发布求助
文献互助 智能选刊 最新文献

Acta Juridica Hungarica最新文献

筛选
英文 中文
Legislative initiative of citizens in Romania and at the European level 罗马尼亚和欧洲公民的立法倡议
Acta Juridica Hungarica Pub Date : 2014-06-28 DOI: 10.1556/AJUR.55.2014.2.6
C. Stoica, Marieta Safta
{"title":"Legislative initiative of citizens in Romania and at the European level","authors":"C. Stoica, Marieta Safta","doi":"10.1556/AJUR.55.2014.2.6","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.2.6","url":null,"abstract":"The citizens’ initiative right enables them to directly articipate in the law-making process. Issues of great social importance can thus be brought to the attention of the ordinary legislator who is called to embed into a normative content the will of those whom it represents. The importance of the citizens’ initiative right for the strengthening of democracy led to its enshrining into States’ Constitutions, as well as its stipulation into EU regulations. Nonetheless, even though, in theory, the citizens’ initiative right represents a basic element in terms of participation of the people in the democratic decision-making process, in practice, the purpose of the regulation has not been reached. Thus, the citizens’ initiative right is rarely exercised, also because of a lack of information on its utility, significance and mechanisms. Based on these realities, within this study, we shall carry out an examination of the regulations concerning citizens’ legislative initiative in Romanian law and at the Europea...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131498402","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
Considerations regarding the European system for the protection of economic, social and cultural rights 关于欧洲保护经济、社会和文化权利制度的考虑
Acta Juridica Hungarica Pub Date : 2014-06-28 DOI: 10.1556/AJUR.55.2014.2.4
Cristina Sâmboan
{"title":"Considerations regarding the European system for the protection of economic, social and cultural rights","authors":"Cristina Sâmboan","doi":"10.1556/AJUR.55.2014.2.4","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.2.4","url":null,"abstract":"Phrased in idealistic terms and having benefited from positive and fastidious correlative obligations, economic, social and cultural rights (ESCR) — also termed “claim-rights” — have long been regarded as “poor relatives” of their elder “brothers”, i.e. civil and political rights (CPR) or “liberty-rights”, which are surrounded by an aura of historic authority and judicial force. These rights have often been pushed by doctrine towards the field of legal rhetoric. However, jurisprudence has proved that, despite such criticism, ESCR may well be subject to judicial control, either by the indivisibility principle of human rights or interpreting correlative obligations. The article aims to show that, by virtue of its complex structure, the European system for the protection of human rights contributes to enhancing the judicial efficiency of ESCR in social space. The understanding of this phenomenon may be used by the national advocate for a more efficient handling of international instruments for the protection...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123282371","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 ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN KUWAIT 外国仲裁裁决在科威特的执行
Acta Juridica Hungarica Pub Date : 2014-06-24 DOI: 10.1556/AJUR.55.2014.3.5
Saad Badah
{"title":"THE ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN KUWAIT","authors":"Saad Badah","doi":"10.1556/AJUR.55.2014.3.5","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.3.5","url":null,"abstract":"This article is an analysis of the enforcement of foreign arbitral awards in Kuwait, an Islamic nation governed by Sharia law. The need for this analysis stems from the potential conflict between the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the ‘New York Convention’) (which came into effect in Kuwait on 27 July 1978) and Sharia law and the need to merge the two into a cohesive legal system. The Gulf Cooperation Council (GCC) has a representative office in Kuwait that facilitates the applicable provisions contained therein.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114629329","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
The Concept of 'Union Interest' in EU External Trade Law 欧盟对外贸易法中的“联盟利益”概念
Acta Juridica Hungarica Pub Date : 2014-05-01 DOI: 10.2139/SSRN.2587705
Balázs Horváthy
