Theses (ÁJK)

Állandó link (URI) ehhez a gyűjteményhez

https://hdl.handle.net/2437/251432

Theses collection of the Faculty of Law. The collection was started in 2015.

At the University of Debrecen, in accordance with the 2022 amendment to the 2011 Higher Education Act, student theses are only accessible from devices connected to the University's Eduroam WiFi network or from a university IP address.

“The thesis or diploma work of a student who has successfully passed the final examination shall be stored in full in the academic system of the higher education institution, and a record shall be maintained thereof. The stored theses and diploma works – with the exception of parts classified as confidential in accordance with the relevant legislation – must be made accessible and searchable without restriction through the academic system.” Further info on the National Higher Education Act in Hungarian: Felsőokt. tv. (új) - 2011. évi CCIV. törvény a nemzeti felsőoktatásról - Hatályos Jogszabályok Gyűjteménye.

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Megjelenítve 1 - 20 (Összesen 165)

Korlátozottan hozzáférhető
Worker Mobility and Social Security in the EU
Belaaouad, Nor El Houda; Márton Leó, Zaccaria; DE--Állam- és Jogtudományi Kar
This thesis looks at the complex interaction between worker mobility and social policy in the EU framework. It aims to provide a comprehensive analysis of the policies and mechanisms that govern worker mobility and social policy, assess the impact of one on the other, explore existing challenges and understand the policy responses associated with worker mobility and social policy. The link between worker mobility and social policy in the EU represents a complex terrain shaped by competing interests, divergent national priorities and constantly changing socio-economic dynamics. As the EU strives to navigate this terrain, it must remain committed to the principles of solidarity, equality and social cohesion.
Szabadon hozzáférhető
Contractual challenges in the age of Generative Artificial Intelligence
Rusan-Boicu, Anca-Maria; Fézer , Tamás; DE--Állam- és Jogtudományi Kar
This dissertation thesis highlights the main challenges which are brought by Generative AI. It will explore aspects such as the main contractual, intellectual property and data compliance issues and will propose strategies and recommendations for risk mitigation. This dissertation thesis aims to explore and expand the current knowledge and perspectives on the contractual challenges in the age of Generative AI. It explored aspects such as the main contractual, intellectual property, ethical and data compliance issues and proposed strategies and recommendations for risk mitigation. Also, it provides a brief look into some of the AI regulations that exist in the EU, US and ASIA (China, Japan, United Arab Emirates).
Korlátozottan hozzáférhető
THE IMPACT OF DIGITALIZATION ON INTERNATIONAL CONTRACT LAW
Shaheen, Uzma; Thamas, Fezer; DE--Állam- és Jogtudományi Kar
Research on digitalization's impact on international contract law involves extensive data collection from government publications, academic sources, and online platforms. Qualitative methods like interviews and ethnographies help understand digital entrepreneurship's complexities, while sampling techniques ensure diverse representation. Findings, spanning from political leaders to business owners, affect stakeholders. Policymakers should prioritize regulations for innovation and consumer rights, fostering equal participation. Collaboration among governments, corporations, and civil society is crucial for addressing digital challenges and opportunities.
Korlátozottan hozzáférhető
Non-personal data transfer contract regarding EU law: Legal analysis and recommendations
Hoang, Le Ngoc Tien Dat; Fezer, Tamas; DE--Állam- és Jogtudományi Kar
The GDPR was issued which made a significant change in data related activities. There have been numerous cases regarding violations to GDPR leading to an awareness of personal data protection. However, along with the perspective of personal data, non-personal data plays an important role to scientific research and other business activities. It is said that non-personal data is excluded from GDPR as if it does not identify any personal information. By the deep insights on clarification between personal data and non-personal data, it is possible to make non-personal data market to be fulfilled with lucrative business activities. It comes to a consideration that non-personal data transfer contract is the springboard to data market and its necessity raise an alert on legal compliance to EU law. The thesis will concentrate on legal analysis regarding the perspectives of such dimension as the concept of non-personal data, composition of non-personal data transfer contract and its recent relevant empirical practices. Finally, some recommendations is offered to comply with EU's perspective alongside with social progression.
