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Tétel Szabadon hozzáférhető A munkavégzők munkáltatók általi kiszolgáltatásának szerződéses keretei, kitekintve az első magyar platform-ítéletre(2024-12-20) Solymosi-Szekeres, Bernadett; Prugberger, TamásIn the first part of the paper, the authors distinguish between two main forms of working contracts: the traditional one and the one established through an electronic platform. In both cases, if the work is of a fixed (contingent) or more informal nature, an employment relationship exists. The former is a typical employment relationship, while the latter is atypical. Suppose the long-term client/agent becomes an employer and the dependency on it is even looser. In that case, the employee may become a permanent contractor/agent, but this is different in substance from the ad hoc contractor/agent relationship. It should therefore be regulated separately in the Civil Code, together with the employment contract. In the second part of the paper, the authors analyze a judgment in a lawsuit concerning a courier service for the delivery of food through an electronic platform intermediary, in which the Supreme Court ruled that the courier service provider was in a contractor/agent relationship and not in an employment relationship, as qualified by the Court of Cassation. However, the authors argue that the Court of Cassation’s position is also acceptable, which would allow for the classification of dependent self-employment arising from a formal self-employment.Tétel Szabadon hozzáférhető A munkaidő-szervezés alapvető forrásai történeti perspektívából: Státusz vagy kontraktus?(2024-12-20) Havas, BenceThe concepts of status and contract are well-established and frequently used analytical categories of good explanatory power in classical and contemporary international labour law literature. Since the interpretation of these concepts varies from era to era and from author to author, recent Hungarian legal literature has paid little attention to the interpretation of legal developments along this theoretical framework, although it could serve as an effective reference point for grasping the trends of existing law. This paper attempts to apply these concepts to describe the regulatory trends in a volatile and conflictual area of law, namely working time.Tétel Szabadon hozzáférhető Schrems III avagy mi lesz veled transzatlanti adattovábbítás? - Gondolatkísérlet az EU-USA Adatvédelmi Keretrendszer Határozat érvényességéről(2024-12-20) Kis Kelemen, BenceThe United States of America and Europe are each other's most important cooperative partners. This naturally includes the economic relationship based on the transfer of personal data. Over the past nearly decade, this transatlantic data transfer has operated amid continuous legal uncertainties due to the repeated invalidation of the European Commission's adequacy decisions and issues related to the applicability of standard contractual clauses. The problem appears to be currently resolved thanks to the EU-US Data Privacy Framework Decision. However, this Commission decision has already been challenged, and a new procedure is expected to begin this year. The purpose of this study is to conduct a thought experiment to examine the validity of the mentioned decision, which could serve as guidance for future legal practice and provide forecasts for economic actors about expected developments. The paper's conclusion is that due to the unchanged violation of fundamental rights, the EU-US Data Privacy Framework Decision is likely invalid.Tétel Szabadon hozzáférhető A klímaváltozás emberi jogi megközelítése és az emberi jogok antropocentrizmusa(2024-12-20) Jakkel, BarbaraWe live in the ’Anthropocene’, whereby human destructive activity is having such a major impact on Planet Earth that it has become the main culprit in the global ecological crisis involving climate change, biodiversity loss and overall pollution. The scientific conception of the Anthropocene makes it inevitable that societies will reconsider the myriad economic and legal institutions used to regulate the relationship between humans and the environment. Since, a critic from the environmental ethics perspective states that the ecological crisis has been brought about by an anthropocentric view that emphasizes the exclusivity of human interests, subordinating non-human beings to these human interests. Such eco- or biocentric approaches, giving rights to nature or constitutionalizing biodiversity, seem rather exotic to a European lawyer, as in climate policy fights of this region we make efforts to increase the role of human rights. In this paper, I would like to point out that legal solutions that go beyond an anthropocentric perspective should not be understood as a kind of exoticism, but as a fundamental challenge to human rights-based climate protection that seeks to extend the language of rights beyond humans and calls for a non-human-centred protection of the environment. I will argue that, while this challenge must be taken seriously, there are good reasons to continue to use the language of human rights to express our climate change-related demands.Tétel Szabadon hozzáférhető A beépített ingatlanok meghatározásának kérdései az általános forgalmi adó szabályozásban(2024-12-20) Butor, GáborImmovable properties have a specific legal and economic role. The specific role of immovable properties means that the