Search result: 41 articles

x
The search results will be filtered on:
Journal Hungarian Yearbook of International Law and European Law x
Conference Reports

Conference on the Bindingness of EU Soft Law

Report on the ‘Conference on the Bindingness of EU Soft Law’ Organized by Pázmány Péter Catholic University, 9 April 2021, Budapest

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords conference report, soft law, Pázmány Péter Catholic University, bindingness, Grimaldi
Authors Vivien Köböl-Benda
AbstractAuthor's information

    The online ‘Conference on the bindingness of EU soft law’ was organized by the Ereky Public Law Research Center at Pázmány Péter Catholic University (Hungary), the Universidad de Castilla-La Mancha (Spain), and the Portsmouth Law School (United Kingdom) on 9 April 2021. The presentations described EU soft law instruments’ legal effect on EU institutions and the Member States. The soft law instruments of different policy fields were also examined, including the analysis of the language of EU soft law.


Vivien Köböl-Benda
Vivien Köböl-Benda: PhD student, Pázmány Péter Catholic University, Budapest.
Developments in International Law

Is the World Ready to Overcome the Thesis of the Clash of Civilizations?

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords clash of civilizations, end of history, tragedy of great power politics, dignity of difference, clash of ignorance
Authors István Lakatos
AbstractAuthor's information

    The article provides a critical overview of the Clash of Civilizations theory by Samuel Huntington, but in this context it also addresses two other important books also aimed at finding the correct answers to the new challenges of the post-Cold War era; Huntington’s work was also an answer to their thesis. They are Francis Fukuyama’s The End of History and the Last Man, and John Mearsheimer’s The Tragedy of Great Power Politics. I argue that neither the Clash of Civilizations nor the End of History theses correctly captures the complexity of our contemporary social and political life, as they are both based on the assumption of the superiority of the West and the inferiority of the Rest.


István Lakatos
István Lakatos: career diplomat, former human rights ambassador of the Ministry of Foreign Affairs and Trade (MFAT) of Hungary, currently senior adviser at the Ministry of Justice, Human and Minority Rights of Montenegro.
Developments in International Law

The Evolution of Content-Related Offences and Their Investigation During the First 20 Years of the Cybercrime Convention

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords cybercrime, content-related offence, cyberbullying, privacy, wiretapping
Authors Kinga Sorbán
AbstractAuthor's information

    The Convention on Cybercrime otherwise known as the Budapest Convention was a complex, pioneering instrument addressing cross-border computer crimes in the wake of the 21st century. As the first international treaty aiming to tackle new threats emerging from the cyberspace, the Convention signed in 2001 certainly influenced national regulators and law enforcement over many years. Two decades have passed since 2001 and the Internet era has undergone previously unpredictable changes, as web 2.0 services started to thrive. Even though the Convention can be considered a landmark in international legislation, after 20 years one must eventually assess how well it stood the test of time and whether it still has relevance. This article has no smaller goal but to evaluate the evolution of content-related cybercrimes and try to the question whether the Convention is still fit to tackle contemporary issues or rather, is outdated and ready to retire.


Kinga Sorbán
Kinga Sorbán: junior research fellow, National University of Public Service, Budapest.
Developments in European Law

Whose Interests to Protect?

Judgments in the Annulment Cases Concerning the Amendment of the Posting Directive

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords posting of workers, freedom to provide services, posting directive, remuneration of posted workers, private international law
Authors Gábor Kártyás
AbstractAuthor's information

    The directive 96/71/EC on the posting of workers had been in force for over 20 years when its first amendment (Directive 2018/957) came into force on 30 July 2020. The Hungarian and Polish Governments initiated annulment proceedings against the new measure, primarily arguing that as the amendment extended the host state’s labor standards ó to posted workers, the directive is no longer compatible with the freedom to provide services (Cases C-620/18 and C-626/18). Although both claims were rejected, the actions contain a number of noteworthy legal arguments (from the perspective of home States), which highlight some of the long-known contradictions of EU legislation on postings. The article summarizes the CJEU’s key observations made in the judgments, which are important propositions for further discussion.