Korlátozottan hozzáférhető
Comparative examination of maternity protection in EU and in Georgia, an analysis of the effectiveness of paid parental leave in promoting gender equality in the workplace
Davlasheridze, Galina; Zaccaria, Leó Márton; DE--Állam- és Jogtudományi Kar
Protection of women's labor rights is one of the most important challenges in today's world. Discrimination based on gender is especially manifested in the physiological conditions of women, during pregnancy and childbirth, which is one of the grounds for violating their rights. The Universal Declaration of Human Rights recognizes the individual's right to work, by accepting which they expressed their will to ensure a dignified human existence. Nevertheless, there are many open and hidden cases of discrimination based on gender in the labor market, which requires the existence of legal and social guarantees in order to prevent it. The main aspiration of the European society in the modern world is the implementation of the principles defined by the European directive in the domestic legislation and the creation of real levers for the enforcement of labor norms. Several international documents and various formats of official relations are the subject of interest and discussion in the creation of decent working conditions for employees in the labor market, in order to ensure equality. The perspective of Georgia's dignified establishment in the European family is represented by the association agreement signed with the European Union in 2014, which promotes economic, legal and political integration between the parties. The reform of the labor legislation of Georgia in 2020 was an echo of this obligation, which implies the implementation of the principles defined by the European directive in the domestic legislation. This paper will analyze all the main aspects related to labor rights and equality in labor relations, both in Georgia and in the European Union. The analysis assesses the impact of paid parental leave and the distribution of family responsibilities on gender equality, considering factors such as labor market participation, career advancement and fathers' involvement in child rearing. The research also aims to study the regulations of national legislation that regulate the right to maternity, paternity and parental leave in the private and public space, evaluate its content and evaluate the minimum standards of human rights protection that are set by the European Union in the context of equality. Based on the comparative method, the study investigates and compares the socio-cultural and economic factors that shape the gender balance in the labor market in both regions. Finally, the history and dynamic description of the evaluation of the legislation of the European Union and Georgia within the framework of the European integration policy towards the field of labor law should be considered as a useful method for the development of the science of labor law.
Korlátozottan hozzáférhető
Regulation of Cryptocurrency and its role in Cross-border Transactions
Abramidze, Elene; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
This thesis explores the regulatory frameworks governing cryptocurrencies in the European Union (EU), MS country – Finland, the United States, and specifically California, and crypto-friendly country – Switzerland and examines their impact on cross-border transactions. The author discusses about cryptocurrencies, digital and virtual currencies that use cryptography for security and operate on decentralized networks based on blockchain technology. They transform the way business transactions are carried out by enabling peer-to-peer transactions without the need for intermediaries. The realistic prospects of cryptocurrency replacing paper money in the future are under consideration. As cryptocurrencies are still relatively new, rapidly growing, and not yet subject to widespread legal regulation, they present a dangerous environment for both individuals and corporations. The legal frameworks of cryptocurrencies in the EU, where the evolving regulatory landscape seeks to balance innovation with consumer protection and financial stability, will be explored. In the US, the regulatory environment is fragmented, with various federal and state agencies asserting jurisdiction, leading to a complex compliance landscape. Switzerland's crypto-friendly policies and the establishment of the "Crypto Valley" in Zug position it as a leading hub for blockchain innovation. California's progressive strategy seeks to promote innovation while maintaining strict regulatory control, while Finland's approach is concentrated on consumer protection and anti-money laundering (AML) measures. This comparative analysis delves into the effectiveness of these regulations in fostering innovation, protecting consumers, and preventing illegal activities. It also examines the role of cryptocurrencies in facilitating cross-border transactions, highlighting their potential to streamline processes, reduce costs, and enhance financial inclusion. Through a comprehensive review of regulatory approaches and their implications for businesses and consumers, the purpose of this thesis is to bring clarity on how cryptocurrency regulation will develop going forward and how important it is to the world's business system.
Korlátozottan hozzáférhető
International Law and the Protection of Human Rights: Contemporary Challenges
Dzholdosheva, Symbat Nurlanovna; Márton Leó , Zaccaria; DE--Állam- és Jogtudományi Kar
This dissertation is a comprehensive study analyzing the main international mechanisms and instruments for the protection of human rights. The work examines key normative instruments such as the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights. The study analyzes the challenges faced by international and national institutions in ensuring respect for human rights in the contemporary world. Separate sections examine the interaction between international law and national legislation, as well as the problem of respecting and protecting rights in the context of globalization and challenges such as women's rights, genocide and respect for human rights in times of war. Thesis is supported by case studies that illustrate both successes and failures in the application of international legal norms in the protection of human rights. Overall, the dissertation provides a valuable contribution to the understanding of the international legal aspects of human rights protection, emphasizing the significance and complexity of the topic in today's world.
