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

In my article, I deal with the prohibition of customary law and analogy to the detriment of the perpetrator. Both mentioned prohibitions arise from the principle of legality. The starting point of the analysis is a decision of the Hungarian Supreme Court in 1898 dealing with the criminal offence of theft related to electricity. I presented examples of the extensive and then of the restrictive interpretation by Hungarian criminal courts. My conclusion is that the principle of legality may obviously infringe, for example, criminal liability extended by analogy. However, an overly restrictive interpretation must also be avoided, as this could threaten to violate the state's obligation for criminalization.

As a result of the unfavourable global processes, the EU's ability to sustain a sufficient standard of living according to the share of the global GDP, is in real, perceptible danger. In order to avoid the gloomy scenario, and to handle the unpredictable risks the European Commission is getting framing new strategies. These long term conceptions contain priorities, which serve as guideline to reach the goals, objects proposed. To enhance the competitiveness of the EU there are several (direct and indirect) means to apply. One of these is the less known European Court of Auditors (ECA). The ECA –in the course of its functions –contributes to the financially effective, economical, efficient, regular and transparent priority oriented use of the sources of the EU-budget, and hereby catalyzing the development of the competitive features. Henceforth I represent the functional activity, work of the European Court of Auditors regarding the cohesion policy and the linkage to the general competitivness.

At the end of 1918, the Romanian Army overran Transylvania in the context of the Hungarian state crisis. Before the peace treaty conclusion, in 1919, it took over the judiciary in the occupied territories: the courts and the bar of attorneys. This article examines the course and legal context of this takeover: the problem of legality and the actual course of the takeover.

The issue indicated in the title of the study is essentially a complex of legal problems, which raise several questions about the concepts used, such as: What is human dignity? What rights can be derived from it? Can we talk about the right to human dignity? What is personhood? What are the personality rights? How is human dignity related to the personality rights? The study examines the problem from the perspective of Romanian legislation and Constitutional Court practice.

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.

In September 1989, a four-year-old girl, Anikó O., disappeared from a flat-house in Komló. The authorities were searching her for three days. On the fourth day, her stabbed body was found in one of the basement storerooms of the flat-house. The systematic, thorough investigation brought success after one week. The authorities identified the perpetrator, who lived in the flat-house. She also made a full confession. Besides, many hard evidence and expert opinion supported her guilt. The court did not have any doubt, and the punishment was severe.

The case of Simek Kitty garnered a lot of interest in the media between 2002 and 2005. The fourteen-year-old girl, who endured her stepfather's physical, verbal, and sexual abuse for ten years, one day shot the aggressive man with his own weapon. Although the court sentenced the young girl for her deed, the President of the Republic gave her amnesty, so she did not have to go to jail after all. However, her life turned even worse after the incident. In my study, I examine why the events turned out the way they did and how the tragedy could have been avoided.