Gábor Kártyás
Gábor Kártyás: associate professor of law, Pázmány Péter Catholic University, Budapest.
Developments in European Law

Applicability of the GDPR on Personal Household Robots

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords artificial intelligence, robots, personal data, GDPR, scenarios
Authors Gizem Gültekin Várkonyi
AbstractAuthor's information

    Recent developments in artificial intelligence (AI) and robotics point to a close future collaboration between humans and machines. Even though the use of personal robots is not yet a phenomenon, findings in technical and legal literature highlight several possible risks inherent in the processing of personal data by such robots. This article contributes to the current discussions on the applicability of the GDPR to AI technologies from three aspects: (i) first, it encourages the use of a scenario method to predict possible future legal problems related to new technologies; (ii) second, it analyzes considerations with the support of the relevant case-law and present comparative expert opinions for overcoming the weak points of the GDPR relevant to AI; (iii) and finally, proposals made in the recommendations part aim to contribute to a better application of the GDPR to AI technologies in personal use.


Gizem Gültekin Várkonyi
Gizem Gültekin Várkonyi: junior research fellow, University of Szeged.
Hungarian State Practice

The Public Trust Doctrine, the Non-Derogation Principle and the Protection of Future Generations

The Hungarian Constitutional Court’s Review of the Forest Act

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2021
Keywords public trust, non-derogation, Article P, Constitutional Court of Hungary, future generations
Authors Katalin Sulyok
AbstractAuthor's information

    This article analyzes the doctrinal findings of the Hungarian Constitutional Court with respect to the constitutional protection afforded to future generations in the Fundamental Law. It focuses on Decision No. 14/2020. (VII. 6.) AB in which the Constitutional Court abolished an amendment to the Forest Act for infringing the right to a healthy environment and the environmental interests of future generations as enshrined in Article P of the Fundamental Law. On this occasion, the Constitutional Court for the first time explicitly recognized that Article P embodies the public trust doctrine; and stressed that it confers fiduciary duties on the State to act as a trustee over the natural heritage of the nation for the benefit of future generations, which limits the executive’s discretion to exploit and regulate such resources. This article puts the Hungarian constitutional public trust in a comparative perspective by exploring the origins, role and functioning of similar constitutional public trust provisions in other jurisdictions. This is followed by setting out the normative principles derived by the Hungarian Constitutional Court in its previous practice from Article P, such as the non-derogation principle, the principle of inter-generational equity, the imperative of long-term planning, economical use of resources and the precautionary principle. The article then sets out the legal bases featured in the ex post constitutional challenge brought against the amendment of the Forest Act by the Ombudsman, and the Constitutional Court’s reasoning. It concludes with offering some wider lessons for the judicial enforcement of long-term environmental goals vis-á-vis short-term economic private interests.


Katalin Sulyok
Katalin Sulyok: senior lecturer, ELTE Law School, Budapest; chief legal advisor, Office of the Hungarian Ombudsman for Future Generations, Budapest.
Article

Investment Arbitration and the Public Interest

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2020
Keywords BIT, ILA, ISDS, unclean hands, regulatory chill
Authors Gábor Hajdu
AbstractAuthor's information

    The study focuses on analyzing conflicts between (international) investment arbitration and the public interest, dividing its contents into five substantive sections. First, it summarizes the common characteristics of international investment arbitration (distinguishing procedural and substantive elements), followed by its most pressing issues (including frequent criticism such as lack of consistency, asymmetrical proceedings, regulatory chill, etc.). Afterwards, selected investment arbitration cases are examined, grouped based on which areas of public interest they affected (environmental protection, employee rights, public health). These cases all hold relevance and offer different insights into the workings of investment arbitration, which serve to illuminate the complex interplay between foreign investor and public interest. The cases also provide the foundation for the study’s conclusions, where key observations are made on the central subjects.


Gábor Hajdu
Gábor Hajdu: PhD student, University of Szeged.
Article

The Temporal Effect and the Continuance in Force of the Treaty of Trianon

A Hundred Years Later

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2020
Keywords peace treaties, Trianon Peace Treaty, termination of treaties, temporal effect of international treaties, law of international treaties
Authors Norbert Tóth
AbstractAuthor's information

    The 1920 Trianon Peace Treaty ended World War I between Hungary and its belligerents. Nonetheless, one hundred years have passed since then, yet this peace treaty is still unsettling to many, causing misbelief, hatred, anger and misunderstanding both in Hungary and its neighboring countries. To unearth the temporal aspects of the Trianon Peace Treaty, more precisely, to identify exactly what obligations remain in force following this rather hectic century, it is indispensable to study the temporal effect of this agreement. The present article aims at arriving at a conclusion in relation to several misbeliefs held with respect to the Trianon Peace Treaty as well as the issue of its termination.


Norbert Tóth
Norbert Tóth: associate professor of law, National University of Public Service, Budapest.
Article

The CETA Investment Court and EU External Autonomy

Did Opinion 1/17 Broaden the EU’s Room for Maneuver in External Relations?

