Suchergebnisse

Zsfassung in engl. Sprache u.d.T.: The concept of discrimination in the jurisdiction of the Hungarian Constitutional Court, in the light of Council Directive 2000/43/EC

The new Romanian Civil Code (adopted in 2009, in effect since 2011) comprises a section dedicated to personality rights, as a novelty element compared to the previous Code. Their incorporation into the form of juridical norm follows both naturally from the historic evolution of some fundamental rights, both from the intention of the Romanian lawmaker to offer a comprehensive legal framework in the field of civil law.

The EU is bound to respect the national identities of Member States. States might, at occasions, define their national identities in ways that breach inclusive constitutional values (e.g. equality) protected under TEU Article 2. The assumption behind the recognition of diverse constitutional identities is the peaceful coexistence of both, which is challenged by illiberal national developments. Instead, we see a zero-sum game between the constitutional recognition of exclusive values (e.g. dominant ethnicity or religion) and inclusive constitutional values; every gain by the proponents of emergent authoritarianism translates to a loss on the side of constitutional democracy. While exclusive norms appear in virtually every constitutional system, a critical mass of exclusive values can lead to the hollowing out of a democratic order, both on the national and on the supranational level. To try to draw the line where this shift happens, we are relying on the limits of toleration, and recognition, of exclusive norms and identity elements of minority communities in liberal theories of multiculturalism (e.g. Raz, Taylor, Kymlicka). We think that the case of illiberal minorities raise structurally similar theoretical questions, insights, and experiences than the dilemma defined above, the challenge of illiberal Member States undermining EU fundamental values.

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 legal relationship between the joint-stock company and its (chief) executive officer is based on the rules applicable to the contract of mandate, according to the Romanian Act on Companies. For this reason, the rules set forth in the case of contracts of mandate by the Romanian Civil Code (RCC) must be used with regard to the creation, the contents, and the cessation of the authority of the chief executive. Among its provisions pertinent to the cessation of this contract, inter alia, the RCC refers explicitly to the possibility that it may cease not only when the reasons provided for in the norms specifically regulating the contract of mandate subsist but also in the generally provided cases when the effects of contracts (as instruments) cease to exist. Such a general case is, e.g., the expiry of the duration of the contract. Regarding the authority of the executive officer, however, courts have interpreted the effects of the expiry of the duration of the contract divergently, wherefore the High Court of Cassation and Justice has set a unitary direction for interpretation by way of a decision for the unification of jurisprudence. The statements and conclusions contained in this decision are, in my view, subject to debate. In the following study, I provide a critical analysis of the statements and conclusions contained in the decision for the unification of jurisprudence based on the statutory provisions of the law currently in force.

The peace treaty that was signed by the representatives of the Hungarian government at the Grand Trianon Palace in Versailles on the 4th June 1920, closed the hostilities between the warring parties, and with its 364 articles, it recorded the severe conditions of peace, striking on the defeated Hungary. The peace agreement has not yet become effective with the signing ceremony. The enactment, ratification and sanction of the signed treaty were just ahead. Since the peace treaty was among the international agreements that came in force only after the ratification – and the implementation could also be demanded after the act – the Hungarian party done all to ensure that the ratification take place as late as possible. They wanted to achieve their limited revisionist goals during this period. However, the victorious powers urged the prompt ratification. It was more than a year process from the beginning of the ratification till the peace agreement entered into force which period can be divided into two major clearly separable phases. The first phase lasted from the signing of the peace treaty on 4 June 1920 till 26 October 1920 with its submission to the National Assembly. The second phase includes parliamentary debates and the ratification itself lasting until 26 July 1921, the exchanging of the ratification documents. The size of the subject made it necessary to present the events of the two periods in two separate studies. Thus, the present study describes and analyzes the events of the first period. The essay gives full details of the ratification as an international norm, covering the codification position of Hungary and the Little Entente states and, relating to the victorious powers efforts. The document gives a detailed analyzes of the great powers's policy which finally forced the Hungarian government to submit the ratification of the Trianon Peace Treaty to the National Assembly.