Suchergebnisse

Zwei gegensätzliche Rechtsauffassungen - der Rechtsmoralismus und die wirtschaftliche Rechtsauffassung von Richard Posner - werden dargestellt und die Folgen der einzelnen Rechtsauffassungen für die Strafrechtsdogmatik werden analysiert.

In 2004 the European Union accomplished an expansion of unprecedented scale in the scope of which ten new member states joined the 15 existing members of the community in one huge step. During the period leading up to and immediately following the expansion, a great number of analyses and reports saw the light of day that attempted to evaluate the further development potentials of the ten new member countries. These analyses and reports, however, considered the European Union as if it were a uniform and homogenous population or set and used it as a basis for comparison in their projections. They did so even though this assumption already fails to hold true for the EU15 and that the subsequent accessions and the global economic crisis exacerbated, and in fact, accentuated the differences in the member states' levels of development. Therefore, leaving these false assumptions behind, to gain a more reliable and workable evaluation of the convergence processes of the four Visegrad countries and to make an adequate comparison of the results, I find it highly advisable to consider the problem of catching-up from various aspects and to lay down different performance levels. My analysis only encompasses real convergence, which means that I only analyse the catching-up process and opportunities of the four Visegrad countries with a view to their GDP per capita figures, their main labour market indicators and productivity. In my paper, I present the results of the convergence calculations I did as well as the conclusions that may be drawn from them with the help of multi-level analyses that at the same time allow for describing both the functionality and the efficiency of the European Union. ; In 2004 the European Union accomplished an expansion of unprecedented scale in the scope of which ten new member states joined the 15 existing members of the community in one huge step. During the period leading up to and immediately following the expansion, a great number of analyses and reports saw the light of day that attempted to evaluate the further development potentials of the ten new member countries. These analyses and reports, however, considered the European Union as if it were a uniform and homogenous population or set and used it as a basis for comparison in their projections. They did so even though this assumption already fails to hold true for the EU15 and that the subsequent accessions and the global economic crisis exacerbated, and in fact, accentuated the differences in the member states' levels of development. Therefore, leaving these false assumptions behind, to gain a more reliable and workable evaluation of the convergence processes of the four Visegrad countries and to make an adequate comparison of the results, I find it highly advisable to consider the problem of catching-up from various aspects and to lay down different performance levels. My analysis only encompasses real convergence, which means that I only analyse the catching-up process and opportunities of the four Visegrad countries with a view to their GDP per capita figures, their main labour market indicators and productivity. In my paper, I present the results of the convergence calculations I did as well as the conclusions that may be drawn from them with the help of multi-level analyses that at the same time allow for describing both the functionality and the efficiency of the European Union.

The study analyses the post-socialist codes of private law. It evaluates them in the history of codification, presents their social background and contrasts the monistic and dualistic approach of codification.

The aim of our study is to reveal the relationship between doing sports and persistence among higher education students in the Northern Great Plain Region of Hungary and especially among Hungarian minority students in Romania, Slovakia, Serbia and the Ukraine. The theoretical background of the research is based on the developmental model (Brohm, 2002; Miller, Marchant, Polman, Clough, Jackson, Levy, & Nicholls, 2009; Melnick, Barnes, Farrel,l & Sabo, 2007) as well as Tinto's (1975) and Pascarella and Terenzini's (1980) institutional integration model. For the analyses, we used the database of the Center for Higher Education Research and Development (CHERD-H), which includes the higher education institutions in the border regions of the five countries under investigation (Hungary, Slovakia, the Ukraine, Romania and Serbia) (IESA 2015, N=2,017). According to our results, despite of the integration model theory, university sports membership decreases the level of persistence regardless of gender, country and social background. However, comparative analyses show that non-university sports club membership conveys values like appreciating the usefulness of learning and commitment to successfully complete exams and learning requirements. University and non-university sports club members mostly agree that they want to achieve the best possible learning outcomes.