Korlátozottan hozzáférhető
Recognition of Cross Border Insolvencies in the European Union
Baldanov, Ruslan; Hajnal , Zsolt; DE--Állam- és Jogtudományi Kar
Existing level of integration entails also single regulation of cross border insolvency issues. Nowadays the EU has accomplished very thorough regulation of cross border insolvency thought all of the Member States. In the thesis was analyzied automatic recognition regime, recognition of main insolvency and insolvency related judgements, and also the effects of recognition. The attention in the thesis is focused on the problem of coordinating cross border insolvency proceedings with non member states (the field where the EU lacks of single regulation). The author also analized the problems of (1) applying foreing procedural law given the fact that lex fori concursus combines substansive and procedural law as well; (2) the impact of opened insolvency proceeding on arbitral clause and (3) possible ways to resolve a conflict between models of insolvency practitioners in Member States' national legislation.
Korlátozottan hozzáférhető
International Law and Counter Terrorism
Davoudi, Mehrshad; Bartha , IIdiko; DE--Állam- és Jogtudományi Kar
My thesis provides a comprehensive examination of the intersection between international law and counterterrorism. It thoroughly explores the concept of terrorism, analyzing it from the perspectives of international criminal law, crimes against humanity, and war crimes. The thesis highlights the complexities and limitations of current international anti-terrorism conventions and statutes, emphasizing the need for more robust and comprehensive legal frameworks. By comparing the legislative and institutional measures of the US and EU, it underscores the necessity for enhanced international cooperation and coordination to effectively combat terrorism. Overall, the thesis offers valuable insights into the challenges and potential strategies for improving global counterterrorism efforts
Korlátozottan hozzáférhető
Implementation of the CISG in Turkey with a Focus on Breaches and Remedies under Two Different Legal Systems
Akgül, Merve; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
The thesis aims to examine the implementation of the CISG in Turkish jurisdiction in cases of contractual breaches. The paper outlines breach of contract and remedies under the CISG and Turkish Sales Law, emphasizing the differences between the two legal systems. In this context, the study explores the challenges the Turkish judiciary faces regarding the implementation and interpretation of the CISG through an analysis of Turkish court decisions. The paper also suggests possible improvements to strengthen the implementation of the CISG. By means of this analysis, the study aims to contribute to a better understanding and more effective application of the CISG in Turkey.
Korlátozottan hozzáférhető
Refugees under International and European Law
Nguyen Ngoc Chau, Anh; Zaccaria Márton, Leó; DE--Állam- és Jogtudományi Kar
As if 2024, at least 108.4 million people around the world have been forced to flee their homes. Among them are nearly 35.3 million refugees. Recognizing that protecting refugees and minimizing refugee waves is an issue of practical and scientific significance for human rights law in particular and international law in general. It is an urgent issue today that international community must be concerned about and attach an importance to as this problem poses serious consequences for countries and persons. In the context of the increasing refugee influx, international, regional, and national law plays a pivotal role in protecting refugees and addressing the aftermath of refugee issues. Protecting the rights of refugees is a shared responsibility of member states.
Korlátozottan hozzáférhető
Anti-Money Laundering in the European Union
Noufal, Araa; Fezer, Tamás; DE--Állam- és Jogtudományi Kar
The EU is a very strong union, both economically and politically. The EU had the ability to define the problem of money laundering and estimate its size, methods, and all its loopholes. The EU policies, such as FIUs, AMLA, and provisional agreement to determine rules for AML, are evidence that the EU has the ability to solve and stop this crime by supporting and enhancing cooperation between the member states and establishing a single preventive and supervisory system. It also supports the exchange of information about criminals between the 27 member states. Including, emphasise the necessity of cooperation between the FIUs, police, and Europol in all the member states. Furthermore, the EU has criminalised this crime in all its forms and it focuses on the loopholes in national laws that money launderers can take advantage of. Moreover, all the directives have one mutual idea: protecting European citizens and the European internal market. This will only happen through the cooperation between member states, the different financial authorities, and the police in the EU to combat this dangerous crime that hides behind more dangerous crimes.