rules governing real estate transactions are not only specific but also complex. This conclusion is shared by the renowned professor Charles E. McLure, jr. who argues that the treatment of real estate transactions from a VAT perspective is one of the most complex issues in the field of taxation. Where the subject of the transaction is real estate, further analysis is required as to which type of real estate the property is for VAT purposes, as the VAT consequences for each type of real estate are significantly different. The primary level of distinction between the different types of real estate is whether the property is unbuilt or built-in. In the present study, I address the issues related to the definition of built-in real estate.Tétel Szabadon hozzáférhető Mesterséges intelligencia alapú döntéstámogató és döntéshozó rendszerek kockázatai a vállalatok vezetői szintű döntéshozatalában: Szakirodalmi áttekintés(2024-12-20) Kappel, GergelyThe study examines the risks associated with artificial intelligence (AI) based decision-making and decision-support systems in the decision-making processes of company executives, as well as small and medium-sized enterprises. Due to global trends and digital advancements, company management increasingly faces complex decisions, which AI-based decision-making and decision-support systems may well be suited to support. However, this carries several risks, and the study aims to identify the legal, ethical, and business risks associated with the use of such AI systems, with a particular focus on the decisions made by company executives. The analysis is based on a literature review, which will ultimately be compared with survey responses found in the AI Index Reports published annually by Stanford University.Tétel Szabadon hozzáférhető Az ártó szándékú kiberműveletek nemzetközi jogi értékelése az állam szuverenitásának tükrében(2024-12-20) Kiss, MátyásThe principle of sovereignty is one of the cornerstone norms of modern international law. The precise content and meaning of this fundamental principle have changed significantly in historical and political contexts, often sparking intense debates. Today, one of the most critical questions regarding sovereignty is how this principle can be applied in cyberspace. In recent years, the number of hostile cyber operations between states has increased dramatically. By the beginning of the 2020s, various international organizations had already recorded more than a hundred incidents annually. The aim of this study is to examine how international legal literature views the relationship between state sovereignty and cyberspace, to show the current state practice, and to introduce some recent cyber operations that are relevant to the issue.Tétel Szabadon hozzáférhető A kiskorú veszélyeztetése bűntettének halmazati és elhatárolási kérdései(2025-10-30) Máté, KőhalmiThe felony of endangering a minor is the most important part of the fight against domestic violence in Hungarian criminal law since the statutory definition of the offence covers almost every types of child abuse. It would be impossible to list the various forms of behaviours that might fulfil the statutory elements of the felony, the Criminal Code therefore defines the offence behaviour as grossly violating the duties arising from the obligation to raise, supervise or care for a minor. It is the task of the judicial practice to decide exactly which behaviours are covered by these terms. As a result, the violation of duty usually fulfils the elements of another offence, which raises questions about cumulation and delimitation. In the following, these issues will be discussed by reviewing the relevant case law and literature.Tétel Szabadon hozzáférhető Az őslakos népek hagyományai és joga integratív nézőpontból(2024-12-20) Bányai, OrsolyaThis study aims to present the basics of indigenous law. This is because in the recent years both international treaties and scientific literature emphasize the need of taking into account indigenous knowledge and tradition when answers to ecological problems are being formulated. The indigenous tradition and law differ what we consider law from a modern western viewpoint. On the above basis the author was inspired to share few critical remarks regarding modern law.Tétel Szabadon hozzáférhető A munkajogviszony egyes tartalmi elemeinek felgyorsult változása és következményei(2025-10-30) Szabó, Mercédesz IbolyaLabour law, as a basic civil law, regulates the contractual relations of parties who are in a consensual relationship with each other. However, the economic background of the legal relationship has ensured the employer's de facto superiority since time immemorial, which the legal system tries to counteract with certain claudicatory solutions, but nevertheless recognises by accepting the power of unilateralism. The challenges of the 21st century have changed the status quo. We need to recognise that the societal demand for change is not a momentary whim arising from a cataclysm, but a real societal expectation to which our legislation must respond quickly to preserve our competitiveness.Tétel Szabadon hozzáférhető Recenzió Váradi Szilvia "Adatvédelem a mesterséges intelligencia korában" című monográfiájáról(2025-10-30) Csatlós, ErzsébetThe review presents Szilvia Váradi’s monograph "Data Protection in the Age of Artificial Intelligence", the first comprehensive work on the subject in Hungarian. One