Suchergebnisse

Although the EU legal framework applicable to defence procurements is – given its very nature – of particular importance, very little structured information is available about it. Defence procurements have special status within the European public procurements, given their potential impacts on the essential (national) security interests of the Member States. The European regulation sets forth a legal framework for Member States, and it is the Member States that are liable for meeting the basic intentions of this regulation. The European Commission (if necessary, together with the Court of Justice of the European Union) ensures the compliance of the national legislations with the EU law, just as well the proper application of the aforementioned rules. The present article summarises the European legal framework specifically applicable to defence procurements, examines the transposition of the relevant EU directive, and certain additional interesting aspects. Due to obvious constraints, the detailed analysis of the laws of each Member State with regard to defence procurement is not possible – even though this is a very important further aspect to the topic. Also, one should be conscious about the fact that in case of defence procurements there are even more factors to be considered, such as international law or the security of supply.

Screening mechanisms as investment policy measures keep gaining importance worldwide.In October 2018, the Hungarian Parliament also adopted rules on the national securityreview of foreign investments. This paper intends to present the newly introducedHungarian screening mechanism which is applicable from 1st January 2019. The goalof this article is to determine how the established Hungarian FDI system can be typified,integrated into an existing regulatory model, or whether it carries elements of a multi-layered system, possibly providing a completely new approach to FDI. We concludethat Hungarian new rules on foreign investment control have become more transparentand coherent than in the past. Nonetheless the review process suffers from a numberof shortcomings that may hinder the full accomplishment of the predictability and theeffectiveness.

Since its adoption in 1998, the Aarhus Convention has become one of the most significant international environmental agreements. Its unique structure based on three pillars and the range of rights included in it also provides fundamental rights for individuals and organisations of the NGO sphere. However, accession to the Convention posed challenges for the European Union concerning the right of access to justice in environmental matters. The topic raises several procedural issues to which the Authors seek to approach with a thorough explanation that also considers the specificities of EU law. As a preliminary point, it can be said that the introduction of the category of regulatory acts and the development of case-law could only partially refine the CJEU's reluctance. The European Union is striving to be at the forefront of the political integration of environmental issues. Still, criticisms and dissenting views on the third pillar of the Aarhus Convention are increasingly calling into question the genuine commitment to the objectives of the international treaty. However, it is true, that due to the special legal order of the European Union, even the slightest changes can modify a whole range of procedural requirements concerning the CJEU's proceedings.