The Goal of New Public Management
In: Társadalomkutatás, Band 30, Heft 2, S. 169-185
ISSN: 1588-2918
13 Ergebnisse
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In: Társadalomkutatás, Band 30, Heft 2, S. 169-185
ISSN: 1588-2918
In: Társadalomkutatás, Band 30, Heft 4, S. 370-385
ISSN: 1588-2918
In: Társadalomkutatás, Band 27, Heft 1, S. 93-99
ISSN: 1588-2918
In: Erdélyi jogélet, Band 1, Heft 3, S. 31-63
ISSN: 2734-7095
The study undertakes to clarify some basic issues that have been erroneously recorded in the public consciousness, to make a kind of confrontation in order to take the initial steps of improving the Romanian−Hungarian relationship. In order to achieve the above goal and basic thesis, it is a primary task to illuminate and banish the mistakes and myths recorded in the public consciousness from both sides. In this context, it is revealed that neither the topos of the "millennial Hungarian oppression" simplified to the extreme nor the thesis of the "slow − anti-Hungarian − Romanian national occupation" can be held. In the interest of constructive dialogue, it is worth returning to the position that prevailed in the Hungarian reform era, and even at the time of the unification of the Romanian states, according to which the interdependence and commonality of destiny of the two peoples is a real and common path. To this end, the study uses legal history to present the original meaning of nationalism, the majority and minority arguments made during the drafting of the Hungarian Nationality Act of 1868, the models that can be interpreted in the majority−minority relationship, and the relationship of the two states to these models then and in the present day. In this context, the constitutional conceptions of Hungary and Romania are analysed in connection with the minority issue with the intention to prove the legitimacy of the needs of the Hungarian minority. The basic premise of the study in this area is that if a minority demand was legitimate from the Hungarian side within the Hungarian state, then the argumentum a simile from the Hungarian side is necessarily legitimate within the Romanian state.
In: Erdélyi jogélet, Band 1, Heft 4, S. 111-125
ISSN: 2734-7095
"One of the most important issues in the design of national work injury compensation systems is how the two main possible routes of liability relate: on the one hand, the non-tort compensation (social security) model and, on the other, the tort compensation (employers' liability under civil or labour law) model.
In the Hungarian system of accident compensation in labour law, the employee is primarily entitled to certain benefits within the framework of social insurance and may claim damages in excess of this in damages lawsuits.
Employers' liability schemes can be supplemented by voluntary liability insurance solutions. Liability insurance contracts protect both parties: employers are protected against unplanned payments, possibly large amounts of compensation, and the outcome of potentially unpredictable compensation lawsuits, while it means guaranteed coverage for the employee in case of damage.
The introduction of compulsory liability insurance for employers is an issue that arises from time to time. In some countries, employers are required to take out liability insurance, such as the United Kingdom, Germany, France, and Austria. In insurance-based models, the route of compensation plays a marginal role. In Hungary, the penetration of liability insurance is low; however, there is currently no legislative intention to make liability insurance more extensive or mandatory for employers.
In general, however, there is no universal model for accident compensation in labour law. There is no such benchmark at the European Union level either, and it can be said that there is no explicit intention to fully harmonize Member State regulations.
In this study, I examine the consequences of the mandatory or wider application of liability insurance, the regulatory concepts that exist, and the role that the European Union plays in regulating the issue."
In: Erdélyi jogélet, Band 1, Heft 2, S. 141-150
ISSN: 2734-7095
The Act XXX of 1868 regulated the public law situation of Croats and Hungarians in a uniquely subdualist way within the Monarchy, and the status quo provided an appropriate basis and guarantees for further development. Another significant step in the settlement of ethnic relations within the Monarchy was Act XLIV of 1868, a law that had an organic relationship with the Compromise Act. Both the Compromise Act and the Nationality Act were defined by the public law conception represented by Ferenc Deák, the essence of which is to focus on the terminology of the unified "political nation" for the Hungarian side, and the position and rights of other national minorities were regulated in relation to it. In Deák's understanding, the concept of the political nation was linked to the idea of the nation-state, which, as a result of domestic political changes after 1875, became increasingly nationalist and upset relations with individual nationalities, including Croats. In the long run, this process led to mutual misunderstandings between the peoples within the Habsburg Monarchy and to an explosion of ethnic and political relations as a result of several unfortunate political factors.
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.
In: Erdélyi jogélet, Band 2, Heft 1, S. 157-170
ISSN: 2734-7095
The role of duels changed a lot throughout history. Based upon observations, most duels resulted from personal grievances. Duels were present even in the mid-20th century in Hungary. In the 20th century, duels were one of the greatest dilemmas of justice. The public opinion accepted duels, but the legal profession condemned them, mainly because of the possible negative consequences. In my study, I will present most of the legal provisions for duels both in Hungary and in Europe, the ethical Code of duels, and the most important lawyers, opinions on duels. Finally, I will explain the main reasons that had led to the decline of duelling.
