human Rights
131-138Views:106Since 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.
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Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards
180-202Views:148In this paper I outline the objectives of the ILO, the conventions relevant to collective bargaining and action, and furthermore the pronouncements of the ILO supervisory bodies. After describing social dumping I examine the jurisprudence of the European Union regarding the collision of fundamental freedoms and collective labour rights in the light of international labour standards. My observation is that the hierarchical relationship between fundamental freedoms and labour rights in favour of the former cannot be maintained even based on EU law.
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The Intergenerational justice at the Constitutional Level
48-64Views:139The debates about the rights of the future generations have risen significantly in the last decade. The more attention we give to the question, the larger the number of new issues which emerge. As an example, the right to a healthy environment or the rights of the unborn can be mentioned. The aim of the study is to examine this question in connection with constitutions. The constitutional level could significantly affect the possibilities of the future generations. The theory of intergenerational justice is examined in relation to the main topic. The analysis of the population pyramid of the Brexit voters is mentioned as an example of a possible intergenerational injustice.
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The Effect of the Jurisprudence of the ECHR on the Hungarian Criminal Procedure Act
128-150Views:274The case law of the European Court of Human Rights and the European Convention on Human rights set the minimum level for the protection of fundamental rights that has to be guaranteed by all contracting parties, although national laws can establish higher standards. Point II of the general explanations of Bill No. T/13972 on the new Act on Criminal Procedure states that “meeting the requirements of the Fundamental Law of Hungary and the obligations of international law and EU law obviously mean a safeguarding minimum.” In Hungary the case law of the ECHR is reflected more and more both in the judgements of Hungarian courts and in the guidelines of higher courts but the difficulties of establishing interpretations in harmony with ECHR case law are common. The paper analyses the judgments of the ECHR in Hungarian cases between 2013 and 2016 related to pretrial detention, effective defence and the circumstances of restraint.
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Comparison of Enforcement Systems for the Violation of Fundamental Rights of Detainees Stemming from the Condition of Detention in Penitentiaries and the Right to a Fair and Public Hearing within a Reasonable Time
90-110Views:126The violation of fundamental rights of detainees stemming from the conditions of detention in penitentiaries and the right to a fair and public hearing within a reasonable time raise complex concerns, because in such cases the applicants have to submit a procedure under the Hungarian Prison Act or a lawsuit concerning the violation of certain rights relating to personality under the Hungarian Code of Civil Procedure or the Civil Code. The legal protection is uncertain, because the rules relating to prison conditions meet with rules of civil procedure and civil code rules. Court decisions do not help to find the way out of this incoherency. The questions mentioned in the present article raise serious dogmatic debates, casting doubt on the efficiency of the remedies.