ELTE Law Journal

Guest Editorial Preface: Symposium of The Ius Commune Casebook on European Law and Private Law

  Carla Sieburgh* – Balázs Fekete**   Guest Editorial Preface: Symposium of The Ius Commune Casebook on European Law and Private Law     The Ius Commune Casebook on European Law and Private Law – edited by Arthur Hartkamp, Carla Sieburgh and Wouter Devroe – was published in March 2017 as a volume of the […]

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Introduction

  Arthur Hartkamp*   Introduction   During a symposium at ELTE University in Budapest in June 2017, we celebrated the launch of the Casebook on European Law and Private Law. This book has appeared with Hart Publishing, Oxford (now an imprint of Bloomsbury Publishing). It is a volume in the well-known Series Ius Commune Casebooks […]

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Taking European (Private) Law Seriously

  Attila Menyhárd*   Taking European (Private) Law Seriously   I The Flexible System of Private Law Normally, we divide our legal systems into public law and private law. Although the public-private divide as a conceptual framework for law may be held artificial and obsolete, the structural distinction of legal relationships between individuals on the […]

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Taking the Next Step Towards More Equality

  Carla Sieburgh*   Taking the Next Step Towards More Equality   Equality goes to the heart of the law. It is a prescript that has to be observed in order to reach a level of justice that citizens indeed perceive as justice. Many perceive non-discrimination as a ‘soft’, social value: discrimination is its hard-core […]

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The Principle of Non-discrimination in Private Law Relationships as Seen and Presented by the Ius Commune Casebook on European Law and Private Law

  Réka Somssich*   The Principle of Non-discrimination in Private Law Relationships as Seen and Presented by the Ius Commune Casebook on European Law and Private Law[1]   I On the Outstanding Role of Ius Commune Casebooks in General and on Chapter 4 and Chapter 5. II. of the Ius Commune Casebook on European Law […]

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The Issue of Directives and Ex Officio Application of Primary EU Law Through the Prism of the Ius Commune Casebook on European Law and Private Law

  Balázs Fekete* The Issue of Directives and Ex Officio Application of Primary EU Law Through the Prism of the Ius Commune Casebook on European Law and Private Law**   I The raison d’être of Chapter 6 and 7 This brief paper is dedicated to Chapter 6[1] and Chapter 7[2] of the Ius Commune Casebook […]

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Directives and Ex Officio Application of EU Law

  Miklós Boronkay*    Directives and Ex Officio Application of EU Law   The book devotes a complete chapter to directives (Chapter 6) and another one to the question of ex officio application of EU law (Chapter 7). The two chapters overlap to the extent that there are directives which Courts of Member States have […]

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Horizontal Effect: Internal Market and Human Rights – a Short Comment on Cases, Materials and Text on European Law and Private Law

  Endre Orbán*   Horizontal Effect: Internal Market and Human Rights – a Short Comment on Cases, Materials and Text on European Law and Private Law   As law clerk of the Constitutional Court of Hungary, I have found the book entitled ‘Cases, Materials and Text on European Law and Private Law’[1] very inspiring for […]

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Retrial in the Member States on the Ground of Violation of EU Law

  Zsófia Varga* Retrial in the Member States on the Ground of Violation of EU Law   I Introduction In an article published in the previous volume of this journal, I presented the legislative rules and the jurisprudence in the Member States concerning state liability for violation of EU law by national supreme courts.[1] I […]

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Secret Intelligence Gathering – a Low Threshold Still Too High to Reach

  Emese Pásztor*   Secret Intelligence Gathering – a Low Threshold Still Too High to Reach** The Gap Between the Level of Privacy Protection in Europe and in Hungary After the Case of Szabó and Vissy v. Hungary[1]   Security society, safety state,[2] garrison state[3] and even illiberal state[4] are terms referring to phenomena that […]

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