Der Artikel sucht eine Antwort auf die Frage, welche Rolle die Unabhängige Kleinwirtenpartei der Kulturdiplomarie zu einer Zeit geben wollte, zu der die politische Pluralität einzelartige Möglichkeiten zur nationalen Entwicklung geboten hat. Die Analyse zeigt, dass die Partei eine europäische, gleichzeitig verpflichtet-nationale Kulturpolitik führte. Durch Forschungen wurde bewiesen, dass die Partei mit der Kriegsbeendigung in kurzer Zeit von einem Null-Standpunkt zu einer niveauvollen Kulturpolitik kommt, die den Forderungen der politischen Pluralität entspricht. Zur Zeit der internationalen Isolierung wollte die Partei ein reales Nationalitätsbild (Ungarnbild) schaffen. Die UKWP wollte eine kritische Stellung zur nationalen Vergangenheit beziehen, aber sie hatte diese Erwartung auch im Falle der Nachbarvölker. Als eine Möglichkeit der ungarischen Entfaltung hat sie die Zusammenarbeit im Karpaten-Becken gesehen. Ihrer Ansicht nach ist die "große Welt" durch die Nachbarn, durch die Versöhnung der Völker im Karpaten-Becken zu erreichen.

The public administration, in particular to the administrative procedure follows a firm objective: to create of the customer friendly approach. Also, there is more and more emphasis recently on improving the efficiency and speed of the procedure. These are the two most important keywords of the decision planning and documentation. The aim of the research in this scientific paper is to detect and analyse the decision-making methods, concurrently being ready to incorporate them into the national administrative procedure systems. These methods are to provide lawful and effectively applicable alternative dispute settlement methods ready to use in Hungarian legal system and also to assist - apart form the aim to reach the basic aims of the administrative procedure - to create a fundament of the decisions made by the authority, having regard to circumstances in real life cases, viewpoint of customers and other parties, and the balance of the public interest. The scope of the paper also covers the theoretical and practical aspects of general mediation and mediation in administrative procedure, in view with the appearance of the topic within the renewing and current administrative procedural law regime. While examining the mediation in administrative procedure in a novel point of view, this work also analyses the role of this special type of mediation in terms of efficiency and charactesistics of the current and future legal solutions in administartive cases often involving parties with adverse interests. Conclusions and proposions in the paper may provide contribution to the spreading and correct treatment of alternative decision making methods in the administrative procedure. The publication of this scientific paper supported by the ÚNKP-16-1 New National Excellence Program of the Ministry of Human Capacities (Hungary).

In the work De Europa by Enea Silvio Piccolomini, book no 20, regarding the history of Carinthia, stands recorded the story of prince Ingo, who, according to the legend, contributed significantly by way of his wit to the spreading of Christianity. This study presents the circumstances in which the Conversio Bagoariorum et Carantanorum, which contains an earlier record of the legend, came into being, and it examines the possible existence in historical reality of prince Ingo and his princely title. In the following, the author analyses the possible meaning and the significance to legal history of the term carta sine litteris (a charter without letters), which appears in other sources of the legend but not in the one recounted by Enea Silvio Piccolomini. Finally, the author presents the literary precursors to the legend of prince Ingo and his role in the Conversio as well as the path the legend took until being recorded by Enea Silvio.

What are our possibilities for removing our virtual presence from just being there for production of signs and meanings? What are the conditions under which we can benefit from the experience of being fully present in our identity on virtual platforms and stay connected with others? Social media seems to be an opportunity for this, but it happens the exact opposite: we just become a sign for our identity. Communicating our fictional selfs and meanings with others, however, gives a presence to this sign of identity. Meaning effects and presence effects (Gumbrecht) are inseparable from each other.

This paper analyses some basic questions and gives a review of literature so further the ways in which media-practices are mapped and the impact of media usage on our identity-constructions, on our relationships with others and on our reflection of the world we live in can be researched in the terms of this project.

The purpose of the study is to explain the evolution of regulations that resulted in minority rights for Romanians living in Transylvania in the pre-1918 period. The study analyses in detail the advancement of the idea of " nationalities" (in the meaning of national minorities) in the legislation from the last decade of the 18th century and presents the legal claims of the Transylvanian Romanians against the Habsburg Empire and the Hungarian Parliament. The authors present the Nationalities Act adopted in the 1848 revolution, but left without consequences, and examine the development of laws on minority rights during the legislative period following the Austrian-Hungarian settlement. The article discusses the grand debate on the act on nationalities, which took place in the Hungarian Parliament in 1868, and describes the later assimilation efforts by the majority lawmakers. The authors draw attention to the fact that non-Hungarian nationalities acquired a minority status only after the adoption of the Nationalities Act by the Hungarian state, which became a so-called majority state.

