{"title":"Concluding International Investment-Related Agreements with Non-EU Countries","authors":"Federica Cristani","doi":"10.47078/2022.1.41-56","DOIUrl":"https://doi.org/10.47078/2022.1.41-56","url":null,"abstract":"The 2009 Lisbon Treaty has added an important exclusive competence for the European Union (EU) in the common commercial policy area, namely, foreign direct investment, thus making it a crucial actor in international investment protection. This has a huge impact on shaping international investment policy in Europe and has raised important questions, especially regarding the legal consequences of the EU’s exclusive competence in the negotiation process of international investment agreements (IIAs) with third countries. This article explores the role of the EU and its member states in negotiating and concluding IIAs with third countries. In the first part, the article illustrates when individual member states are authorized to conclude a new bilateral investment treaty with a third country, with a focus on the EU´s Regulation No 1219/2012 and its implementation. In the second part, the article questions what it means for the EU and its member states to conclude investment mixed agreements with third countries, how the negotiation processes are conducted, and what is the impact of the division of competences between the EU and its member states. The final part of the article shows the current issues of ius standi and financial responsibility in investment dispute settlement involving foreign investors, with a focus on the EU´s Regulation No 912/2014 and the negotiation processes of the EU with third countries.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123247060","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}
{"title":"The Christian Roots of Hungary’s Fundamental Law","authors":"B. Schánda","doi":"10.47078/2022.1.195-202","DOIUrl":"https://doi.org/10.47078/2022.1.195-202","url":null,"abstract":"According to the statements made on the fifth anniversary of the Fundamental Law, the truly important question is what the chances are that the Fundamental Law will live to see its fiftieth anniversary. In this regard, the defining content is important and not the form: Will the essence that defines the nature of the Fundamental Law withstand the test of time? The identity of the Fundamental Law is determined by its commitment and not the various technical legal details. The substantive question remains the same on the tenth anniversary: Is it possible to preserve a vision of man based upon the harmony between individual freedom and responsibility for the community; and the commitment to the identity of the state and nation, the matters of the state, and marriage and the institution of family?","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127121327","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}
{"title":"The Regulation on Cross-Border Land Acquisition in Poland","authors":"P. Blajer","doi":"10.47078/2022.1.9-39","DOIUrl":"https://doi.org/10.47078/2022.1.9-39","url":null,"abstract":"The aim of this article is to present those regulations of Polish law that have the most significant impact on the phenomenon of cross-border land acquisition in Poland. This issue is currently one of the most intensively discussed questions, both at a political and a strictly theoretical level, primarily in the context of land grabbing. Without exaggeration, this problem has a decisive impact on the current shape of real estate trading in Poland. The implementation of the assumed research goal is carried out by the analysis of the basic protective instruments contained in the Act on the acquisition of real estate by foreigners, as well as in the Acts relating to the transactions concerning agricultural and forest land, i.e. in the Act on shaping the agricultural system and in the Act on forests. As a result of the research carried out in the article, it was indicated that today – in view of the diminishing importance of traditional protective instruments specified in the Act on the acquisition of real estate by foreigners – the most significant influence on the phenomenon of cross-border land acquisition in Poland have legal acts relating to the transactions concerning agricultural and forest land, which is the result of broadly defined definitions of \"agricultural real estate\" and \"forestry land\". In practice, these acts also significantly affect the acquisition of real estate located in cities, as well as real estate whose agricultural and forestry functions are more than questionable. The system of protection against uncontrolled purchase of real estate by foreigners in Poland, provided for in the above-mentioned legal acts, is relatively tight and comprehensive, and even complicated, which obviously influences the increased investment risk when acquiring real estate in Poland.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116899056","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}
{"title":"Christian Values in the Constitutions of Serbia and Greece","authors":"D. Đukić","doi":"10.47078/2022.1.57-74","DOIUrl":"https://doi.org/10.47078/2022.1.57-74","url":null,"abstract":"Christian values are the foundation of modern European societies. Suffice it to say that the most important European philosophers and cultural movements have originated from Christian environments. The constitutional history and tradition of the majority of the European countries are proof of the strong influence of Christianity and Christian churches on the creation and constitutional organisation of the modern European states. The subject matter of this work is a comparative analysis of the current Constitution of the Republic of Serbia and the Constitution of Greece, with the aim of identifying the Christian values comprised in their constitutional provisions. This work has two fundamental hypotheses. The first one is that the constitutions of both these countries comprise a substantial number of constitutional norms with Christian origins and foundations. The second hypothesis is that the Constitution of Greece comprises more provisions that demonstrate close connections between the state and Christianity. This is a consequence of the fact that in Greece, there have been no interruptions in the continuity of the constitutional tradition, unlike the case with Serbia during the communist rule.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134162477","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}
{"title":"Remarks on Church Property Restitution in Romania, with Special Focus on the Case of the Székely Mikó College","authors":"Emőd Veress","doi":"10.47078/2021.2.221-240","DOIUrl":"https://doi.org/10.47078/2021.2.221-240","url":null,"abstract":"The Soviet-style dictatorship nationalized church property, primarily educational and social institutions, run by the historical churches of national minorities. After the collapse of this political regime, a quest for restitution began, which raised complex private law issues. Finally, legislation favorable for restitution was created. However, the application of the legislation unchanged in its relevant provisions has two distinct phases: the first one is favorable for restitution. The second phase started after the Romanian accession into the EU, and NATO was less favorable. The external pressure for restitution, based on the rule of law, diminished. The restitution of the national minority church property today is largely perceived as a process conflicting with Romanian national interest. These changes and the complex legal problems raised and misused even by courts are illustrated in the case of Székely Mikó College.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"221 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115655705","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}
