ELTE Law Journal

Considerations for Assessing Corporate Wrongdoings – a Hungarian Approach to Whistleblowing

  István Ambrus* Considerations for Assessing Corporate Wrongdoings – a Hungarian Approach to Whistleblowing   I The Problem[1] Misconduct committed within and to the benefit or detriment of a company[2] or (public) institution,[3] although it often falls under one of the offences contained in Act C of 2012 on the Criminal Code (“Criminal Code”), rarely […]

more »

Combining opt-in and opt-out systems? – Expert Proposal for the Hungarian Regulation of Collective Redress

  Viktória Harsági* Combining opt-in and opt-out systems? – Expert Proposal for the Hungarian Regulation of Collective Redress* Abstract: At present, collective redress in Hungary is limited to a certain narrow area, with sporadic and typically sectoral regulation being applied. In the existing forms of public interest, litigation is merely an actio popularis. During the […]

more »

The Legal Effects of European Soft Law and Their Recognition at National Administrative Courts

  András Kovács*, Tihamér Tóth**, Anna Forgács*** The Legal Effects of European Soft Law and Their Recognition at National Administrative Courts Introduction The aim of this article is to analyse the extent to which European Union (EU) soft law is hardened in administrative court procedures, whether national courts recognise the legal effects of soft law, […]

more »

The Application of the Köbler Doctrine by Member State Courts

  Zsófia Varga*   The Application of the Köbler Doctrine by Member State Courts   I Introduction The CJUE held in the judgment in Köbler[1] that Member States are obliged to make good the damage caused to individuals in cases where the infringement of EU law stems from a decision of a Member State court […]

more »

Taming the Untameable: The Role of Military Necessity in Constraining Violence

  Viola Vincze*   Taming the Untameable: The Role of Military Necessity in Constraining Violence  I Introduction  1 Introductory Thoughts  According to Cicero’s 2000-year-old maxim,[1] ‘Silent enim leges inter arma,’ laws are silent among arms. Nonetheless, looking back at the course of history and luckily for us, this maxim proved to be false. Laws, especially […]

more »

The Future of the European Union Cooperation

  Jaap W. de Zwaan[1]   The Future of the European Union Cooperation EU cooperation as a Process, the Relevance of the Rule of Law and Suggestions for the Future     I. Introduction The reason for my attendance here today is connected to the fact that President János Áder has awarded me a Hungarian decoration, […]

more »

Multilateralism and regionalism in international trade law

  János Martonyi* Multilateralism and regionalism in international trade law   International trade has been tested by a growing number of economic, political, ideological, institutional and legal challenges.  On the one hand, the future of the global trading system depends largely upon the development of all these “external”, uncertain and unpredictable risks and opportunities of […]

more »

Self-Governing Health Care in Germany at the Frontiers of Parliamentary Law

  Rainer Pitschas:* Self-Governing Health Care in Germany at the Frontiers of Parliamentary Law The Self-Governing German Health Care System and the Federal Joint Committee as an Independent Decision–making Body of Joint Self Government   I. Insurance in Germany 1. The Public and Private Health Care System according to the Law Illness is one of the […]

more »

Schools and Universities in the Italian multi-level governance system

Patrizia Magarò:*  Schools and Universities in the Italian multi-level governance system I  Education and Decentralisation This study intends to provide some reflections on the public education service – provided by schools and universities – which has been heavily affected by the cuts made in recent years, relegating Italy to the lowest positions among the member […]

more »

The Austrian Public Policy Clause and Islamic Family Law

Florian Heindler* The Austrian Public Policy Clause and Islamic Family Law   I. Introduction Austrian courts, in accordance with the private international law rules applicable in Austria, may be required to apply a law based on the authority of religious sources such as the Quran and the sunna. Likewise, decisions adopted in jurisdictions designated as […]

more »