Suchergebnisse

While the recognition of language rights is slow to progress, with the incremental development of language technologies, an increasing number of solutions makes the enforcement of fundamental rights of members of linguistic feasible. Although these developments are to be welcomed, such technologies are inherently 'biased' in the sense that these are developed primarily for 'larger' or more powerful minorities. This situation opens new cleavages besides already existing divisions between majorities and minorities, producing different categories of 'privileged' and disenfranchised minorities. The present paper provides an overview of the development of language technologies that may be harnessed for the enforcement of rights. Mapping the different linguistic minorities affected by these developments, the paper seeks to elucidate how new technologies reshuffle power and interest representation opportunities between language groups. Finally, the paper takes a brief look at the challenges of assimilation of minority languages and cultural appropriation.

EU Education policy is 'an a priori very lightly Europeanized policy area' (Alex Warleigh-Lack & Ralf Drachenberg, Spillover in a Soft Policy Era? Evidence from the Open Method of Coordination in Education and Training, 18(7) J. Eur. Pub. Pol'y 1000 (October 2011)), belonging to the weakest type of Union competence, and of all EU policies, it is the one most strongly influenced by open method of coordination (OMC) (Sacha Garben, The Future of Higher Education in Europe: The Case for a Stronger Base in EU Law, LEQS Paper No. 50/2012, 13 (July 2012)), a policy instrument known for its 'soft' character. Yet there is a tension between the soft education policy competence and the soft measure of OMC employed in its framework. EU soft competences are generally explained by Member States' reluctance to attribute competences to the EU in sensitive policy areas, but the soft instruments used in these areas nevertheless ensure compliance, while evading and bypassing competence and decision-making constraints. This general finding, made clear with the help of fiscal federalism and public choice approaches to EU education policy is also relevant in areas of (exclusive) EU legislative competence where soft instruments are used (such as customs policy). The present article tries to shed light on the various manifestations of softness and their ambivalent relationship with the help of the fiscal federalism and the public choice approach.

On 13 March 2020 the Hungarian Government announced the immediate closure of all schools throughout the country to prevent the spread of COVID-19 forcing several hundred thousand children to learn from home, and teachers to ensure their education. The Hungarian Educational Authority hurried to issue recommendations on the use of digital education tools. During the COVID-19 pandemic and the special legal order consequently introduced by the Hungarian Government, Hungary has seen the emergence of such non-binding measures adopted by public entities, complementing governmental action against the pandemic, with the aim of providing guidance to bodies exercising a public service function ("addressees"). These protective measures adopted under the special legal order are deemed to be successful and are largely followed by the addressees. Since soft law has hitherto been neglected by both Hungarian administrative governance and the legal literature, the recent burgeoning of non-binding measures deserves scholarly attention. In this article, we set out to map the specific context of the emergence of domestic soft law and the conditions for its adoption and reception, relying on our case study conducted in respect of the National Educational Authority's recommendations.

This book contains a collection of articles written mostly by Hungarian authors covering developments in the field of international law and EU law, as well as the progress in domestic implementation and application of these fields of law. The thematic chapter on the significance of EU values, authored, among others, by renowned international experts, gives an in-depth analysis of a current issue of international law or European law. It also contains numerous articles analyzing well-known Hungary-related cases and their assessment from the perspective of Hungarian legal experts. The book offers