{"title":"The Concept of 'Union Interest' in EU External Trade Law","authors":"Balázs Horváthy","doi":"10.2139/SSRN.2587705","DOIUrl":"https://doi.org/10.2139/SSRN.2587705","url":null,"abstract":"The category of ‘Union interest' plays a specific role in EU common commercial policy. Its significance is especially substantial in the field of trade defence instruments. Even though trade defence instruments reflect on international trade distortions, their main objective is to protect European industries and other economic operators against the injurious practices of competitors from third countries, the imposition of restrictive trade measures might not only offer advantages to the affected EU industries, but also disadvantages to other actors in the European Union. Consequently, the Union interest test makes sure the other side of the coin is looked at and the European Union is prevented from imposing trade defence instruments, when the negative impacts on certain interested actors are clearly disproportionate to the positive impacts the trade defence measure might have on the protected EU industries. The current paper is focusing on the nature and character of the ‘Union interest’. The paper starts by defining some basic concepts regarding the EU interests in EU law, examines the nature of ‘Union interest’ in the trade defence procedures, and then attempts to reflect on the new trade enforcement regulation and the EU general trade interests.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131826877","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
Ensuring equal legal aid to the citizens in the European Procedural Law 在《欧洲诉讼法》中确保公民享有平等的法律援助
Acta Juridica Hungarica Pub Date : 2014-03-22 DOI: 10.1556/AJUR.55.2014.1.4
O. Petrescu
{"title":"Ensuring equal legal aid to the citizens in the European Procedural Law","authors":"O. Petrescu","doi":"10.1556/AJUR.55.2014.1.4","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.1.4","url":null,"abstract":"“The right of poor persons” or legal aid, as part of the free access to justice and a fundamental right of the citizens, represents one of the most important components of the right to defence in proceedings brought before the European Union’s courts, if we include also the exemption of taxes and other financial obligations that can be ordered whenever individuals for financial reasons, cannot afford hiring a lawyer, no matter the object of the dispute, such as: civil, labour, administrative etc.This right is provided for both in the European primary and secondary legislation, including in Article 47 para. 3 of the Charter of Fundamental Rights of the European Union, and also at the national level, namely in the national constitutions and legislations of the 28 Member States.Establishing minimum common rules relating to legal aid for disputes by the Council Directive 2003/8/EC in January 2003 to improve access to justice in cross-border disputes is considered to be a cornerstone in respecting the principl...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129404732","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 issue of the strengthening public role in making environmentally significant decisions at the international and national level, with special reference to Russian legislation 加强公共在国际和国家一级作出重大环境决定方面的作用的问题，并特别提到俄罗斯立法
Acta Juridica Hungarica Pub Date : 2014-03-22 DOI: 10.1556/AJUR.55.2014.1.5
A. Anisimov, A. Ryzhenkov
{"title":"The issue of the strengthening public role in making environmentally significant decisions at the international and national level, with special reference to Russian legislation","authors":"A. Anisimov, A. Ryzhenkov","doi":"10.1556/AJUR.55.2014.1.5","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.1.5","url":null,"abstract":"In the 21st century new environmental threats ignoring states’ borders have appeared. They include the negative impact of nanotechnologies on the environment, the interference in hydro-meteorological processes and some others. The subject of this research is the effect of international and national regulations, court decisions and other law enforcement practices on the field of public participation in making environmental decisions. The purpose of this paper is to formulate the measures for further development of the public participation principle and improvement of the legal protection of the environment as a whole. As a result, key terms, international and national acts, individual problems of enforcement are characterized. Based on the analysis of national legislation and EU directives the authors justify the necessity to develop the international instruments governing intervention in natural processes, and interpret a number of environmental evaluation and legal categories.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129089233","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
The nature and theoretical limits of adjudicative formalism in contemporary Anglo-Saxon legal theory 当代盎格鲁-撒克逊法律理论中裁判形式主义的本质与理论局限
Acta Juridica Hungarica Pub Date : 2014-03-22 DOI: 10.1556/AJUR.55.2014.1.3
Krisztina Ficsor