In: Erdélyi jogélet, Band 1, Heft 3, S. 3-10
ISSN: 2734-7095
The aim of the discussion paper is to assess the current state of Romanian−Hungarian relations in Transylvania, the causes of the problems and possible ways to improve interethnic links. The proposals include legal and non-legal solutions. From a Hungarian point of view, is not possible to circumvent the redesign of the dialogue; it is necessary to be able to explain why the goal is to achieve consociational democracy. In this context, it is also necessary to write a short programe document in Romanian outlining the ideal model of coexistence. The legal instrument for moving forward still seems to be the Minority Act provided for in the Constitution but never adopted. In this regard, Romania is in a situation of anti-constitutionality due to omission. Resolving the problem of language use in the judiciary is also a key issue. The establishment of training centres in Cluj-Napoca and Iași within the framework of the National Institute of Magistracy in the short term may be a step forward to tackle the under-representation in the judiciary, while consociational democracy is the solution in the long term for this issue as well. The topic of cultural autonomy, which already exists in certain elements, is also open and may lead to progress, and this must be resolved within the framework of the Minority Act.
In: Erdélyi jogélet, Band 2, Heft 3, S. 77-85
ISSN: 2734-7095
On 9 May 2002, eight people were killed in a bank robbery in Erste Bank's branch in Mór. The serious crime has put tremendous pressure on the public to find the perpetrators as soon as possible. About a month and a half after the crime had been committed, Ede Kaiser and László Hajdú were arrested on 24 July 2002 – they were reasonably suspected of committing the bank robbery, according to the police. Based on the evidence gathered, they were charged in December 2003 and convicted a year later. In 2007, however, new evidence emerged, the weapons used in the crime were found and led to the real perpetrators. The innocent convict was acquitted in November 2009 in a retrial. The study shows what factors may have led to the wrong judgment. Thus, it covers the dangers of hot pursuit and the benefits of raster investigation, which could have identified the real perpetrators much sooner.
In: Erdélyi jogélet, Band 1, Heft 2, S. 125-139
ISSN: 2734-7095
As a starting point, the study underlines that one cannot speak about a homogenous Slovak nation and politics in the middle of the 19th century; therefore, it gives an overview of the plebeian-middle-class movement, of its system of values, programme, and documents in 1848—1849, 1861, and in the period of the Compromise negotiations. Afterwards, it presents the nobility of Upper Hungary, with a Slovak mother tongue and ethnic feeling, who, according to its identity in the framework of the states, has belonged to the feudal Natio Hungarica. As the narrower focus of the study, the author takes the Slovak perspective and summarizes the ethnic dimensions of the activity of parliaments in 1861 and from 1865 on. The Slovak national movement could not send its own deputy, the interests of the Slavs of northern Hungary thus being represented by Adolf Dobriansky, born as a Ruthenian; however, the Nationalities Law, Art. 1868: XLIV. could be codified rather due to the mentioned Slovak-speaking nobility, standing behind the party of Ferenc Deák. Finally, we are provided a picture of the rival programmes of different newspapers that divided the Slovak public opinion, and in connection with the law we can read about their first reactions and experiences.
In: Erdélyi jogélet, Band 2, Heft 1, S. 195-217
ISSN: 2734-7095
The corporate governance as a regulatory system has started a journey towards independence for a while, and sooner or later it will turn into a self-standing field of science. This process is facilitated not only by its transdisciplinary nature, which combines legal science with economic science, within the civil law, the corporate law, business economics, management and organizational science, but also, in the case of state-owned companies, with public administration and proceedings law. The timeliness of the topic is illustrated by the prolonged transition to market economy following the 1989 regime change, the controversial application of company law, the scandals around certain privatization processes, the bankruptcy of many important state-owned enterprises, all of these bringing about a willingness to establish a regulatory framework. Taking into consideration the above short presentation, the subject of our analysis is very complex; this article intends to limit the examination to the Bucharest Stock Exchange Corporate Governance Code, investigating it in comparison to the provisions of the Romanian legal system. At the same time, it sets as an objective to make use of a concrete example (the most important Romanian state-owned joint stock company listed at the Bucharest Stock Exchange), Romgaz, in order to present the reader the ways and circumstances of the implementation of the general principles and provisions to comply with , as included in the Code.
In: Erdélyi jogélet, Band 2, Heft 3, S. 103-114
ISSN: 2734-7095
"The case known in the public discourse as the Roma murders was a series of attacks on Roma committed with a distinctly anti-Gypsy, racist motive by Árpád Kiss, István Kiss, Zsolt Pető, and István Csontos – the latter having joined them later – between July 2008 and August 2009.
The perpetrators had previously committed a gun robbery in Besenyszög and then carried out firearm and Molotov cocktail attacks on Gypsies in a total of nine settlements across five counties, killing a total of six people. The investigation revealed that several of the offenders were related to the skinhead community in Debrecen, and their motive was retaliation for crimes related to gypsies and incitement of anti-Gypsy sentiments among the population.
They were arrested on 21 August 2009, in a nightclub in Debrecen, where two of the perpetrators worked as bouncers. Their criminal proceedings began on 25 March 2011, and the verdict was pronounced on 6 August 2013. The first-, second-, and third-degree defendants were sentenced to actual life imprisonment, while the fourth-order defendant was sentenced to 13 years in prison, of which he could not be released on parole, so he is expected to be released at the end of August 2022.
The publication presents the events, the process of the investigation, the arrest, and the perpetrators. The author seeks to find motivation for the events and broader social aspects."