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• Circumstances Affecting the Degree of Restitution in the Jurisprudence of Labour Law

  192-208

  Szilvia Bors

  Views:

  108

  The study examines the dogmatics of the legal institution of restitution applicable in the case of infringements of personality rights in labour law, as well as looking at the functions determining the sanctions in the international and domestic legal environment. It classifies states based on the effect wished to be triggered with the legal institution as well as regarding the circumstances to be considered. It determines the governing factual elements and circumstances with regards to the degree of the institution of restitution. It projects the standpoints of special literature to the practice. It analyses and classifies trivial cases in the light of judicial case law.

• 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

  90-110

  Zoltán Boda

  Views:

  148

  The 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.