Constitutional private law
In: Társadalomkutatás, Band 31, Heft 4, S. 373-385
ISSN: 1588-2918
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In: Társadalomkutatás, Band 31, Heft 4, S. 373-385
ISSN: 1588-2918
In: Társadalomkutatás, Band 27, Heft 4, S. 423-439
ISSN: 1588-2918
In: Constitutions of the world from the late 18th century to the middle of the 19th century: sources on the rise of modern constitutionalism
In: Europe Vol. 2
In: Erdélyi jogélet, Band 1, Heft 2, S. 59-84
ISSN: 2734-7095
One of the key elements of Hungarian public thinking is the question of nationalities and its historical aspects. For well-known historical facts, the questions and answers of national minorities still have constitutional significance. The examination of the Act XLIV of 1868 on the Equality of Nationalities, including its antecedents, has not only importance from the point of view of legal history, but it is also essential for the cultivation of the current constitutional law, and, consequently, also strongly contributes to the understanding of today's legal institutions. The essay describes the process of drafting this legislation.
The legal relationship between civil servants and the state, is not governed by the theory of sovereignty, which is relevant in the outer relationships between the state and its citizens, though it has some, limited effect on the inner relationships between the civil servant and the state organ, as well. The inner relationship falls into the category of "dependent work" and therefore civil servants must enjoy the employment rights generally applicable to employees with some alterations. Among such rights, two are investigated more closely in the paper: protection against unjust dismissal and collective rights of workers (right to organise, right to bargain collectively, and right to strike). In 2010 the Hungarian state modified its regulations on civil servants and introduced dismissal without notice referring to the argument that the parties of the legal relationship must be treated equally and because the civil servant can resign from its position without notice, the same right should be enjoyed by the state, as well. The Hungarian Constitutional Court and European Court of Justice nullified this law because of violating the right to work, the right to human dignity, and the right to hold public positions. The regulations on collective rights of civil servants have been systematically violated by the Hungarian legislator since 1992, when the first regulation on civil servants passed. Until 2011 the right to organise has been enjoyed without disturbance by civil servants but since than the state has organise the Bar of Hungarian Civil Servants into which all civil servants are obliged to enter. Because the Bar has rights which are usually considered to be union rights, therefore the Bar is a competitor of the civil servants' unions; consequently the regulations on the Bar violate the right to organise. The right to bargain collectively has never been enjoyed by unions of civil servants since 1992, despite such right is generally applied in developed countries app. since 1960-1970s and is also accepted by the international conventions on social and economic rights. The right to strike is also restricted by the Agreement on Right to Strike in Civil Service (1994) which prohibits the rights to strike far beyond the limits established by the Fundamental Law and the Act on Right to Strike (Act No. VII of 1989). Alternative methods of collective dispute settlement (mediation, arbitration) are also neglected by the Hungarian legal regime.
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