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Tétel Szabadon hozzáférhető új területi hulladékgazdálkodási hatóságok szerepe az elhagyott hulladék felszámolásában(2023-12-20) B. Gyurkó, BrigittaIn March 2021, the Government further transformed the organizational side of environmental protection and created new waste management authorities. The national and regional waste management authorities are embedded in the county government office system. The responsibilities of the waste management authorities are multifaceted, however, implementing regulations are not available in all cases. Regional waste management authorities play a significant role in the elimination of abandoned waste. In recent years, in compliance with European Union regulations, landfills operating without a permit have been abolished. Sanctions imposed by the authorities in the case of illegally abandoned waste contribute to reducing the amount of illegally disposed waste. The new waste management authorities can promote the creation of a circular economy, but only if the legislator creates the missing legal and technical conditions.Tétel Szabadon hozzáférhető pszichoaktív szerhasználók állatokhoz fűződő viszonya(2023-12-20) Vetter, Szilvia; Paulovics, AnitaThe purpose of the study is to present the wide-ranging relationship between psychoactive drug use and animal welfare based on a literature review. The relationship between drug users and animals is on the one hand under-researched, and on the other hand there are no developed protocols regarding the issue, even though the issue has significant human health and animal welfare effects. There is little awareness of how the positive health and psychological effects of animal keeping could be properly applied to the recovery of people suffering from addiction. There are encouraging initiatives, but there is a lack of a systemic approach to the issue from the side of academic life, professionals and the state, from the protocols, and from the training of people in the helping professions. In Hungary, both psychoactive drug consumption and animal keeping have a detailed and developed legal background, however, the mapping of their connections is still pending. While the literature focuses more on the aggressive actions that addicts may be prone to, practitioners tend to emphasize the supportive force that a companion animal can provide in recovery. In light of all of this, further studies on the subject are recommended, and it would be worthwhile to consider the systematic, more consistent and conscious integration of the use of animals at the legislative level and into some therapeutic protocols.Tétel Szabadon hozzáférhető kevesebb néha több?(2023-12-20) Kelemen, Bálint CsabaAt the time of the codification of first Hungarian Code of Criminal Procedure, the legal literature regarded the limited scope of second-instance revision as a limitation of appeal in favour of the defendant, and placed it in this sense inside the procedural doctrinal system. This idea, which is quite alien to contemporary procedural thinking, which focuses on speeding up and facilitating proceedings, raises the question: what are the principles on which the limited scope of review is considered as a guarantee for the defendant? In order to answer this question, my aim in the present study is to explore the system of principles that shaped the turn-of-the-century jurisprudence concerning the legal power of the second instance to grant review.Tétel Szabadon hozzáférhető Költségvetési kondicionalitás az EU szabályozásban(2023-10-06) Halász, ZsoltThis paper analyses the evolution, objectives, and instruments of fiscal conditionality legislation of the European Union. The author provides a detailed analysis of the relevant elements of the existing legislation, as well as the recent judgments of the Court of Justice of the European Union on the subject. The paper demonstrates that the Financial Conditionality Regulation is not an instrument for protecting the rule of law in general, but its general purpose is to protect the EU budget by enforcing the fundamental requirements deriving from the rule of law.Tétel Szabadon hozzáférhető Okos szerződések, blokklánc-technológia és egy gondolatkísérlet mindezek alkalmazására a közigazgatásban(2023-10-06) Czékmann, Zsolt; Kovács, László; Czibrik, EszterThe study focuses on smart contracts, emphasizing the opportunities provided by blockchain technology. The main research method used is an examination of relevant domestic and foreign sources on the topic, such as studies and legislation. In addition, we formulate a proposal on how smart contracts and blockchain technology could be applied in public administration, focusing on the real estate registration procedure .Tétel Szabadon hozzáférhető uniós jog alkalmazásának sarokpontjai az Alkotmánybíróság újabb gyakorlatában(2022-06-02) Kiss, Árpád LajosThe present article examines the recent case law of the Hungarian Constitutional Court as regards the constitutional framework and the judicial practice of the application of EU law. After a short overview of the early precedents, the article focuses on the case law subsequent to the adoption of the new Fundamental Law in 2012. In the recent decisions the need for cooperation with the EU Court of Justice is of special importance so the article reflects on this issue as well. The first part scrutinizes the case law concerning the constitutional limitations and control measures of the application of EU law, including the landmark decision of 22/2016 (XII. 5.). The second part focuses on the decisions delivered in constitutional complaint proceedings, which determine the constitutional requirements of the preliminary rulings procedure and the judicial obligation to give a reasoned decision.Tétel Szabadon hozzáférhető Recenzió Fenyvesi Csaba–Herke Csongor–Tremmel Flórián (szerk.) Kriminalisztika című tankönyvéről(2023-10-06) Szabó, KrisztiánAlthough the prosecution of crimes dates back to the creation of the human society, the „science” of investigation in the modern sense, i.e. forensic science, appeared only in the 19th century, and the first comprehensive university textbook on forensic science was published in Hungary in 1965. In the 60 years since then, thanks to the explosion of scientific and technical knowledge, forensic science has undergone radical changes. Edited by Csaba Fenyvesi, Csongor Herke and Flórián Tremmel, the book on Forensic science provides a comprehensive introduction to the concepts of forensic science, the most important elements of criminal technique and criminal tactics. The book is a valuable contribution to the field of forensic science and provides a realistic picture of both the present and the possible future of forensic science. This book review discusses the importance of the book for forensic science, based on certain specific institutions of forensic science.Tétel Szabadon hozzáférhető Különleges szakismeret birtokában(2022-06-10) Kovács, Orsolya EszterThe book titled "Current Challenges of Expert Evidence” by Mónika Nogel published in 2020 is reviewed in the present article. The review focuses mainly on the author’s thesis which restores confidence in forensic expert reports by constructing the definition of credibility and its criteria.Tétel Szabadon hozzáférhető Jogállam – cselekvő állam(2022-06-02) Szabadfalvi, JózsefZoltán Magyary was an internationally recognised Hungarian professor of law who carried out research in modern theories of administration and state theories. Defending the values of the rule of law and taking action against the anomalies of legal formalism were among his major scientific goals. According to him, one of the most important functions of a legal system is the protection of human rights, therefore he accepted the view that courts must have the authority to review administrative decisions. At the same time, he stated that the effective and productive functioning of administrative institutions and the executive power is a priority in a legal system. Due to the fact that he did not provide a complete analysis of the correlation between the rule of law and the effective functioning of administrative institutions, he opened the possibility for posterity to give various and different interpretations of the issue.Tétel Szabadon hozzáférhető pszichológiai szerződés elméletének egyes munkajogi kapcsolódási pontjai(2022-06-02) Tóth, KristófThe aim of this paper is to present the central-topics of psychological contract theory, focusing on the relevant labour law contexts. The main research method used is an examination of relevant studies, articles and monographs on the topic, a secondary analysis of empirical research data systematically compiled by the authors, and an exploration of the main labour law aspects and contexts. The difference between an employment contract and a psychological contract is that while the former is a written, legally binding contract, the latter is a theoretical, abstract construct that contains the mutual and implicit expectations of the parties. A psychological contract therefore falls into the category of "extra-legal" contracts, but in certain cases, especially in the event of breach of contract, it may have legal relevance.Tétel Szabadon hozzáférhető Kockázatok és mellékhatások(2023-10-06) Horváth, Attila; Ungvári, ÁlmosIn recent years, several judicial and constitutional court decisions have been handed down worldwide on the legality and constitutionality of the fundamental rights restrictive measures (including compulsory vaccination) imposed during the pandemic. Aside from Austria, Italy has imposed compulsory vaccination more widely than any other European country; moreover, the lack of vaccination has made it impossible for citizens to live their daily lives to such an extent that some scholars have even written of de facto compulsory vaccination. In December 2022, the Italian Constitutional Court ruled in three judgments against the petitions related to compulsory vaccination. After outlining the legal context and the scholars’ positions on mandatory Covid vaccination, this paper examines these decisions, focusing on the arguments on which the Court saw justification for compulsory vaccination.Tétel Szabadon hozzáférhető Brit-szigetek és az Arktisz(2023-02-01) Haitas, Daniel; Antal, KittiThe article explores certain past and present aspects of Britain’s engagement with the Arctic. More specifically, it looks at English and Scottish connections with the area of Spitsbergen (present-day Svalbard, Norway), focusing on exploration and whaling, as well as competition with European powers. Certain legal issues that subsequently arose over the course of time regarding the area are also looked at. Additionally, it examines modern tensions surrounding Svalbard, between the European Union and Norway in the aftermath of Brexit, specifically due to the allocation of fishing quotas. This illustrates the impact that Brexit has had in various different areas. The study also deals with the United Kingdom’s present engagement with the Artic, including Scotland’s attempt at formulating an independent Arctic policy.Tétel Szabadon hozzáférhető fenntartható foglalkoztatás kihívásai(2022-12-22) Jakab, Nóra; Molnár, BarbaraWhen 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.Tétel Szabadon hozzáférhető munkavédelem jelentősége a munkáltató kártérítési felelősségének megítélése során(2022-07-06) Tóth, KingaEmployers are deemed responsible for the health and safety of their employees while they are at work. This study's focus is the exemption from liability based on the foreseeability principle introduced to the Labour Code in 2012. Despite the proclaimed policy change, courts