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2020
Keywords EU investment treaties, investment arbitration, EU external relations, EU treaty-making capacity, level of protection of public policy interests
Authors Wolfgang Weiss
AbstractAuthor's information

    The present contribution analyzes Opinion 1/17 of the CJEU on CETA, which, in a surprisingly uncritical view of conceivable conflicts between the competences of the CETA Investment Tribunal on the one hand and those of the CJEU on the other hand, failed to raise any objections. First reactions welcomed this opinion as an extension of the EU’s room for maneuver in investment protection. The investment court system under CETA, however, is only compatible with EU law to a certain extent. This was made clear by the Court in the text of the opinion, and the restrictions identified are likely to confine the leeway for EU external contractual relations. Owing to their fundamental importance, these restrictions, inferred by the CJEU from the autonomy of the Union legal order form the core of this contribution. In what follows, the new emphasis in the CETA Opinion on the external autonomy of Union law will be analyzed first (Section 2). Subsequently, the considerations of the CJEU regarding the delimitation of its competences from those of the CETA Tribunal will be critically examined. The rather superficial analysis of the CJEU in the CETA Opinion stands in stark contrast to its approach in earlier decisions as it misjudges problems, only seemingly providing for a clear delimitation of competences (Section 3). This is followed by an exploration of the last part of the CJEU’s autonomy analysis, in which the CJEU tries to respond to the criticism of regulatory chill (Section 4). Here, by referring to the unimpeded operation of EU institutions in accordance with the EU constitutional framework, the CJEU identifies the new restrictions for investment protection mechanisms just mentioned. With this, the CJEU takes back the earlier comprehensive affirmation of the CETA Tribunal’s jurisdiction with regard to calling into question the level of protection of public interests determined by the EU legislative, which raises numerous questions about its concrete significance, consequence, and scope of application.


Wolfgang Weiss
Wolfgang Weiss: professor of law, German University of Administrative Sciences, Speyer.
Article

European Citizens’ Initiatives for the Protection and Promotion of Rights and Interests of National Minorities

Latest Developments

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2020
Keywords European Citizens’ Initiative, national minorities, Minority SafePack, cohesion policy, participatory democracy
Authors Balázs Tárnok
AbstractAuthor's information

    This paper examines the latest developments in the two minority-related European Citizens’ Initiatives (ECI), the Minority SafePack Initiative and the Cohesion Policy Initiative (ECI on National Minority Regions). A key theoretical question of this paper is whether the ECI can be seen as an effective tool for the protection and promotion of the rights and interests of national minorities in the EU. The paper presents the most recent judgments of the General Court and the CJEU related to these ECIs. The Courts made important statements in terms of the admissibility criteria of ECIs, as well the possibility to propose EU legislation aiming to increase the protection of persons belonging to national and linguistic minorities. The paper also investigates the experiences of the signature collection campaign of the Cohesion Policy Initiative and the current status of the Minority SafePack Initiative in the examination phase. Finally, the paper aims to set up a prognosis on the future of these ECIs, taking into consideration the Commission’s latest proposal on the extension of the ECI deadlines.


Balázs Tárnok
Balázs Tárnok: junior research fellow, National University of Public Service, Europe Strategy Research Institute, Budapest; PhD candidate, Pázmány Péter Catholic University, Budapest.
Article

The European Charter for Regional or Minority Languages

Specific Features and Problems of Application

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords European Charter for Regional or Minority Languages, protection of minority languages, protection of regional languages, supervisory regime
Authors Gábor Kardos
AbstractAuthor's information

    As was the case after the Great War, World War II was followed by the setting up of international legal regimes to protect national (national, ethnic, linguistic, and religious) minorities in Europe. The emerging ideas of universalism and European unity were to prevent the aftermath of World War I, a conflict which erupted as a result of Western focusing the system of European minority protection on Central and Eastern Europe. The European Charter for Regional or Minority Languages protects minority languages, without granting minority rights. It provides an á la Carte system of obligations, with a supervisory system hinged on government reports. The Charter was intended to be a ‘high politics’ treaty. Nevertheless, with the protection of the minority linguistic heritage and the indirect provision of minority linguistic rights, it meant a first step towards bringing an end to the 19th century processes linguistic homogenization of the budding nationstates. As such, its implementation is highly political. The minority languages protected by the Charter are strongly varied in nature. If we add this factor to the á la Carte system of obligations, the sheer complexity of the system prevents evaluations of the Committee of Experts from being as consistent as they should be. An important contribution of the soft supervisory mechanism is that it at least puts some problematic issues on the agenda, however, experience has shown that the transposition of treaty obligations into national law is always a simpler task than creating the substantive conditions for the actual use of minority languages.


