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International child abduction cases in Hungary 匈牙利的国际儿童诱拐案件
Acta Juridica Hungarica Pub Date : 2015-12-01 DOI: 10.1556/026.2015.56.4.6
T. Ziegler
{"title":"International child abduction cases in Hungary","authors":"T. Ziegler","doi":"10.1556/026.2015.56.4.6","DOIUrl":"https://doi.org/10.1556/026.2015.56.4.6","url":null,"abstract":"This article summarizes the background of child abduction cases related to Hungary, giving a comprehensive analysis of such cases between the period of 2000 and 2014. In the first section, the reader finds a statistical analysis and the second part deals with the legal and practical background. The final conclusions give some recommendations for the European and domestic legislators. The essay was created as part of a report published by the European Parliament, collected by the Swiss Institute of Comparative Law on the actual situation of child abduction in Europe.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116185627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sovereignty — out, constitutional identity — In: The ‘core areas’ of controversy of EU membership* 主权-退出，宪法认同-进入:欧盟成员资格争议的“核心领域”*
Acta Juridica Hungarica Pub Date : 2015-12-01 DOI: 10.1556/026.2015.56.4.2
Miodrag Jovanovic
{"title":"Sovereignty — out, constitutional identity — In: The ‘core areas’ of controversy of EU membership*","authors":"Miodrag Jovanovic","doi":"10.1556/026.2015.56.4.2","DOIUrl":"https://doi.org/10.1556/026.2015.56.4.2","url":null,"abstract":"The Lisbon Treaty has sparked a new round of debate about the nature of membership in the European Union. Constitutional courts of Germany and the Czech Republic played a prominent role in this debate. Parts of their rulings were framed in the traditional vocabulary of ‘sovereignty’. In this paper, I proceed by showing heuristic limitations of the concept of ‘sovereignty’ in addressing the intricate issue of the EU membership. I will, first, argue that none of the aspects of sovereignty – neither international, nor domestic – is significantly affected by the membership in the Union. Moreover, the sovereignty lenses necessarily put emphasis on the question of the final authority, which legal pluralists rightly reject as misleading in the EU context. This rejection is a result of a genuine “heterarchical” relation between the EU and Member States. As a consequence, the EU membership can be more adequately reconstructed through the constitutional identity lenses. This is what both constitutional courts to a ...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134361317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Till Facebook do us part? Social networking sites and the employment relationship 直到Facebook把我们分开?社交网站与雇佣关系
Acta Juridica Hungarica Pub Date : 2015-12-01 DOI: 10.1556/026.2015.56.4.3
Edit Kajtár
{"title":"Till Facebook do us part? Social networking sites and the employment relationship","authors":"Edit Kajtár","doi":"10.1556/026.2015.56.4.3","DOIUrl":"https://doi.org/10.1556/026.2015.56.4.3","url":null,"abstract":"The growing popularity of social networking sites such as Facebook or Twitter has made a strong impact on the workplace. This essay provides insight into the nature of these relatively new, digital channels of communication as well as the socio-legal environment they function in. How does the presence of social media shape the dynamics of the employment relationship? Can a routine pre-interview Google search lead to discriminatory selection practice? Can negative comments posted online about the management serve as grounds for disciplinary action, including termination? We follow the parties to the employment relationship as they use or abuse the opportunities offered to them by social networking sites; and examine how the employees’ right to privacy and equal treatment is balanced against the employers’ lawful rights and interests. In search of key patterns as well as potential answers, cases from different countries in and outside of the European Union are studied.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116224586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Novelties and consistence in the new minor offense law of Hungary 匈牙利新轻罪法的新颖性与一致性
Acta Juridica Hungarica Pub Date : 2015-12-01 DOI: 10.1556/026.2015.56.4.7
Gergő Czédli
{"title":"Novelties and consistence in the new minor offense law of Hungary","authors":"Gergő Czédli","doi":"10.1556/026.2015.56.4.7","DOIUrl":"https://doi.org/10.1556/026.2015.56.4.7","url":null,"abstract":"This article attempts to present an overview of Hungary’s 3rd generation legislation in minor offenses. Historical references are invoked only if ultimately necessary either for better understanding, or to appreciate the contrast between current provisions and former rules, but usually the paper does not look back any further than the previous act. After a short introduction aimed at comprehending the subject itself, the article presents the concept published by the government, to see what goals it had and to realize how much it has subsequently achieved. The concept and a very short history are followed by a general overview of the new Act as a whole. Chapters 4, 5 and 6 focus on the most fundamental changes, novelties, arguable or simply strange provisions, taking into consideration the substantive, procedural and executional regulations. As disputes arise, I also try to show what, sometimes controversial, solutions legal practice can offer, and to indicate where and how the legislature should consider ...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133202252","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The renewed constitutional level of environmental law in Hungary 匈牙利恢复宪法层面的环境法