{"title":"The nature and theoretical limits of adjudicative formalism in contemporary Anglo-Saxon legal theory","authors":"Krisztina Ficsor","doi":"10.1556/AJUR.55.2014.1.3","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.1.3","url":null,"abstract":"In this essay, the author attempts to reveal the character and theoretical limits of judicial formalism. Formalism is a normative theory of adjudication which means that it provides determined answers to the question of how judges should decide legal cases. Judicial formalism is related to the view that legal reasoning is a special area of practical reasoning because legal reasoning should rely on reasons and arguments that stem from a limited domain of practical reasons: lawyers should justify legal decisions by relying on the reasons that originate in socalled source-based law. However, one of the tasks of legal theory is to solve the problem of judicial formalism which arises during legal practice. It can often occur that the decision, which follows clearly from the sourcebased law, is unjust or unfair if we take all relevant factors and the wider context of the case into consideration. The theoretical issue is whether judges are allowed to depart from the source-based law and if they are, in what type...","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129872647","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 constitutional landscape after the fourth and fifth amendments of Hungarian Fundamental Law 匈牙利基本法第四和第五次修正案后的宪法格局
Acta Juridica Hungarica Pub Date : 2014-03-22 DOI: 10.1556/AJUR.55.2014.1.1
Imre Vörös
{"title":"The constitutional landscape after the fourth and fifth amendments of Hungarian Fundamental Law","authors":"Imre Vörös","doi":"10.1556/AJUR.55.2014.1.1","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.1.1","url":null,"abstract":"The essay analyses the fourth and fifth amendments of the Hungarian Fundamental Law with special respect to the opinion of the Venice Commission and the resolution of the European Parliament. It will be pointed out that the fourth amendment transferred several legal regulations into the Fundamental Law which were previously qualified as unconstitutional by the Hungarian Constitutional Court. The Fundamental Law contains at the same time the declaration of a fundamental right and the unconstitutional limitation of it by the latter regulation. The inconsistency is evident, therefore the Constitutional Court has to choose in the future between the contradictory constitutional regulations. A possibility to solve this dilemma could be the separation of the legal norms of the constitution as lex generalis (e.g. rule of law, human dignity) and lex specialis which could not derogate the lex generalis, and ca nnot be applied accordingly.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124267781","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: 13
The right to housing in the context of Nigerian law and human rights practice 尼日利亚法律和人权实践背景下的住房权
Acta Juridica Hungarica Pub Date : 2014-02-04 DOI: 10.1556/AJUR.55.2014.1.2
Emeke Chegwe
{"title":"The right to housing in the context of Nigerian law and human rights practice","authors":"Emeke Chegwe","doi":"10.1556/AJUR.55.2014.1.2","DOIUrl":"https://doi.org/10.1556/AJUR.55.2014.1.2","url":null,"abstract":"Every society needs a set of laws which stipulates the rights and duties of citizens, as well as regulate the conduct of the society. But law is often perceived as repressive and unpopular by majority of the urban poor in many developing countries who feel that the law has done little or nothing to ameliorate their sufferings. For example, new evidence from satellite images has revealed the true extent of forced evictions going on in Badia East-Lagos, one of Nigeria’s mega cities. The pictures taken during and after the demolitions carried out by the Lagos State government on 23rd February 2013, clearly shows that a densely populated area containing concrete housing and other structures was razed to the ground. Given the importance of housing to the overall development and existence of mankind, it is necessary to first determine the existence of a legal right to adequate housing to warrant a demand by the citizen to fulfil this right and in order to appreciate the need for government intervention in this area.","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"72 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130739945","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
A Legal Analysis of the British East India Company 英属东印度公司的法律分析
Acta Juridica Hungarica Pub Date : 2013-12-12 DOI: 10.1556/AJUR.54.2013.4.2
B. Sahni
{"title":"A Legal Analysis of the British East India Company","authors":"B. Sahni","doi":"10.1556/AJUR.54.2013.4.2","DOIUrl":"https://doi.org/10.1556/AJUR.54.2013.4.2","url":null,"abstract":"This article examines the corporate conduct of the British East India Company (1600–1874). The EIC was a state corporation that required the participation of private actors in England and British colonies. In India the EIC established a fi rm presence for the British Empire. British rule was profi table for the Crown but had pros and cons for the people of India. This article asks: Is a state corporation accountable for unethical and illegal profi t making in another country? Or can it be excused on the grounds that a company is a mere artifi cial personality and incapable of human behavior?","PeriodicalId":284706,"journal":{"name":"Acta Juridica Hungarica","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127667168","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
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：604180095
Book学术官方微信