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Folyóiratok » Acta Juridica Hungarica

Acta Juridica Hungarica

Akadémiai Kiadó 43. évf. 3-4. sz. - 2002/3-4. 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

Péteri Zoltán: Foreword

Kovács Péter: The Legal Status of Minorities in Hungary

http://akkrt.metapress.com/…hq720m56640/?…

Absztrakt

The Article gives a general overview of the Hungarian constitutional and legal framework for the participation of national minorities in the decision-making. The relatively low number of people belonging to national minorities in Hungary as well as the scattered patterns of their settlement and some aspects of the Hungarian legal traditions underlie the choice of the so called personal autonomy approach. The minorities can establish via a special electing mechanism local and national self-governments enjoying consultative and truly public law type rule-making and administrative competences. Having given the proper interpretation of the relevant article of the Constitution, the Constitutional Court also contributed to the birth of the Act on the Rights of Minorities. The basic reason behind the creation of a very complicated, multilevel institutional complex is that in this way, educational and cultural needs of minorities of different scale can be represented in a relatively coherent manner. This does not exclude at all the possibility of bringing modifications to the legal text in the light of a decade's experience.

Pokol Béla: The Structure of Legal System

http://akkrt.metapress.com/…2075m7n251v/?…

Absztrakt

In the study the legal system is conteptualized as a meaning system which contains the text layer, the layer of the legal dogmatics, the layer of judicial precedents and in some modern legal system the layer of the constitutional tights is added to these. The study outlines the connections among these layers of law comparing the continental legal systems rooted in the Roman law to the common law systems. With this concept of law the study analyses the history of legal theory and makes a typology of the tightening concepts of law which emphasize only one layer of the law. For example, for the French ecole de l'exégèse in the 19. century the law was only the text, for the German Bergiffsjurisprudenz the law was the layer of the legal doctrines, or for the legal realists the law was the judge made law; and newly for Ronald Dworkin and his followers the law is identified as the layer of the constitutional rights first of all.

Varga Csaba: Structure in Legal Systems

http://akkrt.metapress.com/…3g6u01q777u/?…

Absztrakt

Does the legal system have a structure (according to sources and branches of law, general and special parts of codes, principles, rules and exceptions in regulation, etc.), or structuring is taken into it from the outside? And providing that it is taken, whoever is taking it? For neither principles, nor rules are given in themselves, separated from each other in a way classified in terms of the law's taxonomic systemicity as bearing their own separate meaning. All this can be but the result of a constitutive act. Based upon legal doctrines, it is judicial practice that builds different propositions into either principles or rules. Or, it is not logic itself that labels anything as a structuring element identified as either principle or rule but we, who ponder the mode of how to construct a sequence of distinction, deduction and justification conclusive enough to convince those controlling the issue we propose in the procedural hierarchy. Therefore the structuring features in law are construed and construing, constructed and constructing at the same time, for they do not and cannot exist in and by themselves at all.

Péteri Zoltán: Teaching of Comparative Law and Comparative Law Teaching

http://akkrt.metapress.com/…732g2hv7267/?…

Absztrakt

In the author's view a dividing line can be drawn between, on the one hand, teaching comparative law as an independent discipline with its own history, methods, goals and functions, and the whole "curriculum" of legal studies based on a comparative attitude and carried out with the comparative method, on the other. The differences between the traditions and present-day practice of universities and law faculties in the Civil Law and the Common Law countries in this field may be interpreted as characteristic for the "style" of the entire legal systems belonging to one of these two big legal families.

Wiener A. Imre - Ligeti Katalin: Hungarian Report on the International Criminal Court

http://akkrt.metapress.com/…5660317p130/?…

Absztrakt

In the study the legal system is conteptualized as a meaning system which contains the text layer, the layer of the legal dogmatics, the layer of judicial precedents and in some modern legal system the layer of the constitutional tights is added to these. The study outlines the is identified as the layer of the constitutional rights first of all. Contains the text layer, the layer of the legal dogmatics, the layer of judicial precedents and in some modern legal system the layer of the constitutional tights is added to these. The study outlines the is identified as the layer of the constitutional rights first of all.

Bodnár László: Constitution, International Treaties, and Contracts

http://akkrt.metapress.com/…p8453566867/?…

Absztrakt

Hungarian statutes and regulations contain a "without prejudice to international treaty obligations" clause as to the scope of their provisions. In such cases the international treaty-or maybe an existing mutual practice in its absence-shall be enforced based on the express provision of the domestic act. This process might prove to be quite lengthy, since the Minister of Justice is authorized to pronounce on the existence of such mutual practices. In the second half of the 1990's the Hungarian legislative branch (the Parliament) passed a statute on taxation which entered into force even though it violated the bilateral treaties concluded by Hungary to avoid double taxation.

