Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 47. évf. 3. sz. - 2006/3. sz.

A folyóirat a magyarországi jogtudomány eredményeinek közlésével, továbbá a magyar törvényhozás és jogi irodalom bemutatásával foglalkozik. A szerkesztőség, az egész közép- és kelet-európai jogtudomány áttekintése céljából, az utóbbi időben külföldi szerzők munkáit is publikálja.

ISSN: 1216-2574 (Print) 1588-2616 (on-line)
Megjelenés: évi 4 füzetben
Nyelve: angol
Főszerkesztő: Lamm, Vanda
Szerkesztők: Hans-Jörg Albrecht, András Bragyova, Manfred Burgstaller, Jacek Czaputowicz, Gábor Hamza, Tibor Király, Benoit Mercuzot, András Sajó, Tamás Sárközy, Jan M. Smits, Sienho Yee

Szerkesztőség címe: Acta Juridica Hungarica, 1250 Budapest Pf. 25
Tel.: (06 1) 355 7384
Fax. (06 1) 375 7858
E-mail: lamm@jog.mta.hu

Sajó András: Transnational Networks and Constitutionalism

http://akkrt.metapress.com/…2k46hj45u66/?…

Absztrakt

The concept of modern constitutionalism is intimately related to notions of state sovereignty. The actual influence of the constitution as a hierarchical tool of nation-state design remains a matter of dubious empirical validity. Today, among the conditions of intergovernmentalism and globalization, state centered constitutionalism is confronting governance by networks: both private domestic networks and networks of national governmental institutions are becoming decision-makers, which cannot be controlled within the concepts of state based constitutionalism. Notwithstanding these developments the above difficulties of constitutional social steering and determination of the public sphere have not resulted in the dethroning of the paradigm of state centered constitutional law in the constitutional law community. Such disregard runs the risk to turn constitutionalism into irrelevant speculation in an age of globalization. In the globalized world the most important decisions and events affecting society escape the control of the sovereign state operating on the principle of territoriality. In this paper I consider two structures of polycentric exercise of public power that are decisive for a new paradigm of constitutionalism. The first type of transnational network structure is primarily a network of private ordering with the participation of administrative bodies of the desaggregat­ing state and private entities associated with the administrative entities (transboundary private networks). A second kind of transnational networks (transgovernmental networks) originates from supranational organizations that operate beyond the nation state. Transgovernmental networks take away traditional governmental functions and overwrite/replace the decisions of the state organs. The taking of state functions includes regulation, adjudication, enforcement, material and other services. The actions of the networks are beyond the control of the constitu­tionally designated authorities and follow principles, which are unrelated to the otherwise pertinent constitutional principles. The article considers the impact of international networks on the desaggregation of the constitutional state and the possibility of a new legitimation for transnational network-based governance.

Sárközy Tamás: The Third Act on Business Associations - Law Conceived in the Spirit of Deliberate Progress

http://akkrt.metapress.com/…06220106144/?…

Absztrakt

The study examines the new act on business associations passed in 2006. It concludes, that the general principles, the structure of the Hungarian corporate law have remained unchanged since 1988, however, because of the practical demands and the European legal harmonization requirements a new act on business associations was necessary. The new act introduced several entrepreneur-friendly legal institutions and carried out a significant deregulation as well.

Belényesi Pál: Exclusionary Price Abuses in the EU : A developmental approach with regards to networks

http://akkrt.metapress.com/…3qw37245341/?…

Absztrakt

The liberalization processes, which started in the 90's in Europe, opened up a new area for competition policy and competition scrutiny and enforcement. Both ex-ante regulation and competition policy are responsible for the consumer friendly implementation and advancement of the legislation related to the liberalization of certain public utilities. Every industry that has incumbents faces the problem of granting access to the facilities owned by the “big ones”. Competition policy targets best achievable market conditions which provide the customers with the lowest prices and the market with most efficient behavior. In the long term this is only attainable with colorful market scene, vibrant conditions to operate and more options for the final customers to choose form. This, however, can be turned down by anti-competitive behavior of the participants that intends to eliminate competitors from the market. One of the various ways to achieve this is to use pricing methodologies which may straightforwardly result in forcing dependent market players to leave the playing field. Is there a way to control dominant undertakings' pricing methodologies? Can Article 82 of the EC Treaty be generalized? How did the European Court of Justice and the Commission formulate the practice towards these type of behaviors?

Bár Petra: The German Anti-Discrimination Legislation with a Special Focus on Disability

http://akkrt.metapress.com/…6127444q047/?…

Absztrakt

The present essay discusses the recently adopted Act on Anti-Discrimination and the current and future system of disability rights protection mechanisms in the Federal Republic of Germany. Partly as a response to the atrocities of World War II, partly as a return to pre-war period, both East- and West-Germany adopted extensive disability-related protection mechanisms. The laws currently in force are following this tradition making the system of German disability rights one of the most progressive in Europe. Several pieces of legislation ensure rehabilitation and participation of disabled persons, moreover Germany's constitution has been amended, so that disability is included among the prohibited grounds of the clause on non-discrimination. Most recently, Germany should have implemented the European Union's Framework Directive the scope of which extends to the prohibition of discrimination on grounds of disability in employment matters. Germany, traditionally so cautious about human rights issues, transposed the Directive with a two-year-delay. The paper scrutinizes the implementing national law and explores the reasons for its numerous failures and the way towards adoption. Various legal and constitutional issues, among others on third party effect, freedom and equality had been brought up in the debate around transposition that had not been addressed at the time the German disability-related laws had been adopted. The study of these controversies around implementation of the EU Directive is a unique opportunity to shed some light on the underlying constitutional issues of anti-discrimination laws-not only in Germany, but in all Member States of the Union which implemented the Directive without any public, political or legal debates.

Domokos Andrea: The Reform of Hungarian Criminal Policy

http://akkrt.metapress.com/…92010v186j0/?…

Absztrakt

Kivonat nélkül

Popovics Mária Kitti: Application of the Concept of Significant Market Power in Electronic Communications : Summary notes of an international conference held December 1-2, 2005

http://akkrt.metapress.com/…412251j47u7/?…

Absztrakt

Kivonat nélkül

Fekete Balázs: Book review 325-336o.

http://akkrt.metapress.com/…31uv0t8861r/?…

Absztrakt

Thomas G. Weiss-David P. Forsythe-Roger A. Coate: The United Nations and Changing World Politics, 4th ed., Westwiew Press, Colorado-Oxford, 2004. lvi+373 p.


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