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• Rule of Law – Active State: Reconstructing the Conception of the Rule of Law in Zoltán Magyary’s Theory

  9-26

  József Szabadfalvi

  Views:

  194

  Zoltán Magyary was an internationally recognised Hungarian professor of law who carried out research in modern theories of administration and state theories. Defending the values of the rule of law and taking action against the anomalies of legal formalism were among his major scientific goals. According to him, one of the most important functions of a legal system is the protection of human rights, therefore he accepted the view that courts must have the authority to review administrative decisions. At the same time, he stated that the effective and productive functioning of administrative institutions and the executive power is a priority in a legal system. Due to the fact that he did not provide a complete analysis of the correlation between the rule of law and the effective functioning of administrative institutions, he opened the possibility for posterity to give various and different interpretations of the issue.

• Fiscal Conditionality in EU Law

  143-156

  Zsolt Halász

  Views:

  108

  This paper analyses the evolution, objectives, and instruments of fiscal conditionality legislation of the European Union. The author provides a detailed analysis of the relevant elements of the existing legislation, as well as the recent judgments of the Court of Justice of the European Union on the subject. The paper demonstrates that the Financial Conditionality Regulation is not an instrument for protecting the rule of law in general, but its general purpose is to protect the EU budget by enforcing the fundamental requirements deriving from the rule of law.

• Reflections on the validity of exculpatory clauses in light of Section 6:152 of the Hungarian Civil Code

  9-24

  Réka Pusztahelyi

  Views:

  206

  Section 6:152 of the Hungarian Civil Code (HCC) is an objective cap on the freedom of contract, it is an unconditional (absolute) and minimum protection to which all exculpatory clauses are subject. In this essay, this rule is examined in a wide and complex context. These exculpatory clauses are closely connected to the consent of an injured person or their  assumption of risk, or their waiver (especially waiving claims for damages) as unilateral juridical acts. The relationship between this statute and other grounds of invalidity shall also be examined, especially the connection to the invalidity rule of unfair standard contract terms.

• Strict Liabiliy and Predictability: The Austrian Economic Analysis of Tort Law

  Ákos Szalai

  Views:

  92

  This article provides a critical  analysis of the main claims of the Austrian school of law and economics on tort liability. It reviews the normative claims of the Austrian school. It identifies the requirements the Austrian achool articultes towards law and which can be described in five points. According to them positive law should be (i) abstract, (ii) simple, (iii) predictable, (iv) should change incrementally, and (v) should reflect the basic informal rules, social expectations. They maintain that in the case of tort liability, a prima facie strict liability would meet these requiremes much better than the negligence rule. The article contests this claim and argues that it is not clear that the strict liability would be more predictable or better suited to informal social rules.

• European Public Administration of Consular Protection

  49-65

  Erzsébet Csatlós

  Views:

  190

  The organizational issues of European public administration are especially apparent when the cooperation between the EU and its Member States is considered. The regulation of administrative institutions and bodies is fundamentally a subject of national competence. The European public administration for consular protection is based on the cooperation of the organs and authorities on both levels of European public administration. It is regulated as a framework which leaves a wide range of freedom for Member States to settle the missing details and also leaves too much room for voluntarism. All this makes the system unpredictable and despite the application of the principle of loyal cooperation and solidarity, the European administrative structure of consular protection is incompatible with the rule of law and the principle of good administration, and even with the principle of loyal cooperation and solidarity.

• 60th Anniversary of the European Social Charter: Some Proactive Dilemmas

  29-42

  József Hajdú

  Views:

  343

  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.

• The Importance of Health and Safety in the Liability of Employers for Damages

  175-191

  Kinga Tóth

  Views:

  242

  Employers are deemed responsible for the health and safety of their employees while they are at work. This study's focus is the exemption from liability based on the foreseeability principle introduced to the Labour Code in 2012. Despite the proclaimed policy change, courts have remained reluctant to grant immunity to employers based on Article 166 of the Labour Code in case of workplace accidents. The uncertainty of interpretation hinders the execution of the new policy and questions the importance of proper health and safety measures implemented by employers to avoid liability. The study focuses on recent case law and employers' practice. The first part analyses the conclusions establishing business decisions of the employers, further investigating the cost performance conduct: pay a fine or spend on safety and health measures. The second part of the study examines cases related to workplace accidents, which are divided into five groups. This group's special attention given to liability in case of extreme weather conditions, third-party accidents, work safety rule violations, accidents, employers' inspection obligations, and other cases.