Suchergebnisse

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.

The integrity advisers are the central actors of integrity management systems of the administrative organizational structure, whose main task is to promote the implementation of the integrity approach within state administration institutions. As a complementary part of this task, we can separate the tasks of corruption prevention and the improvement of organizational integrity, of which the latter being discussed in more detail in this research and presentation. Integrity advisers play a key role in the development of organizational culture among public administration bodies, such as bodies exercising administrative authority. Looking at the topic more closely, with regard to the activities of integrity advisers, it can be clearly established that one of the engines of their operation is the proper and deep communication, which is not only necessary within the public administration and inter-agency transactions, but it also means communication activities that can be interpreted in the relationship between the public and clients. Equally important is their training and other activities aimed at developing staff awareness, relationships, situation assessment and action practices, which, in addition to and in part within public service training, provide an opportunity to shape organizational culture. The presentation and the paper aims to show the role of integrity advisors in developing organizational culture and transparency in the administration based on recent research experience about online presence of integrity advisors and in-depth interview surveys.

The main goal of the ciminal procedure is the truth, and within this reaching substantive justice. In the first Code of Criminal Procedure of Hungary (Act No. XXXIII. of 1896), this was essential, too. Looking back at Ferenc Finkey, this study looks into whether substantive justice is available in the proceedings for legal remedy. It examines two remedies: the proceeding on complaint of nullity (in Act No. XXXIII. of 1896), and judicial review (in Act No. XC of 2017).

After the change of the regime in Hungary, significant restructuration occurred in the field of polity and public administration. Current, well-known structures of local governments and its supporting administrations have been formulated as a result of this process. The structure has been changed, but only partly, as habituations did not allow an overall change. Due to the recognition of this fact, ÁROP programme had been launched since 2007 in several periods, which supported the efforts in organization development of municipalities and local administration. However, the expected success failed, since the long term upkeep of changes was not established, or the needed commitment did not exist. Responsibility of organization development enterprises is not unimportant at all. Our organization worked out several studies in the frame of ÁROP programme. Careful investigation of the current situation is the establishment and precondition of organization development. This is followed by the elaboration of the conception. These can be carried out by several methods as adapted questionnaires, targeted interviews, focus group interviews, working day record, document analysis, SWOT analysis, life cycle analysis and at last but not least CAF questionnaire. Methods to be applied from these have to be selected according to the aims of the research.

Child protection in justice is designed to prevent crime among children and juveniles, to keep them away from further crime, and to reintegrate young offenders into society. So, it also covers the areas of prevention, enforcement, and aftercare. As early as the beginning of the twentieth century, it was recognized that child protection covers the elimination of a child's financial vulnerability, the prevention of moral misconduct, and the representation of the interests of both orphans and the unhealthy. The country's opportunities have been influenced not only by political ideologies but also by the human and material casualties suffered as a result of the two world wars. The current focus of child protection in justice is always on socio-economic and political problems. Examining the personality and family relationships of juvenile offenders also went a long way in the designated period. The protection of children in justice also affects the areas of administrative law, criminal substantive and procedural law, and criminology. At the end of the paper, I compare the institution of patronage and the preventive patronage.

The period of the interim unconstitutional administration in Hungary (5.11. 1861-18.07.1865), the socalled 'Schmerling-Provisorium' had certain dual character concerning operating conditions of the civil associations. After the paralysis of the former decade the quantitative as well as qualitative indicators showed dynamic development having started already in 1857/58. On the other hand, the mechanisms of direct and indirect state control of their operation were turning even more oppressing. Through confidential and never published instructions Count Mor Palffy who as governor stood at the head of public administration of Hungary strove in these years to work out and enforce ever more and more stipulations in order to restrict their autonomy. Before 1864 he did not intend to issue new general regulation in this respect, instead he endeavoured to build further restrictive instructions into the statutes of the new associations. In 1864, nonetheless, he made an attempt at enforcing new comprehensive regulation, without success. In the Western provinces of the Austrian Empire the mere existence of the recently founded constitutional political institutions, first of all of the 'Reichsrat', prevented any similar attempt at bringing civil associatios under strict state control, moreover, Palffy himself considered the matter of associations as an provincial affair and not as an imperial one, thus he had to look for potential political supporters first of all among the high ranking Hungarian civil servants. The latter, however, mostly deemed Palffy's aspiration to be definetely harmful on the chances of any future political settlement.

Fiume (current official name: Rijeka) became part of Hungary in 1779 as a "corpus separatum". At the time of the so-called provision, after 1870, the legal system of the port city developed in a special way. Although the Hungarian government took over the administration of the city again, this did not mean the automatic reception and application of the entire Hungarian legal system. Some Hungarian laws were not later enacted in Fiume. The article prepared on the basis of the conference lecture in Cluj-Napoca (Sapientia Hungarian University of Transylvania) intends to review the issues of legal interpretation of the applicability of Act XLIV of 1868 on National Equality by using descriptive method, taking into account legal history and legal theory aspects.

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.

Administrative procedures, as well as public bodies that carry out these procedures, ought to perform functions related to the application of administrative law in a constantly changing social, economic, and political environment. This presents them with new challenges and expectations time and time again. According to the findings of the this study, the relation of transparency and administrative procedures – which could be described as a type of historically rooted but, at the same time, contemporary expectation towards public administration – fits in the above concept. The study attempts to interpret and define the concept of transparency on the basis of the terminology used by international organisations in the field of the examination of administrative procedures, and thus to highlight the issues, divergences and their causes.

The fragmentation of the Montenegrin society is significant, in terms of identities, ethnic groups and political values as well. However, the subsidized nature of the alternative of joining the EU is significant and almost unified, which can not be stated in the case of the NATO membership at all. The above mentioned fragmentation goes also with strong political division but the internal conflicts of the past 20 years have not led to violent occurrences, civil war, which can be considered a remarkable phenomenon among the Western-Balkan relations. The country is characterized by organized crime, nepotism, the presence of clan-like phenomena, corruption and the underdevelopment of democratic culture. Among the tasks of Montenegro regarding its accession to the EU, besides strengthening the jurisdiction, reducing the political nature of the administration, the fight againstorganized crime and in this context the elimination of the extensive corruption are prominently included.

The regulation of the Compromise between the Hungarian and Croat parties concluded in 1868 aimed to reach back in a large scale to the results of the political-administrative 'status quo' before 1848. Provisions of administrative competence on the central tier of administration, i. e. "corpus separatum" took place pursuant to 'Pragmatica Sanctio' referring also to Fiume as a port enjoying privileges, with the exception of the surroundings of Fiume administratively being annexed to Croatia, following the request of the Sabor of Croatia, Slavonia and Dalmatia. Further provisions would have been necessary for the clear delimitation of tasks and scope of the particular administrative matters. This would have been possible to perform on the legislative branch provided and agreement had been concluded between the regularly appointed parliamentary committees. However, this attempt persisted to fail further on. The intermittent status hence legalized, i. e. the 'provisionary status' was maintained until as late as the end of the First World War (1870–1918). In the first period, until the 1880s, national and political conflicts and default of standing regulation basically determined development in Fiume and the avail to the local capabilities; this is the time when the foundation was laid down for the development escalating during the 1880s.

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.