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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 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 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 köztulajdonban álló gazdálkodó szervezetek adatainak közzététele Németországban és Magyagyarországon(2022-06-10) De Negri, LauraThe article analyses in a comparative manner the way the publication of data works in Hungary and Germany in the case of state-owned companies. The subject of the analysis is furthermore how the transparency of public property is compatible with the functioning of the market and the protection of trade and business secrets. The article devotes special attention to the issue of the relationship between the request for data in the public interest and trade secrets, and, whether the disclosure of such data may be refused on the basis of avoiding potential business damage. Given that the disclosure of data with public interest and its accessibility are inseparable from the freedom of information, the relevant laws in the countries subject to analysis are also presented. The article highlights the exemplary solutions of the German legal system and, finally, compares the similarities and differences in the regulatory concepts of the two legal systems.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 minőségbiztosítási megoldások és azok időtállóságának vizsgálata a megújuló ügyfél-tájékoztatás tükrében(2022-06-02) Marsovszki, ÁdámWith the growing importance of good public administration, the quality of information can be measured primarily through customer satisfaction. In order to provide a uniformly high level of information, it is possible to apply quality management standards and other solutions such as ISO 9000, citizen’s charts and excellence models. However, they are not always able to measure the quality of information in a targeted way, therefore the use of solutions based on customer feedback is required. However, the question arises, whether these classic quality management solutions can still be used in an environment where multi-channel access, electronic communication, automation and artificial intelligence are playing an increasingly important role in public administration and customer information?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 kínai internetcenzúra modellje(2022-06-02) Gosztonyi, GergelyBlocking users from information deemed inappropriate by political leaders, making ISPs responsible for the content placedon them, and having to constantly monitor the content is based on so-called cyber sovereignty, according to which every country has the right to choose how to develop and regulate the Internet. The Golden Shield system, operated by the People’s Republic of China and surrounded by a complex and ever-changing legal, technological and human background, can achieve all this. Thus, the main question to which Chinese leaders operating the Golden Shield, China’s means ofimplementing total control, is seeking an answer is: can there be a solution in the 21st century that provides both economic openness and development while maintaining information confinement?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 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 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 Kártyás Gábor „Kiküldött munkavállalók az uniós és a magyar jogban” című könyvéről(2022-06-10) Takács, Dóra; Varga, DóraIn today’s globalized labour law, where borders, especially within the European Union, seem to be increasingly blurred, cross-border situations are becoming more common. Due to digitalisation and technology, which is evolving at a rapid pace especially in the present situation, working abroad can now be carried out without the worker actually moving away from his desk, namely not physically entering another country. In view of this, the topicality and exciting nature of the processed topic can hardly be questioned. Following a holistic approach, the reviewed book guides the readers with unique detail and provides them with a sure point of reference on the swampy ground of the posting, which is surrounded by many challenges and conflicts of interests. In our review, we will describe and evaluate the content of the monograph along these sure points of reference.Tétel Szabadon hozzáférhető autonóm járművek nemzetközi közjogi szabályozása, különös tekintettel a nemzetközi közlekedés témakörére(2022-06-19) Takó, DalmaThe study examines the regulation of autonomous vehicles in public international law, more specifically the regulation related to the territory of international road traffic. Within this topic, the study defines autonomous, or in other words, self-driving vehicles, reveals the relation between these kind of vehicles and public international law, describes the results and steps made so far toward uniform regulation and analyzes the possibilities for future regulation. In connection with the latter, the study concentrates on the question of international treaties and would like to answer whether it is necessary and possible to conclude an international treaty on autonomous vehicles.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 nemzeti kisebbségek védelme és az Emberi Jogok Európai Bírósága(2022-08-07) Merkel, CsengeThis paper aims to present the case law of the European Court of Human Rights (ECtHR) regarding minorities’ rights. Even though minority rights as such are not listed in the European Convention on Human Rights (ECHR), the ECtHR has developed an evolving minority rights protection under it. This paper describes the concrete cases of minority rights protection and shows how the case law evolved throughout the years. The ECtHR recognized the right to self-identification, the right to culture, the right to use minority languages, the right of assembly and the freedom of expression regarding minorities. This paper argues that there might be a shift towards a greater diversity protection in the future under the ECHR.Tétel Szabadon hozzáférhető Fehér könyv és stratégia(2022-08-15) Mazsu, DánielArtificial Intelligence (AI), alongside green solutions and the suddenly exploding COVID-19 pandemic, is one of the most important buzzwords of the 21st century in a growing number of areas of society and economy. Despite this, the regulation of technology is still in its infancy in all parts of the world, and neither the European Union nor Hungary are exceptions. But there are already documents and proposals that will form the basis for future legislation in the aforementioned territories. This article analyses these from several perspectives, as well as comparing them with the hopeful goal of bringing them closer to each other.Tétel Szabadon hozzáférhető munkavállaló egészségkárosodása esetén alkalmazott sérelemdíj mértékére ható körülmények a munkajogi bírói joggyakorlatban(2022-09-07) Bors, SzilviaThe study examines the dogmatics of the legal institution of restitution applicable in the case of infringements of personality rights in labour law, as well as looking at the functions determining the sanctions in the international and domestic legal environment. It classifies states based on the effect wished to be triggered with the legal institution as well as regarding the circumstances to be considered. It determines the governing factual elements and circumstances with regards to the degree of the institution of restitution. It projects the standpoints of special literature to the practice. It analyses and classifies trivial cases in the light of judicial case law.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 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.