Jobbágyi Gábor: Rights of Embryo and Foetus in Private Law

http://akkrt.metapress.com/…45737702810/?…

Absztrakt

The paper gives an overview of the Hungarian legal regulation of the legal status of the foetus. In this respect, it reveals the historical roots of the legal protection of the foetus in Hungary. It analyses in details the theoretical standpoints of Hungarian authors of civil and criminal law. It describes the unconstitutional legal practice of the period of communist dictatorship (1950-1990) that lead to the unparalleled destruction of 4,5 million embryos. It analyses in details the unconstitutional practice. The analysis also includes the treatment of he prevailing "Embryonic Life Protection Act". Finally, the essay determines, in accordance with Hungarian legal practice and jurisprudence, the legal status of the foetus and comes forward with proposals addressed to future legislation.

Torma András: The Regulation of Public Institution Insolvency in Hungary

http://akkrt.metapress.com/…45132821017/?…

Absztrakt

In the Hungarian legal system-after 50 years-, formerly known legal institutions (such as self-governments, private companies, public institutions) reappeared. These legal institutions are independent of the state, they have their own revenues and properties. Thus the possibility of their insolvency was brought up naturally. The Hungarian legal system does not provide an unambiguous definition of public institution. However, with an eye to foreign legal solutions and the Hungarian specialities, we can formulate the concept of public institution which includes organs that are actually separated from the state, that have autonomy, legal personality, independent budget, their own booking (accounting), and that perform tasks of public utility. These criteria are met by three types of organs: self-governments, public bodies, public funds. However, legal regulations concerning these types are not homogeneous. After 1990, when public institutions were established, the state drew back from several public functions and has striven to withdraw itself from the responsibility for inadequate financial administration ever since.

Görgényi Ilona: Fighting International and National Corruption by Means of Criminal Law

http://akkrt.metapress.com/…h41vu760v67/?…

Absztrakt

In Hungary there is a wide range of acts of corruption forbidden by criminal law. As of 1 April 2002 the measures of penal law applicable in the crackdown on corruption were further extended. In the Hungarian Criminal Code the system of corruption offences are as follows: bribery (official bribery, economic bribery, bribery in connection with hindering of official procedure), failure to report bribery, trading in influence, persecution of a conveyor of an announcement of public concern, crimes against the propriety of international affairs. Furthermore passive forms of bribery are traditionally judged more strictly than active bribery patterns. As regards the comparison of official and economic bribery, the degree of penal law sanctioning gradually came closer time to time. The criminal law regulation on bribery in international relations was introduced by Act of 1998 with due consideration to the OECD's Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The sanctioning of bribery offences committed in national and international relationships is very similar in the Hungarian Criminal Code.

Bordás Mária: Application of Administrative Law with Regard to Privatization : The Hungarian Case

http://akkrt.metapress.com/…r88n3540118/?…

Absztrakt

The essay analyses the process of privatization in the transitional period. In the early 1990's, the privatization of the competitive sphere in Hungary meant the purchase of state-owned companies. Besides the legal background, the essay gives an overview on the political aspects of privatization. The next step was the privatization of public services in the middle of the 90's. The privatization of the sector of public services is peculiar as privatised public services remain under governmental control even after their privatization: public administration is responsible for the continuity of the service, for its general accessibility and its quality. The essay deals with the issues of the application of law in this respect. The privatization of the welfare sphere was primarily characterised by the retreat of the state without applying alternative methods like initiating the participation of non-profit organizations. In the analyses of the privatization of the welfare sphere, the essay deals with the principles of privatization, as well as the constitutional problems involved and the conflicts of the central government and the self-governments.

Róth Erika: Prosecutorial Discretion and its Limits

http://akkrt.metapress.com/…019h1427x20/?…

Absztrakt

The traditional "continental" criminal procedure is not able to cope with the increasing number of cases and to respond to the newly developing types of crime. So the legislator has to allow authorities dealing with criminal matters to select cases, to decide which categories of cases should have priority and to create exceptions to the principle of legality. At the same time the requirements of fair process should not be forgotten when a state fulfils the claim for the simpler and quicker arrangement of criminal cases. This study pays attention to the Recommendation of the Committee of Ministers of the Council of Europe (No. R. (87) 18) and compares its guidance with the features of discretionary power of the Hungarian public prosecutor. By now due to the intention of the legislator who has the requirements of our age and the limits of the ability of the criminal justice in sight, the discretionary power of the prosecutor has become wider and wider. In Hungarian law discretionary prosecution requires previous consent of the suspect and in other cases the suspect has right to remedy and challenge the judicial judgements. Rules of the new Code of Criminal Procedure (Act XIX of 1998) strengthen the role of the prosecutor in the criminal process.


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