of the book’s major strengths is that it guides the reader from the introduction of technological foundations to the detailed analysis of legal and data protection issues, with particular emphasis on the relevance of the GDPR and the AI Act. Váradi situates the significance of AI not only within a legal, but also within a social and economic context, underlining the urgency of regulation. The book clearly explains the data protection challenges of machine learning and large language models, highlighting problems of transparency and accountability. From a critical perspective, the detailed technological background may at times appear encyclopedic, yet this broader perspective provides a valuable basis for interdisciplinary approaches. The review concludes that the book is both a pioneering and a guiding work, serving the needs of professionals as well as a wider readership.Tétel Szabadon hozzáférhető A kollektív szerződések szerepe a munkaidő szabályozásában(2025-10-30) Kártyás, GáborThe paper examines the role of collective agreements in regulating working time within the EU and Hungarian legal framework. It points out that although EU law provides collective agreements with considerable leeway to specify rules on working time and, in certain cases, to deviate from the working time directive, Hungarian labour law differs significantly from this approach. According to domestic research, collective agreements have low coverage, and in many cases the content of existing agreements is merely a literal repetition of the statutory rules. The study also analyses the collective agreement for the electricity industry which has extended scope for the whole sector. Overall, the author concludes that the Hungarian legal environment does not sufficiently encourage collective bargaining in the area of working time regulation and recommends a review of the regulatory framework.Tétel Szabadon hozzáférhető Útban a változás felé? A bírósági gyakorlat által el nem ismert ügyvédi munkadíj: Joghézag vagy téves bírósági jogértelmezés?(2024-12-21) Kiss, TiborNowadays, it is generally accepted that the lawyers are an essential part of the judicial system, despite the absence of any reference to this in the constitution or other normative provisions. In a market economy, there is no question that a lawyer is remunerated for the work he performs, and that the lawyer receives this remuneration in the form of fees or reimbursement of expenses from the client who has concluded a contract of engagement with him. In the case of litigation, however, the costs incurred by the lawyer's client may be passed on to the opposing party, since, as a rule, the costs of the successful party, including the lawyer's fees, are to be paid by the unsuccessful party. This paper examines the basic legal provisions that ensure the enforcement of attorney's fees in civil court proceedings, and then presents a number of striking cases that demonstrate that the attorney's representation of his client in civil proceedings is either not compensated at all or only partially compensated in a manner recognised by the court, in the form of a formal injunction binding the opposing party. In the present paper the adequate issues related to the provision of legal representation in civil litigation are presented, on the one hand, from the procedural law and litigation efficiency aspects, on the other hand, from the contractual freedom and thirdly, from the constitutional law aspects, focusing on the judicial practice. The study describes the change in judicial practice in the spring of 2024. The author seeks an answer to the question whether the principles established by the court practice were due to a legal error, and therefore whether legislative action to eliminate the discrepancies was justified, or whether it was simply a case of an erroneous interpretation of the law by the courts before the spring of 2024, which justified only a change of approach in the court practice within the framework of the existing legal regulation, and therefore no further legislative intervention is necessary.Tétel Szabadon hozzáférhető Recenzió a "Tudománystratégia. Gyakorlati útmutató kutatóknak" című kötetről(2024-12-20) Sallai, BalázsThe book 'Science Strategy' provides researchers in the humanities - and thus in law - with knowledge that is now indispensable in today's competitive scientific milieu. The book is written by a member of the staff of the National University of Public Service and deals with topics of fundamental importance for science strategy. In this book review I will divide them into two major groups. The first is general science strategy, which covers the challenges of training for a doctorate in science, the planning and scheduling of a research project, the choice of appropriate methodology, and the opportunities and potential difficulties of shaping an individual career path. On the other hand, several chapters deal with the issues and practical problems of publication strategy. These include the expectations and conventions of Anglo-Saxon-style academic writing, the structure of articles in high-impact international journals, the process of selecting an appropriate venue and open access. Thanks to its thematic richness, this volume is the first comprehensive summary of the subject of science strategy in Hungarian language, primarily aimed at teachers and students in doctoral schools, but ultimately