Over the past few decades, Lifelong Learning has developed into the most important pedagogic paradigm in Europe. At the same time, it has also become a generic term for the reform ideas of the European Union. Ever since the European Year of Lifelong Learning in 1996, this paradigm has been regarded as the most effective way to deal with the rapid social, political and economic changes of the modern world. With the introduction of the Lisbon Process in 2000 to create "the most competitive and dynamic knowledge-based economy in the world," Lifelong Learning has become even more significant. Although this aim has not been achieved, the EU has been endeavouring to generate "smart, sustainable, inclusive growth" since 2010 with its new agenda Europe 2020, thus strengthening the coordination of national and European policies. The idea of Lifelong Learning still plays a great role. This study analyses the reception of the European reform debate about Lifelong Learning in the educational scholarly discourse of two EU member states: Germany, representing the "old Europe", and Hungary, the "new Europe". The focus is on the 1996–2005 period – between the European Year of Lifelong Learning and the halfway point of the Lisbon Process – when EU states attempted to implement the idea of Lifelong Learning in their national educational systems. There are two main discourse lines about Lifelong Learning: (educational) policy and scholarly. The educational scholarly discourse not only reflects the European and national discourse about Lifelong Learning, but also endeavours to find compatibilities between European and German/Hungarian traditions, policy aims and research topics. The study analyses 49 articles about Lifelong Learning in ten volumes of seven educational scholarly journals in Germany and Hungary, which represent three scholarly areas in the field of education: general education, school pedagogy and adult education. Using a three-step "perception – interpretation – adaptation" analysis, it shows the similarities and differences in the German and Hungarian adaptations and the most important influencing factors. As a result, the similarities in the educational debate within these two countries can be traced back to the standardizing effects of EU (educational) policy activities. The differences stem from the different geographical and political situations, durations of EU membership, political and economic traditions after 1945 and structures of the two education systems. ; A tanulmány az Európai Unió Lifelong Learning-koncepciójának adaptációját hasonlítja össze két uniós tagország neveléstudományi vitájában: Németországban, ami a "régi Európát" és Magyarországon, ami az "új Európát" reprezentálja. Az "észrevétel-értelme-zés-adaptáció" többlépcsős elemzési séma segítségével egyrészt feltárja az EU-kon-cepció német és magyar adaptációjának hasonlóságait és különbségeit, valamint be-mutatja és elemzi az azokat befolyásoló legfontosabb tényezőket.

Based primarily on election campaigns, public opinion surveys (Consulta Mitofsky, Latinobarometro) and the official election results, this study analyses how and to what extent the Institutional Revolutionary Party, that governed Mexico for more than 70 years, has lost power. To what extent can the elections of 2000, that changed the political system, be considered as a break with the past or part of an on-going process? Why did the PRI achieve the worst election results in its history in 2006? What new political dividing lines were formed in Mexico after the disappearance of the hegemony of the PRI? What can we expect at the 2012 presidential elections? ; Választási kampányok, közvélemény kutatások (Consulta Mitofsky, Latinobarometro) és a hivatalos választási eredmények segítségével a tanulmány azt elemzi, hogy az 1920 - es években megalakult, később nevét PRI-re változtató politikai erő, amely több mint 70 éven át kormányozta Mexikót, hogyan illetve milyen mértékben szorult ki a hatalomból. Mennyire tekinthető a 2000-es rendszerváltás a múlttal való szakításnak, törésnek, illetve egy folyamat részének? Miért szerepelt a PRI még rosszabbul 2006-ban? Milyen új politikai választóvonalak jöttek létre Mexikóban a PRI hegemóniájának szétfoszlásával? Mi várható 2012-es elnökválasztásokon?