Korlátozottan hozzáférhető
Fundamental breach of contract under CISG and analysis recent case law
Phan, Minh Luu An; Fézer, Tamás; DE--Állam- és Jogtudományi Kar
This paper provides general approaches to “contractual breach” in four countries: France, Germany, China, the USA in the first chapter. The thesis then summarizes important viewpoints in order to comprehend the genuine intentions of the delegates who authored Article 25 of the CISG before delving into the analysis of the fundamental breach aspects. Next, the author examines the elements of fundamental breach and clarifies its requirements through rules applied to the comprehension of the CISG under Article 8 and 9. In closing, according to recent court decisions, this thesis examines the application of Article 25 and provides global businesses with advice on pursuing international sales of goods contracts.
Korlátozottan hozzáférhető
Comparative analysis of Counter Terror Financing Mechanism of the United States and European Union
Fateh, Muhammad; Bartha, Dr. Ildikó; DE--Állam- és Jogtudományi Kar
A concerted international response is required to combat the serious worldwide danger posed by the funding of terrorism. This thesis provides a comparative study of the European Union's and the United States' counter-terrorism finance strategies. Based on legal and regulatory frameworks like the EU Anti-Money Laundering Directives and the USA PATRIOT Act, the research assesses the operational differences, challenges, and effectiveness of these two jurisdictions. By examining case studies and empirical data, this study highlights important strengths, shortcomings, and areas for convergence and development.
Korlátozottan hozzáférhető
What are the economic effects of the Ukraine-Russia war on the European Union
Ahmad, Shoaib; Ildiko, Bartha; DE--Állam- és Jogtudományi Kar
The Ukraine-Russian conflict, an ongoing violation of international law and territorial integrity since 2014, heavily affected economy in the European Union. Within this thesis, the paper reveals the internal nature of the EU's economic difficulties in respect to the Ukraine- Russia crisis, putting emphasis on the EU policy-making, economies, and regional security. The analysis is principally concerned with the course of the conflict and the outcome of it for all the actors of the geopolitical struggle, the competitive situation of the EU and Russia in the Ukrainian context, and the major obstacles which the EU is encountering due to the long-lasting geopolitical dispute. The thesis further considers the central role of the EU and Russia in the strategic competition for influence over Ukraine, including the fact the conflict gradually morphed into a larger contest for the geopolitical supremacy over Eastern Europe. Addition to this, it reviews on the off chance that Russia has been applying economic sanctions, the general response to the crisis and what the broader implications are on the foreign policy framework of the European Union concerning its security. The present research comes to an end with a conclusion that the economic effects of the Ukraine-Russia war lead to the transformation of the European Union economic policy and strategic positioning that has placed long-term pressure issues on internal unity and external relations of the union
Korlátozottan hozzáférhető
A Comparative Study in Fair Dealing Under Copyright Law in India, EU and USA
Wasi, Mohammed; Tamas, Dr Fezer; DE--Állam- és Jogtudományi Kar
Intellectual Property Rights (IPRs) are legal rights governing the use of creations of thehuman mind. The recognition and protection of these rightsis of recentorigin Patents, designs and trademarks are considered as industrial property. As per International Convention forth eprotection of industrial property (ParisConvention) the protection of industrial property has as its object patents. utilitymodels, industrial designs, trade marks, service marks, trade names, indications ofsource or appellations or origin, and the repression of unfair competition (Art 1(2) of Pans Convention,1967) when copyrights,Geographical indicators,layout Designs and confidential information were included to industrial property, they all become intellectual property. The mundane object of IPRS, generally, is to exclude third parties from exploiting protected subject-matter without explicit authorization of the right holder, for a certain duration of time Intellectual property rights help creative and inventive activity of orderly marketing of proprietary goods and services.
Korlátozottan hozzáférhető
RIGHTS OF CABIN CREW AND EXAMINATIONOF THESE RIGHTS WITH REGULATIONS OF THE EUROPEAN UNION
Karaca, Elif Günseli; ZACCARIA, MÁRTON LEÓ; DE--Állam- és Jogtudományi Kar
This thesis examines the rights of cabin crew members within the framework of European Union regulations and their application in different legal systems, including Turkey. It highlights key areas such as working hours, rest periods, social rights, union rights, job security, and compensation. The study underscores the imbalance between the rights of passengers and cabin crew, advocating for harmonized and improved working conditions across EU member states. Additionally, it addresses specific issues like training, combating discrimination, and ensuring occupational health and safety for cabin crew. The research aims to propose solutions for creating a balanced and fair working environment in the aviation sector.