have remained reluctant to grant immunity to employers based on Article 166 of the Labour Code in case of workplace accidents. The uncertainty of interpretation hinders the execution of the new policy and questions the importance of proper health and safety measures implemented by employers to avoid liability. The study focuses on recent case law and employers' practice. The first part analyses the conclusions establishing business decisions of the employers, further investigating the cost performance conduct: pay a fine or spend on safety and health measures. The second part of the study examines cases related to workplace accidents, which are divided into five groups. This group's special attention given to liability in case of extreme weather conditions, third-party accidents, work safety rule violations, accidents, employers' inspection obligations, and other cases.Tétel Szabadon hozzáférhető Recenzió Sipka Péter „A munkáltatói kárfelelősség elmélete és gyakorlata” című monográfiájáról(2022-12-22) Grósz-Wilhelm, NikolettPéter Sipka’s book was published in 2021 by HVG-ORAC under the title “Employer’s Liability in Theory and Practice”. On the one hand the author analyses the system of liability in depth, on the other hand the author widely describes the court decisions. Thanks to the monograph the reader can get to know the legal institution of employer’s liability for damage to employee’s health in its complexity. In addition to the examination of labor law, the connections between occupational safety and social security are also described.Tétel Szabadon hozzáférhető beneficium novorum a 19-20. századi magyar perjogi reformtörekvések tükrében(2022-12-22) Szivós, KristófThe study examines the historical development of the beneficium novorum in the 19 th and 20 th century. This legal institution means the right of the parties to make such submissions that had not been made in first instance proceedings. Act I of 1911 (the first Hungarian code of civil procedure) made it possible without any boundaries based on the appellatio of Roman law. Act 1930 of XXXIV, however, restricted the freedom of submission in time with the enforcement of the principle of contingent cumulation. The study has a practical approach since it examines the question through archive sources and high court decisions. It argues that the application of the principle of contingent cumulation in the appeal proceedings was a successful legislative move which led to their shortening.Tétel Szabadon hozzáférhető cenzúra mint az állami dezinformáció elleni eszköz(2023-12-20) Koltay, AndrásDisinformation campaigns originating from Russia have been frequently debated in recent years. Disinformation also plays a major role in the Russian–Ukrainian war that started in February 2022. The issue has been on the agenda in the European Union in recent years, so it is not surprising that among the many sanctions the EU introduced against Russia, action against disinformation was also added. This paper sets out to describe the previously unprecedented ban on Russian media service providers, including the problems the provision creates for freedom of expression. In particular, it will examine the content of the Decision and the Regulation, which prohibited the distribution of the Russian media outlets concerned and the consequences of the EU legislation. It will then go on to critically analyse the provisions from the perspective of freedom of expression, and finally, the relevant judgments of the Court of Justice of the European Union.Tétel Szabadon hozzáférhető kölcsönbeadó és a kölcsönvevő közötti adatvédelmi viszony munkaerő-kölcsönzés esetén(2022-06-19) Boros, Anita; Székely, BarnabásIn temporary agency work the relationship between the temporary work agency and the user-undertaking is often not adequately or correctly understood in the context of the processing of personal data. This leads to a deterioration of protection of personal data as well as labour market rights and obligations. The purpose of this study is to explore when we can speak about a controller- processor, a joint controller or a controller- controller relationship, which will clarify who has to implement appropriate technical and organisational measures to ensure and to be able to demonstrate that the processing is performed in accordance with the Regulation.Tétel Szabadon hozzáférhető Trendek, irányzatok, jogalkotási törekvések(2023-10-06) Havas, Bence; Petrovics, ZoltánOne of the most spectacular changes to the Hungarian employment system in recent years is that many former civil servants (‘közalkalmazott’) have lost their status and come under the scope of the Labour Code or have been subject to newly created status laws. As the Act on Civil Servants (‘Kjt.’) applies now only a few groups of civil servants, having been emptied out by successive reforms, it is not surprising that the future existence of the Act and of the autonomous status of civil servants is being called into question. But what factors have led to the gradual, and in recent years accelerating, decline of the Kjt.? Is the 'disappearance' of civil servants the result of internal processes that rationally follow from the development of the law, or is it the result of independent economic and political considerations? What was the original role of the Kjt. in the system of employment relationships and how can its ‘emptying’ be understood in an international and historical context? The study argues that this process is not an inevitable consequence of legal doctrinal developments, but rather the result of legislative efforts to abolish the uniform legal status of human service providers. Hungarian legislation is no exception to the neoliberal and neo-Weberian trends, while the comparative advantages previously enjoyed by civil servants are eroding and the regulation is becoming highly fragmented.