Suchergebnisse

Apart from the relation between the Lands of the Crown of Saint Stephen and the other realms of the Habsburg Empire, the primary issue of the 1860s Hungary and Transylvania to handle was the nationality equality — accordingly, the recognitions of a nation and the language policy. As soon as the national question came into view, both the Hungarian and non-Hungarian political élites formulated their outlines on how to adjust regulations, intended to be epoch-making, regarding the national and language affairs, while the emperor temporarily coordinated the case with royal decrees until the definitive Nationality Act of 1868. The Act and its preceding drafts administered many domains regarding all branches of power, with the special role of the declaration of nations, namely the recognition of such as a legal entity, a juridicial person, which would (have) allow(ed) further entitled rights, deriving from a declaration in the era. The Hungarian and non-Hungarian acts and drafts examined in the study show decisive discrepancies regarding the number of nation(alitie)s recognized as legal entities, how the minorities were defined, and what concept of a nation each draft laid down. In my study, I examine the dissimilarities of the 5 draft plans (and the Act) made by the Hungarian élite, 8 draft plans (and acts of the 1863—1864 national assembly of Transylvania) related to the nationality political élite, draft plans and royal decrees associated to the emperor and the Royal Hungarian Lieutenancy, and a joint independence opposition — nationality draft plan.

"Following the coming into force of the new Social Dialogue Act in 2011, the Romanian collective bargaining system has fundamentally changed due to the restructuring of the levels of collective bargaining and the definition of the representativeness criteria. The collective agreement is the central institution of the collective labour law, the existence or non-existence of it, the content of the agreement being of a real interest for the enforcement of employees' interest. The new regulation significantly weakened the bargaining power of the social partners, which very soon led to a drastic reduction in the number of the concluded collective agreements.
In our study, we try to point out the problematic issues of the Romanian regulation related to the collective agreement, anticipating at the same time the possible new perspectives opened up by the attempt to amend the law."

The purpose of the study is to explain the evolution of regulations that resulted in minority rights for Romanians living in Transylvania in the pre-1918 period. The study analyses in detail the advancement of the idea of " nationalities" (in the meaning of national minorities) in the legislation from the last decade of the 18th century and presents the legal claims of the Transylvanian Romanians against the Habsburg Empire and the Hungarian Parliament. The authors present the Nationalities Act adopted in the 1848 revolution, but left without consequences, and examine the development of laws on minority rights during the legislative period following the Austrian-Hungarian settlement. The article discusses the grand debate on the act on nationalities, which took place in the Hungarian Parliament in 1868, and describes the later assimilation efforts by the majority lawmakers. The authors draw attention to the fact that non-Hungarian nationalities acquired a minority status only after the adoption of the Nationalities Act by the Hungarian state, which became a so-called majority state.

The aim of the discussion paper is to assess the current state of Romanian−Hungarian relations in Transylvania, the causes of the problems and possible ways to improve interethnic links. The proposals include legal and non-legal solutions. From a Hungarian point of view, is not possible to circumvent the redesign of the dialogue; it is necessary to be able to explain why the goal is to achieve consociational democracy. In this context, it is also necessary to write a short programe document in Romanian outlining the ideal model of coexistence. The legal instrument for moving forward still seems to be the Minority Act provided for in the Constitution but never adopted. In this regard, Romania is in a situation of anti-constitutionality due to omission. Resolving the problem of language use in the judiciary is also a key issue. The establishment of training centres in Cluj-Napoca and Iași within the framework of the National Institute of Magistracy in the short term may be a step forward to tackle the under-representation in the judiciary, while consociational democracy is the solution in the long term for this issue as well. The topic of cultural autonomy, which already exists in certain elements, is also open and may lead to progress, and this must be resolved within the framework of the Minority Act.

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.

"One of the most important issues in the design of national work injury compensation systems is how the two main possible routes of liability relate: on the one hand, the non-tort compensation (social security) model and, on the other, the tort compensation (employers' liability under civil or labour law) model.
In the Hungarian system of accident compensation in labour law, the employee is primarily entitled to certain benefits within the framework of social insurance and may claim damages in excess of this in damages lawsuits.
Employers' liability schemes can be supplemented by voluntary liability insurance solutions. Liability insurance contracts protect both parties: employers are protected against unplanned payments, possibly large amounts of compensation, and the outcome of potentially unpredictable compensation lawsuits, while it means guaranteed coverage for the employee in case of damage.
The introduction of compulsory liability insurance for employers is an issue that arises from time to time. In some countries, employers are required to take out liability insurance, such as the United Kingdom, Germany, France, and Austria. In insurance-based models, the route of compensation plays a marginal role. In Hungary, the penetration of liability insurance is low; however, there is currently no legislative intention to make liability insurance more extensive or mandatory for employers.
In general, however, there is no universal model for accident compensation in labour law. There is no such benchmark at the European Union level either, and it can be said that there is no explicit intention to fully harmonize Member State regulations.
In this study, I examine the consequences of the mandatory or wider application of liability insurance, the regulatory concepts that exist, and the role that the European Union plays in regulating the issue."