Acta Juridica Hungarica Pub Date : 2015-12-01 DOI: 10.1556/026.2015.56.4.5
Gergely Horváth
{"title":"The renewed constitutional level of environmental law in Hungary","authors":"Gergely Horváth","doi":"10.1556/026.2015.56.4.5","DOIUrl":"https://doi.org/10.1556/026.2015.56.4.5","url":null,"abstract":"Environmental law is encroaching into the legal system, because it orders the following of the imperative principle of integration, according to which it is necessary to build environmental considerations and priorities into all norms, plans and activities using or affecting the environment. The highest level of national environmental legislation is the Fundamental Law of Hungary (25 April 2011), which also has new environmentally relevant provisions, which are worth analysingas they serve to protect the natural foundations of life. This assured defence of the interest of future generations stems from the human right to a healthy environment, which is linked to the respect of human dignity and life. This human right belongs to the third generation, the solidarity or collective-developmental group of rights. The Fundamental Law also comprises several subfields of environmental law by mentioning their protected subjects and emphasizing their importance.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125171880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Placing the fundamental law on the scales — Collected interviews on the new Hungarian constitution 把基本法律放在天平上-收集关于匈牙利新宪法的访谈
Acta Juridica Hungarica Pub Date : 2015-12-01 DOI: 10.1556/026.2015.56.4.8
Z. Szabó
{"title":"Placing the fundamental law on the scales — Collected interviews on the new Hungarian constitution","authors":"Z. Szabó","doi":"10.1556/026.2015.56.4.8","DOIUrl":"https://doi.org/10.1556/026.2015.56.4.8","url":null,"abstract":"The fundamental importance of the constitution as the legal norm, at the summit of the law sources hierarchy is highlighted by István Bibó’s authoritative thoughts: “ [...] The community order which regulates human relations is to a certain extent, usually a large extent, open to debate, to the game of powers, to change, and to the amendment of regulation; certain, usually a smaller number, but more important rules are unchangeable, they are to be respected by all and stand above rivalries, party politics and debate. Within the domestic legal order, these rules are usually collectively called the constitution or the fundamental law and although, as a result of political considerations or the work of pedantic lawyers much that could safely be changed is included in these so-called constitutions, while others that indeed require stability are left out.”1 An immense tension is palpable within the sentence with the contrast between stability and change. The title of the paper suggests that this collection of interviews unpacks this conflict of values and it is our (Hungarian) Fundamental law being balanced on the scales. This paper presents disparate opinions of well-known constitutional lawyers who share common views on certain issues, but who, by approaching topics from completely different perspectives, reach varied conclusions. The heterogeneity of opinions suggest varied world views. In some cases, the contradictory answers are confusing, especially with respect to the questions which seem to have only one possible answer. This wide range of perspectives reflects the magnificence of the (legal) sciences and is an evidence of dynamism and progress that ensures the constant grind of scientific research’s gears. This volume provides an effective introduction and explanation to each of these viewpoints and the reader may choose to identify with any of these views.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121136074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Trademark property and human rights 商标产权与人权
Acta Juridica Hungarica Pub Date : 2015-12-01 DOI: 10.1556/026.2015.56.4.1
Sándor Vida
