The Case Law of the ECJ and the Internet (2004 – 2014)
It is no exaggeration to say that the new means of communication arising from use of the Internet have, in the past ten years, transformed the world in which we live. Information is now exchanged in quantities and at a speed that would have been unimaginable for previous generations and this explosion in the number and scope of human contacts, often between individuals who have never actually met, has inevitably given rise to a wide range of new legal disputes and questions.
The Influence of Union Law on Hungarian Civil and Commercial Law before Accession, during the Accession Negotiations and thereafter
As the title indicates, I would like to examine the influence of Community law, subsequently Union law, on the Hungarian civil and commercial law in three periods: before the accession of Hungary to the European Union, during the accession negotiations and after accession, while acknowledging that the first period overlaps with the second since the accession negotiations took place, of course, prior to accession. This requires some clarification regarding the terminology to be used. Before accession, the influence of Union law could primarily be understood in terms of the approximation of laws and the alignment of national legislation with Community legislation. Later, while the approximation of national laws was still in progress, a part of Union or Community law directly became part of Hungarian law.
A Comparison of the Contract Sections of the New Hungarian Civil Code with English Law and the Proposed Common European Sales Law
2014 is a year to celebrate in Hungary and the European Union. First, because it marks the tenth anniversary of Hungary’s accession to the EU; and secondly because it has seen the introduction of the new Hungarian Civil Code, a project to which so many of our Hungarian colleagues contributed so much. At the same time it is a fascinating period for contract lawyers and those interested in European private law generally, because we have the possibility of a European measure of general application, the proposed Common European Sales Law (CESL). The proposal is limited in scope: it applies only to sales, the supply of digital content and related services; and, if the amendments proposed by the European Parliament are accepted, it will be limited to distance contracts and possibly even to internet contracts. Nonetheless, if the CESL succeeds it may be just the first in a series of measures that, ultimately, could cover increasing numbers of cross-border contracts. The model proposed is of an ‘Optional Instrument’ that the parties would be free to use or not to use. So it will leave the law of the Member States for domestic transactions entirely untouched – and allow parties to cross-border contracts to use a national law, or where applicable the United Nations Convention on the International Sale of Goods (CISG), instead.
Recodification of Private Law in Central and Eastern Europe and in the Netherlands
It is a pleasure to celebrate today the tenth anniversary of Hungary’s accession to the European Union. So much has happened in the course of one or two generations. When I read law in Leyden in the early 1960s, I specialised in the law of the socialist nations.
The French Contract Law Reform in a European Context
How will European law develop over the coming years of the 21st Century? This question was posed by Professor Raoul van Caenegem in 2002. His answer, based on history and comparative law…
The Importance of the Principles of Equality of the EU Member States and Economic Actors in EU law
The Europe Agreements of 1997 and, subsequently, the EU accessions by the Czech Republic, Hungary and Poland in 2004 are viewed today as an inevitable and logical consequence of the fall of the Berlin Wall and the dissolution of the Soviet Union. However, even at the time of concluding the Europe Agreements, membership of our countries in the Community was by no means a foregone conclusion. Whilst participating in the Europe Agreements negotiations…
The European Convention on Human Rights: Inherent Constitutional Tendencies and the Role of the European Court of Human Rights
The European Court of Human Rights (ECtHR) is a remarkable institution. Over the past 50 years, it has shown that the protection of human rights is no longer an exclusive matter for national constitutions and national courts. Human rights, as guaranteed under the European Convention on Human Rights (ECHR), have become an issue in European law and public international law.
The Eastern Way of Europeanisation in the Light of Environmental Policymaking? − Implementation Concerns of the Aarhus Convention-related EU Law in Central and Eastern Europe
The domestic impact of the EU on the Central and Eastern European countries is an essential part of the Europeanisation research agenda. It might be interesting to examine whether the acceding countries transpose, implement and enforce the EU acquis in the same way as do the EU-15 region, or if there is a specific eastern way of Europeanisation. As for the chosen policy area, the extent to which post-Communist countries guarantee certain rights for non-governmental actors regarding environmental matters could be considered as a democratic indicator, since their former state approach usually focussed on economic growth driven by industrialisation, while environmental protection was of a lower priority.
Identification of Civil Procedure Regulatory Needs with a Comparative View
The Government of Hungary launched the review process of the Code of Civil Procedure of 1952 currently in effect. Government Decree No. 1267/2013 (V. 17.) on the codification of civil procedure (the ‘Government Decree’) has ordered that a new Code of Civil Procedure, which satisfies the requirements of international standards regarding litigation in civil and commercial matters, while at the same time promotes the effective and timely enforcement of claims in such cases, be drawn up. The new Civil Code entered into force on March 15, 2014 and, in many ways, it reshapes Hungarian substantive civil law. This is another special driving factor behind the need for procedural reform to ensure a civil procedural environment with rules that enhance the enforcement of civil law claims.