Gábor Kardos
Professor of law, ELTE Law School, Budapest; Member of the Committee of Experts of the European Charter for Regional or Minority Languages.

Zénó Suller
PhD student, Pázmány Péter Catholic University, Budapest.
Article

To the Margin of the Theory of a New Type of Warfare

Examining Certain Aspects of Cyber Warfare

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords new types of security challenges, cyberspace, cyber warfare, cyber attack, cyber defense
Authors Ádám Farkas and Roland Kelemen
AbstractAuthor's information

    In the second half of the 20th century, humanity went through an unprecedented technical and technological development. As a result, technological innovations emerged in the course of the last third of the century which have now become indispensable parts of everyday life, the whole society and even the state. Among them, we must mention the IT sector, which has effectively enabled global contacts and communication between people and organizations across different parts of the world through various tools, programs and networks. Moreover, it also facilitates and simplifies everyday tasks both in the private and the public sector. Cyberspace is a unique and complex phenomenon, since it can be described with physical and geographical concepts, but in addition, its virtual features also have extraordinary relevance. As a result of its remarkable expansion, fundamental areas such as sociology, geopolitics, security policy or warfare must also be reconsidered. This paper provides an overview of the new types of security challenges for the 21st century, most notably security risks related to the cyberspace. In addition, some aspects of cyber warfare, such as cyber intelligence, cyber attack and cyber defense are examined. Particular attention is given to the question whether a cyber attack in itself can reach the level of an armed attack, and if so, what means can be used by the State under attack in defense.


Ádám Farkas
1st Lieutenant of the Hungarian Defence Forces; associate professor, National University of Public Service, Budapest.

Roland Kelemen
Assistant lecturer, Széchenyi István University, Győr; assistant research fellow, National University of Public Service, Budapest.
Article

E Pluribus Unum? Racial Injustice in the US and the International Response

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords UN human rights machinery, prohibition of discrimination, segregation in the US, racial discrimination, UN Human Rights Council
Authors Thamil Venthan Ananthavinavagan
AbstractAuthor's information

    The UN issued a scathing report in 2016 stating that “[I]n particular, the legacy of colonial history, enslavement, racial subordination and segregation, racial terrorism and racial inequality in the US remains a serious challenge.” After international slave trade, abolition of slavery, Jim Crow laws, civil rights struggle, ongoing systemic police brutality against African Americans and a prison machinery with a high prison rate with African Americans inmates the question remains: has racial discrimination ever ended in the US? The rising strength of a white supremacist movement poses another significant threat to the national cohesion of different communities in the US. Moreover, it reveals the dormant white nationalism that has awakened in light of policies and rhetoric animated and nourished by leading politicians in the country. To this end, this paper will investigate the following question: what is the impact of the colonial past on the US and how did the UN respond to this past? Finally, what will be the role of the UN to enhance the US human rights infrastructure for African Americans and ameliorate their situation in light of rising white supremacism?


Thamil Venthan Ananthavinavagan
Lecturer, Griffith College, Dublin.
Article

“Land of Confusion”

Social (Fundamental) Rights and the Provisions of the Fundamental Law in Light of the Practice of the Constitutional Court of Hungary

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords Constitutional Court of Hungary, social rights as fundamental rights, right to social security, state goals, social security system of Hungary
Authors István Hoffman
AbstractAuthor's information

    Modern welfare democracies developed different approaches to social rights. This paper briefly reviews the different models for the institutionalization of social rights as fundamental rights in modern democracies. In Hungary, the approach to social security has been significantly transformed by the Fundamental Law. For this reason, the paper reviews the approach of the Hungarian constitutional system to the right to social security between 1989 and 2011 and introduces the current position of social rights in the Hungarian legal system. This is done through and assessment of the provisions of the Fundamental Law and the current case-law of the Constitutional Court of Hungary.


István Hoffman
Professor of law, ELTE Law School, Budapest.

Ágnes Kovács-Tahy
Assistant professor, Pázmány Péter Catholic University, Budapest.

Bence Kis Kelemen
Junior assistent professor, University of Pécs.
Book Review

Reinventing Government

Constitutional Changes in Hungary

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2018
Authors Benedek Varsányi
Author's information

Benedek Varsányi
Legal advisor, Constitutional Court of Hungary.

Eszter Bianka Sütő
PhD candidate, University of Debrecen.

Csaba Törő
Associate professor, Károli Gáspár University of the Reformed Church in Hungary, Budapest.
Showing 1 - 20 of 41 results
« 1 3
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.