{"title":"Trademark property and human rights","authors":"Sándor Vida","doi":"10.1556/026.2015.56.4.1","DOIUrl":"https://doi.org/10.1556/026.2015.56.4.1","url":null,"abstract":"The article reports on some judgments of the European Court of Human Rights applying the principles of the European Convention on Human Rights in respect of trademarks. The first group of cases relates to the freedom of expression (Art 10). In the cases Tokaji, Marlboro and McDonald’s, the applicants referred to this principle to defend their actions related to the trademark. The second kind of cases relate to the protection of property (Protocol No. 1). In the case of Budweiser the European Court took the position in favor of applying this rule to a trademark application. The third group of cases relates to the right to a fair trial (Art. 6). According to reports on the Orient and McDonald’s cases, the national courts committed important procedural faults. The conclusion of the author is that trademark rights can be protected by means of human rights only in exceptional circumstances.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123501799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Shortcommings of ensuring separate human rights legal regulation in Lithuania while implementing an aspiration of the state under the rule of law 立陶宛在落实法治国家愿望的同时，确保单独的人权法律规制存在的不足
Acta Juridica Hungarica Pub Date : 2015-12-01 DOI: 10.1556/026.2015.56.4.4
Lina Beliūnienė
{"title":"Shortcommings of ensuring separate human rights legal regulation in Lithuania while implementing an aspiration of the state under the rule of law","authors":"Lina Beliūnienė","doi":"10.1556/026.2015.56.4.4","DOIUrl":"https://doi.org/10.1556/026.2015.56.4.4","url":null,"abstract":"This article deals with insights into the analysis of shortcommings of ensuring separate human rights legal regulation in Lithuania while implementing the rule of law. The shortcomings of the Lithuania legislature are highlighted in particular the failure to ensure or inappropriate or insufficient guaranteeing of separate rights.This article has chosen to present herea selection of rights from a wider range of rights to be analysed. This choice reflects not a few but a set of the most striking examples of the shortcomings of the legislature of Lithuania. These examples could be named ‘the most striking’ because the constitutional requirements of the legislature is to ensure that human rights are explained accurately in the wide constitutional jurisprudence, despite this fact they are not sufficiently obeyed. In this article the problem of ensuring two quite different kinds of rights are identified and analysed.These include two civil rights (i.e. the right to freedom from torture and cruel, inhuman or deg...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117104685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Democratic theory and constitutional adjudication 民主理论与宪法审判
Acta Juridica Hungarica Pub Date : 2015-10-16 DOI: 10.1556/026.2015.56.2-3.9
Kálmán Pócza
{"title":"Democratic theory and constitutional adjudication","authors":"Kálmán Pócza","doi":"10.1556/026.2015.56.2-3.9","DOIUrl":"https://doi.org/10.1556/026.2015.56.2-3.9","url":null,"abstract":"By focusing on the practice of constitutional courts this paper aims to present a qualitative-analytical tool which could contribute to a better (self-)understanding and evaluation of constitutional adjudication. Since the specific nature and the very existence of constitutional review necessitates an a priori reflection on the legitimacy, exact function and role of constitutional courts within the democratic system, a multidimensional model of democracy might give some insight into the theoretical background of the court’s decisions in this respect. This level of analysis focuses simply on the question of which ideal type of democracy might be inherent or envisioned in decisions taken by judges of constitutional courts.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"1983 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125450137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The formal and substantive functions of the principle of proportionality 比例原则的形式功能和实质功能
Acta Juridica Hungarica Pub Date : 2015-10-16 DOI: 10.1556/026.2015.56.2-3.8
Zoltán Pozsár-Szentmiklósy
{"title":"The formal and substantive functions of the principle of proportionality","authors":"Zoltán Pozsár-Szentmiklósy","doi":"10.1556/026.2015.56.2-3.8","DOIUrl":"https://doi.org/10.1556/026.2015.56.2-3.8","url":null,"abstract":"This paper focuses on the principle of proportionality as a unique technique used in arguing judicial decisions dealing with fundamental rights disputes. I will contest that the principle of proportionality offers fixed steps of examination and makes the thought process of the court transparent. With this approach, conflicts of fundamental rights cannot be handled as zero-sum games, but as disputes in which it is possible to find a fair balance. Furthermore, the principle of proportionality offers a plausible method of controlling the quality of judicial decisions. The function of the principle of proportionality can be identified from different perspectives. Its formal function is to promote a valid and proper judgment. However, after closer examination one can argue that the formal function of the method is to support (a) the justifiability of the decision, (b) the correctness of the legal interpretation, and (c) the transparency of the arguments used. Besides, there are convincing arguments that the pr...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127940164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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