relevant to all researchers in the humanities.Tétel Szabadon hozzáférhető A „zöld büntetőjog” jogelméleti aspektusai(2024-12-20) Ficsor, KrisztinaA major issue of legal theory today is to explore the problems raised by the so-called “green criminal law” or „green criminology.” Serious environmental disasters and the harmful effects of climate change also imply a rethinking of the established system and conceptual features of criminal law. Despite the European Union's efforts to develop environmental criminal law, the question arises as to whether criminal law can be seen as having an environmental function, and whether criminal law is suitable for protecting the environment. Recently there have been problems of effectiveness in the regulation of environmental criminal law at European and national level, and a new EU directive had to be adopted because the previous one had proved ineffective in achieving environmental objectives. It is therefore important to go deep inside the theoretical foundations that can provide a coherent explanation for the ineffectiveness of environmental criminal law and environmental regulation in general, and to find a justificatory framework that can justify the obligation to comply with these norms.Tétel Szabadon hozzáférhető Az egyenlő bánásmódhoz való jog és a platform munka, különös tekintettel a platform alapú munkavégzés értékelésére(2024-12-21) Hadady-Lukács, AdriennThe digital transition has a fundamental impact on everyday life, including the world of work. While working through digital work platforms offers numerous opportunities, it also presents several challenges regarding platform workers’ rights. The paper focuses on platform workers’ right to equal treatment and aims to review the questions and challenges that arise regarding the evaluation of platform workers by consumers. The legal problem is not caused by taking consumer feedback into account per se, but by the fact that the platform relies on such consumer feedback in a different manner and to a different extent than would be the case in traditional employment. Consequently, consumer evaluations and ratings raise several questions regarding the reliability and legality of such feedback.Tétel Szabadon hozzáférhető A közigazgatási szankcionálás új útjai és határterületei, különös tekintettel a ne bis in idem elvére(2024-12-21) Árva, ZsuzsannaThe system of sanctions is a key element of law enforcement, so it is of particular importance to have a clear and doctrinally based system of sanctions. However, new areas and issues are emerging in the field of administrative sanctions which call into question principles previously thought to be clear and push them in new directions. One such issue is the question of complementary sanctions, which has raised the question of the permissibility of parallel sanctions and is closely linked to the principle of ne bis in idem. The paper outlines the framework in which the main issues of administrative sanctioning arise and shows how they interact. It looks at how fundamental international decisions may affect the frontier issues of administrative sanctions, how Strasbourg and EU practice has evolved, and how this has affected domestic law.Tétel Szabadon hozzáférhető A foglalkozástól eltiltás büntetéskiszabási gyakorlata hazánkban(2025-10-30) Hadházi, Dalma; Pápai-Tarr, ÁgnesDisqualification from the profession is a sanction in the Hungarian Criminal Law System which has a long historical tradition, and it deprives or limits people’s rights. The importance of enforcing these types of punishments in practice was recognised centuries ago, but unfortunately there has been very limited recent literature on them. In our study, after a short description of the substantive criminal law rules on disqualification from the profession, we would like to analyse the imposition of this penalty to fill the gap in the literature on this sanction and to answer several questions that may arise in relation to its imposition.Tétel Szabadon hozzáférhető „A háború csendes áldozata”: gondolatok a környezet védelméről fegyveres konfliktusok idején, különös tekintettel az ökocídium kérdésére(2024-12-20) Sziebig, Orsolya JohannaThis paper aims to examine the issue of environmental protection in the context of armed conflicts. First and foremost, through the regulation of public international law, while at the same time raising the moral-religious basis of the issue. In the second half of the paper, I will examine the concept of ecocide and its regulatory framework. In particular, with regard to whether the void left by the regulatory gaps and enforcement deficiencies of international law can be filled by ecocide as an emerging legal regime.Tétel Szabadon hozzáférhető A természet jogai jelenségről világi és egyházi felfogásban(2024-12-20) Tahyné Kovács, ÁgnesIn humanity's search for solutions, efforts to curb environmental problems and reverse harmful processes are evident. Throughout history, depending on the prevailing worldview, legal cultures have reflected humanity's relationship with nature. The study presents certain manifestations of a relatively new regulatory concept – the phenomenon of the rights of nature – according to its appearance at different regulatory levels. After summarizing its common elements, it compares this with the perspective present in the Catholic Church's social teachings concerning the relationship between humans and nature.