The aim of the study is to present the position and possibilities of Vojvodina in the European territorial cooperation with special focus on the EU Strategy for the Danube Region. Firstly, I examine the external relations of Vojvodina. I analyse the institutionalisation and the future of the DKMT Euroregion and the Banat-Triplex Confinium EGTC from the aspect Vojvodina, because these cooperations are significant component of the European integration process. The European territorial cohesion includes all the cross-border, transnational and interregional cooperations and democratic local and regional structures, forming under the identity of the EU Danube Strategy. This macro-regional strategy covers parts of 8 EU countries and 6 non EU countries (include Serbia) and faces numerous specific challenges: big socioeconomic disparities, underdeveloped potential of the Danube waterway, a unique environment threatened by pollution –to name just a few. Accordingly, there is a need for a stronger than usual cooperation dimension and for an integrated cooperative response across borders. Finally, I summarise how the Danube Strategy can achieve greater effect and reveal how macro-regional cooperation can help tackle local problems in Vojvodina, providing alternative solutions to problems stemming from legal and institutional differences of the border regions.

The paper summarises the sources, functions and species (types) of Hungarian private law's general principles. It emphasises that the non-legal basis thereof consists in the Common European Cultural Heritage (as Greek philosophy, Roman law, Judeo-Christian religious tradition, Humanism, Enlightenment). Thereafter, the contribution analyses the interdependence and mechanisms of action of the governing principles of Rule of Law and Justice. The study shows that, on the one hand, among homogeneous relationships and circumstances, Justice operates as the Rule of Law, while, in heterogeneity, it is the Equity, which performs the Rule of Law by means of correction of Justice: Both Justice and Equity guarantee the perpetuance of Rule of Law, which has a certain predominance according to the previous two principles. The article presents how these governing principles bind and oblige legislation, application of law and subjects of law (persons) as well. In a critical approach, the paper defines Equity as it is a governing principle of Hungarian private law obliging legislation and jurisdiction in different manners for guaranteeing Rule of Law by a correction of Justice through a one-sided preference resulting from judicial discretion based on statutory mandate for the purpose, on the one hand, of the shield those worthy of protection, and, on the other hand, in special and extraordinary cases, in order to grant derogations from the general norm within the very provisions of certain regulations.

On 28th April 2019 parliamentary elections were held in Spain, which won the left-wing Spanish Socialist Workers' Party. As a result of the elections the party system, which was characterised by the dominance of two main political forces (the Spanish Socialist Workers' Party and the People's Party) continued to transform significantly. The People's Party suffered one of the worst election results during the three decades of its history, which could be explained by the strengthening of Ciudadanos and the emergence of the radical political force, Vox.It must be noted that neither the left-wing, nor the right-wing political parties succeeded gaining absolute majority (176 mandates) in the Congress of Deputies. Taking into account of the division of political sphere and the ideological differences among the parties, it will probably take a long time until the main political forces can strike a compromise to form a coalition government in the Iberian country. This requires mutual concessions by the Spanish political elite.Besides the evaluation of the antecedents of parliamentary elections the objective my paper is to analyse the peculiarities of election campaign, but I will also highlight which factors played crucial role in the transformation of the party system in Spain. In my essay emphasis will be given to the different scenarios as regards negotiations for constructing a stable government. Because of length constraints, I will not deal with the foreign affairs- and economic policy of the socialist government.

Míg a populizmus korábban csak a szélsőséges pártokra volt jellemző, addigra mostanra általánossá vált, hogy számos ország belpolitikájának alkotják meghatározó elemét. A szakirodalomból azonban nem egyértelmű, hogy mely tényezők vezettek el ezeknek a pártoknak a megerősödéséhez, részben az eltérő minták és eltérő becslési eljárások miatt. A tanulmány három csoportra bontja azokat a változókat, amelyek befolyással vannak a populista pártok térnyerésére: gazdasági okok; bizalmon alapuló változók; kulturális tényezők. A tanulmány arra a következtetésre jut, hogy a regionális és választói heterogenitás miatt nehezen hasonlíthatók össze az adatok, emiatt kontinenseken átívelő panel adatokra lenne szükség, hogy általános ok-okozati kapcsolatot lehessen alkotni a populizmus térnyerésének okairól. = While populism in the past was associated mainly with radical parties, by today they have become a part of the political mainstream in many countries. However, looking at the literature it is unclear what factors have led the rise in populist demand. A problem when trying to understand the causal relationship is, that large econometric analyses which were conducted over the past 5 years use different samples and measurement methods. This article will investigate three groups of reasons which may have led to the increase in populist demand: economic reasons; trust reasons and cultural factors. The article finds that because of regional and electoral heterogeneity it is not really possible to compare data from Europe with that of the USA, therefore before any general conclusions can be drawn it would be useful to have panel data across continents.