Boglárka Bólya, Bence Ákos Gát, Olivér Márk Kilényi, L. Kiss, Helga Marik, Anna Vajas, L. Dornfeld
{"title":"Summary of the ‘Dialogue on the Future of Europe: Building a Digital European Union’ Conference Organised by the Ministry of Justice and the Ferenc Mádl Institute of Comparative Law as Part of the ‘Conference on the Future of Europe’ Series","authors":"Boglárka Bólya, Bence Ákos Gát, Olivér Márk Kilényi, L. Kiss, Helga Marik, Anna Vajas, L. Dornfeld","doi":"10.47078/2021.2.259-270","DOIUrl":"https://doi.org/10.47078/2021.2.259-270","url":null,"abstract":"On June 21, 2021, the Hungarian Ministry of Justice (Deputy State Secretariat for EU Relations) and the Ferenc Mádl Institute of Comparative Law (MFI) organised a high-profile international conference entitled ‘Dialogue on the Future of Europe: Building a Digital European Union’ as part of a series in which two previous conferences were held on June 25 and September 21, 2020. By organising these events, Hungary is among the first Member States to launch a dialogue as part of a series of discussions on the future of Europe. As a proactive actor, Hungary has contributed to the ongoing exchange of views offering a comprehensive assessment of and approach to the digital developments and perspectives of the European Union. The June 21, 2021 conference – composed of three thematic panel discussions – focused on the future of digitalisation and competitiveness in the European Union. Highly accomplished national speakers such as Hungarian Minister of Justice Judit Varga and Hungarian Member of Parliament and President of the Economic Committee Erik Bánki and international speakers such as Commissioner Mariya Gabriel and State Secretary Ana Paula Zacarias gave presentations outlining their visions. This article summarizes those presentations. In addition to public officials and economic actors, academic experts and researchers on digital transition also gave presentations at the conference. The conclusions drawn from their exchanges of views seek to contribute to the creation of sensible decisions leading towards a digital future, while also raising public awareness regarding digitalisation, a realm of growing influence on policymaking.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"353 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115920999","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}
{"title":"Some Values and Guarantees in the Ten-Year-Old Hungarian Constitution, with a Look at the Constitutional Arrangements of the Countries Founding the European Integration","authors":"J. Szilágyi","doi":"10.47078/2021.2.197-219","DOIUrl":"https://doi.org/10.47078/2021.2.197-219","url":null,"abstract":"In this study, certain values and guarantee institutions of the Hungarian Fundamental Law are analysed in the light of the constitutions of the countries that have established European integration – Germany, France, Italy, and Belgium. Among the value systems, Christian culture and the family have been examined, while the study has also focused on the guarantees important for living conditions, such as strict public finance provisions, rules on emergency powers, and provisions guaranteeing a high level of protection for future generations and the environment. In addition to the analysis of the constitutions, the study makes several references to the jurisprudence of the countries concerned and to the most important aspects of constitutional developments in recent years.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"2015 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132448830","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}
{"title":"Statehood: the Essential Prerequisite for Law and Liberty","authors":"J. Laughland","doi":"10.47078/2021.2.127-143","DOIUrl":"https://doi.org/10.47078/2021.2.127-143","url":null,"abstract":"The attempt to subject Poland and Hungary to procedures under EU law for allegedly not respecting European values has its roots both in the supranational nature of the EU project and also in the differing concepts of the nation in the Eastern and Western halves of the continent. The hegemonic West is deeply post-modern while former Communist states have retained some faith in the nation. Globalisation generally, and the EU project in particular, are based on functionalist assumptions whose origins lie in the early 19th century, yet these fail to understand the eminently political nature of law: all jurisdictions are rooted in society and the state and it is the role of government to adjudicate between the competing claims of citizens. This makes it very difficult, impossible even, to formulate universal rights since their formulation and application depend on interpretation, i.e. on jurisdiction, and therefore on the sovereignty of the ultimate decision-maker.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"601 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116304722","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}
{"title":"Intergenerational Transfer of Family-Run Enterprises in Slovenia in Comparison with German Law","authors":"Gregor Dugar","doi":"10.47078/2021.2.27-37","DOIUrl":"https://doi.org/10.47078/2021.2.27-37","url":null,"abstract":"After the Republic of Slovenia declared its independence in 1991 and adopted a new constitution, business in the country began to increasingly develop. Now, 30 years since declaring independence and the start of business development, we are witnessing the retirement of the first generation of business owners, and it is reasonable to expect the rise of such examples in the following years. With the change in generation and retirement of the first generation of business owners, the question arises as to how to legally regulate the transition of family companies to younger generations, with the objective of keeping the company within the family circle and avoiding fragmentation of the company because of a higher number of potential heirs. This article presents information on the transfer of a family company to the next generation with sole traders, personal companies, and companies with share capital in comparison to German law.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125316163","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}
{"title":"Ethnic Data Collection for Educational Purposes and the Situation of Segregation in Some Western and Central and Eastern European Countries","authors":"György Marinkás","doi":"10.47078/2021.2.145-166","DOIUrl":"https://doi.org/10.47078/2021.2.145-166","url":null,"abstract":"The aim of this article is to examine the legislation of selected European countries on the collection of ethnic data for educational purposes and how these legislations are put into practice. The author also examines whether educational segregation exists in the selected countries and attempts to draw conclusions about the possible link between the collection of ethnic data for educational purposes and the existence of segregation. In the last part of the article, the author introduces good practices in the fields of desegregation and inclusive education.","PeriodicalId":325719,"journal":{"name":"Central European Journal of Comparative Law","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122090500","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}