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Legal interpretation issues regarding the status of the trade unions
79-95Views:659The unique purpose and role of trade unions is the protection of the employees’ social and economic interests. As compared to the previous concept, the applicable labour code introduced a conceptually new approach with respect to collective labour law, including the purpose of trade unions, reducing the trade unions’ rights to such a minimum level which shall be generally granted for a civil organization operating in the interest of a certain purpose. In my study, some legal interpretation questions –without the ambition to be exhaustive – that arise in practice come under analysis, which highlight in a crystal clear manner the question as to what sort of practical issues are raised and interpretation possibilities are opened by certain items of the Hungarian labour law regulation in connection with the legal status of the trade unions and the exercise of their rights.
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Harmonization of Arbitration Laws in some Asian and European Countries
68-77Views:162The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.
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Disclosure of the Data of State-owned Companies in Hungary and Germany: Similarities and Differences
83-101Views:57The article analyses in a comparative manner the way the publication of data works in Hungary and Germany in the case of state-owned companies. The subject of the analysis is furthermore how the transparency of public property is compatible with the functioning of the market and the protection of trade and business secrets. The article devotes special attention to the issue of the relationship between the request for data in the public interest and trade secrets, and, whether the disclosure of such data may be refused on the basis of avoiding potential business damage. Given that the disclosure of data with public interest and its accessibility are inseparable from the freedom of information, the relevant laws in the countries subject to analysis are also presented. The article highlights the exemplary solutions of the German legal system and, finally, compares the similarities and differences in the regulatory concepts of the two legal systems.
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Aspects and consequences of the Kingdom of England’s legislative regimes regarding the Hanseatic League, the Dutch Republic and Scotland
68-77Views:226The article surveys elements of the Kingdom of England’s relations with the Hanseatic League, the Dutch Republic and Scotland throughout certain periods of history. There is a particular focus on legal measures and regulations adopted by England with regards to the traders of the Hanseatic League in the 14th and 15th centuries and Dutch traders in the 17th century. In relation to Scotland, there is an overview of how restrictions enacted by England helped to contribute in part to the Union of 1707, and of some consequences which followed on from this important historical development. The study can be said to be of interest in terms of certain developments taking place in Europe at the present time.
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Financial Support System of EU – EFTA (Member States) cooperation
62-85Views:154The economic cooperation between the EU and EFTA states constitutes a special cooperation form in several ways: the actors of cooperation (economic integrations and their Member States), the legal and institutional framework and the budgetary relations also have unique features. In our study the rules and changes of the EEA and Norwegian Financial Mechanism, as well as the Swiss Contribution are analyzed from aspect of integration theories and financial law. In the framework of historical analysis and comparative method the financial instruments of EFTA states are compared with the EU Cohesion and Structural Funds with the help of evaluating statistical data.
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Challenges of Sustainable Employment
111-128Views:135When the Green Deal says we need to rethink policies for clean energy (see economy, industry, production and consumption, large-scale infrastructure, transport, food and agriculture, construction, tax policy, social benefits) what does this really mean for employment? What would it mean for the world of work if employment were to focus on sustainability, climate protection and the common interests of society? What changes would a shift to a greener economy bring about in the labour market? How would it affect already vulnerable groups of workers? One possible answer to these questions already exists: green work, which is the subject of this study.
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Environmental Tax Harmonisation and Market-Oriented Legal Regulation in the Light of the CJEU Practice
95-117Views:179The subject of the present paper is the explanation and justification of environmental taxes in general terms and, in particular, the assessment of the recent european trends as well as the examination of the practice of the EU Court of Justice followed in this field. The paper considers ecotaxes as the means of fiscal policy that can be put into the service of green growth. For the time being, the enforcement of ecological policy is restricted in many aspects within the EU framework, being unilaterally subordinated to the requirement of free competition. For this reason, the EU law mechanisms of adjustment may get stuck in cases where intervention is not necessary in order to have more but, on the contrary, to have less freedom of market. Since it can be considered as obvious from the perspective of thermodynamic restraints that market imperfections cannot be precluded, the possible aim of intervention is certainly not the reconstruction of free trade, but the suspension of the laws of market. The political and legal basis for this is still missing in the European Union both in theory and practice what can be seen as a serious problem.
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Collective Wage Bargaining and the Related Challenges of Labour Law and Labour Relations Regarding Public Services Operated by Publicly Owned Companies
148-161Views:230In the case of state- and municipality-owned companies providing public services, the 2021 salary increase was settled with a six-monthly delay, which was manifested in three-year, so-called “income policy” agreements. However, for the purposes of this paper, the process became relevant mainly due to the aspect of labor relations and it also became suitable for a legal science analysis. During the course of this, within the available space limits, I discuss the process of salary negotiations (with its labor law content and consequences), the theoretical bases of the different collective labor law regulations regarding public assets, and finally, the newly emerging practical issues related to the strike rights regulation of this sector.
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The International Legal Framework of Maritime Piracy
161-177Views:254Although maritime piracy is the oldest crime committed at sea, it is still present to this day and counts as a threat: it not only endangers human lives but also causes damage to international trade. Firm actions must be taken against this international crime and those international agreements which define the definition and the elements of conduct of maritime piracy and also contain procedural provisions to suppress it count as vital elements of these actions. Currently there are two agreements which contain anti-piracy regulations and they regulate several matters appropriately but they also have many shortcomings. In this article I examine the anti-piracy regulations of these agreements.