Korlátozottan hozzáférhető
Artificial Intelligence and Personal Data Protection: A Comparative Legal Study of the EU, United States and Pakistan
Awan, Umair Nazir; Bartha, Ildiko; DE--Állam- és Jogtudományi Kar
This paper aims to investigate the interplay of Artificial Intelligence with the aspect of personal data protection by making a comparative analysis of the three well-developed legal systems namely the European Union, United States and Pakistan. It seeks to determine how laws in these jurisdictions govern the relatively new data-intensive AI technologies while considering the factors of innovation and privacy. The gaps and inconsistency of the current regulatory framework are explored for critical points while the topics of automated decision-making, action of algorithms and cross-border data transfers are also emphasized. Using a doctrinal and functionalist approach, this paper assesses right-based regulation from the EU, sectoral and fragmented currents from the US and emerging models from Pakistan. It shows how the GDPR and the AI Act 2024 place the EU in a leadership role while presenting the US as a country of enforcement and Pakistan as a country in its infancy trying to embrace the new legal developments. Subjects like Article 22 GDPR, risk-based regulation of AI and compliance dilemmas for multinational businesses are discussed in detail. The dissertation also examines the effects of regulatory divergence on the business environment for international business, compliance and digital sovereignty. Some of the policies call for risk-tiered regulation, harmonisation by use of digital trade agreements, independent auditing and stakeholder governance. Finally, the dissertation provides a concept that is about the legal regulation of AI and advanced technology based on human rights legal frameworks that are compatible with other global legal systems. It postulates that if there is no proper and coordinated approach towards the regulation of AI, then AI has the potential to deepen Social digital divides and reduce the public faith in the democratic government and advancement in technology.
Korlátozottan hozzáférhető
The European Union’s Legal and Business Response to U.S. Commercial Policies Under the Trump Administration: A Study of Transatlantic Economic Tensions and International Business Law
Ashraf, Chaudhry Hasnat; Hajnal, Zsolt; DE--Állam- és Jogtudományi Kar
The thesis examines the European Union's legal and commercial reactions to America's commercial policies within the Trump administration, most importantly, three significant disputes: the tariffs of section 232 on steel and aluminium, the subsidy dispute of Boeing–Airbus, and tensions on digital services tax (DST). Integrating legal doctrinal analysis and thematic interpretation based on case studies, research scrutinises how the EU dealt with declining multilateral trade norms and reacted to protectionist actions of America by using legal, strategic, and diplomatic means. The results expose that the EU embraced a hybrid strategy—involving using WTO processes to contest U.S. actions as illegitimate while also using countermeasures and backing multilateral reform processes at the same time. At the same time, impacted multinational corporations such as Airbus, BMW, and Google reacted to these conflicts by modifying supply chains, raising legal compliance, lobbying, and pushing for regulatory stability. These dynamics illustrate how legal principles and corporate choice affect international trade regulation. The thesis incorporates theory from realism, legal positivism, transnational legal order theory, as well as liberal institutionalism to account for the EU's double obligation towards legalism as well as strategic flexibility. The thesis contends that today's trade conflicts increasingly speak to an integrated legal–business environment, wherein private and state actors co-produce regulation. The research concludes by calling for WTO reform that more defined legal frameworks for national security exemptions, and faster multilateral negotiations on digital taxation. It also highlights the rising trade diplomacy roles of private parties and the requirement of anticipatory legal instruments to handle disruptions to the international trading environment in advance.
Korlátozottan hozzáférhető
Balancing Confidentiality and Transparency in International Commercial Arbitration
Al Nofali, Shahad; Tamás, Fézer; DE--Állam- és Jogtudományi Kar
Addressing the unresolved issue in international arbitration: how to balance confidentiality, a core advantage of arbitration, with the increasing demand for transparency? As international arbitration continues to evolve in response to globalization and legal reform initiatives, the need to reassess established practices becomes urgent. By conducting a comparative analysis of the ICC Arbitration Rules and UNCITRAL Arbitration Rules, this study aims to examine how confidentiality and transparency are managed under these institutional frameworks. It further explores the practical challenges faced by parties and arbitrators in maintaining confidentiality while complying with emerging transparency obligations. Given the nature of international arbitration, which often involves limited public access to arbitral decisions, the research relies significantly on institutional publications, arbitral practices, and commentaries by practitioners and academics to supplement gaps in publicly available case law.

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