Example Of Hungary Research Articles

Protection of the Environment in National Constitutional Law in Light of the Jurisdiction of the ECtHR – A Hungarian Perspective

The article gives a comparative analysis of the protection of the environment in the European human rights framework and at the constitutional level through the example of Hungary. The contribution analyses two judgments of the ECtHR in connection with the country and presents the Hungarian constitutional framework for the protection of the environment. The starting point of the analysis is the fact that the different levels of regulations – international and national – tend to focus on different aspects of protection, yet they significantly influence each other. The presentation of the two Hungarian cases is particularly topical in light of the fact that the Fundamental Law of Hungary, which introduced several unique provisions for the protection of the environment, was adopted between the finalisation of the two judgments.

Enforcement actions against European banks in the years 2005–2022. Do financial penalties imposed on European banks follow any patterns?

AbstractThis study aims to identify, by year and over the entire period under study (2005–2022), the countries with the most restrictive bank sanctioning policies in terms of amounts and numbers of penalties to point out the most active institutions in terms of imposing penalties, and to determine the regularities governing the process of imposing these burdens. Using linear ordering methods, groups of countries with similar levels of supervisory stringency identified with one of the supervisory actions, which are financial penalties, are distinguished. A total of 53 banks (the 50 largest European banks and an additional three banks designated as G-SIIs by the EBA) are identified from a constructed database of more than 300 European banks with penalties imposed between 2005 and 2022. The study’s conclusions indicate that the frequency of penalties cannot be clearly equated with the restrictiveness of supervisory institutions, as evidenced by the example of Hungary (multiplication of small penalties). The positioning of countries regarding the number of penalties, their value and grouping using linear ordering allows the conclusion that highly developed countries are characterized by relatively high restrictiveness. The results also show the difference between the Anglo-Saxon and continental models. The analysis in this article is the first comprehensive study of penalties imposed on banks by different types of institutions in 36 jurisdictions from the pre-GFC period up to the year in which the COVID-19 pandemic expired. The multi-faceted approach also provides a basis for formulating practical regulatory implications by redirecting sanctioning policy towards banks to their management and reducing the frequency of penalties while increasing their severity.

The effectiveness of the EU’s rule of law conditionality mechanism : Theoretical observations based on the case of Hungary

The effectiveness of post-accession conditionality within the EU has been of pivotal importance for the EU in past years. The European Union has plenty of tools for monitoring the compliance of EU Member States; however, when it comes to enforcement mechanisms, EU institutions perform poorly. Respect for the rule of law is especially crucial in this regard, as certain Member States (i.e. Poland and Hungary) have committed violations in this area. Hungary has been subject to several infringement procedures due to failure to comply with EU law, and the Article 7 procedure has even been activated against it. In 2020, the EU decided to connect rule-of-law violations to the EU budget disbursement by introducing the rule-of-law conditionality mechanism, which was launched against Hungary in 2022. This paper evaluates this conditionality mechanism through the example of Hungary and assesses whether it is more effective than the previous tools used to address rogue Member State behaviour and prevent continuous rule-of-law violations on a national level.

Constitutional Review as a Democratic Instrument

Abstract The article situates Rosalind Dixon’s Responsive Judicial Review in constitutional legal literature and engages with its central message by introducing the idea of constitutional courts as accessible democratic institutions. It compares constitutional review in a well-functioning and a declining democracy. After considering the relationship between democratic self-government and constitutional review, the article argues that a lawfully established, accessible, yet reasonably self-restraining constitutional court with the power of procedural and substantive review can be understood as a democratic institution. To support this claim, the article offers the example of Hungary, where democratization coincided with the birth of accessible constitutional review and where the decay of democracy has been accompanied by the decline of constitutional review. It concludes that constitutional justices can always have a choice. They can contribute to an autocratic transformation or resist the autocratic government by performing a Herculean task.

Comparative and legal aspects of cooperation between Ukraine and Hungary on the way to the EU

The main problem is the fact that Ukrainian citizens need to independently, with the help of external, international, as well as internal factors, build a model of domestic civil society with all its accompanying features and elements, thereby practically proving their commitment to the basic values of Europe, demonstrating readiness for real changes and reforms within our state. A step in this direction is also one of several still unresolved problems standing in the way of integration processes in Ukraine. A characteristic feature of the modern world development of countries is their activation of integration processes in Europe and the world. Even those countries that are not part of integration associations inevitably feel this influence. Recalling the last European territorial expansion, Ukraine became a direct neighbor of the EU. Which in time opens new opportunities for deepening cooperation with the latter. the integration of Ukraine into the European community, and subsequently its membership in the EU, does not mean the automatic creation and functioning of a new model of civil society and the rule of law in Ukraine as a whole. The first Hungarian stage was the Association Agreement signed by the European Community on November 13, 1991. The ratification process was long. Hungary ratified the agreement on December 13, 1993. The EU, declaring Hungary a candidate for the European Community, demanded a few economic and political reforms from it. In 1994, the Hungarian Parliament authorized the government to apply to the EU for Hungary's admission as a full member of this organization, the Republic of Hungary becomes an associate member of the Union. In December 1997, the Council of Europe began negotiations on the accession of six countries, including Hungary, to the EU. However, the date of their final accession to the EU was constantly postponed by its leadership due to internal difficulties experienced by the European Union. Using the example of Hungary, an attempt is made to show the complexity of the European integration path.

Securitization of International Migration in the Context of Economic and Societal Security: An Example of the Hungarian Fidesz and Jobbik Parties

The phenomenon of international migration has become one of the most complex issues within the expanding and deepening security field since the conclusion of the Cold War. By the end of the 1990s, far-right parties had securitized international migration, which had previously been encouraged by many European countries to meet their workforce needs, posing a threat to the security of both the international system and developed and developing countries. Particularly after the terrorist attack of September 11, 2001, immigration and anti-immigrant sentiments and actions were concentrated in the Western world in general, and Europe in particular, reaching a pinnacle during the Arab Spring. Far-right parties have risen in response to migration and anti-immigration discourses, securitizing international migration by claiming that immigrants disrupt European society’s homogeneity and increase integration problems, unemployment, and crime rates. This study examines the securitization of international migration on a socioeconomic and political level within the framework of far-right parties in Europe using the example of Hungary’s ruling Fidesz and opposition Jobbik parties. The conclusions reached show that international migration will be securitized in both Eastern and Western European countries where the far-right is on the rise.

The impact of the COVID-19 pandemic on cross-border shopping tourism: the case of Hungary

By today the smooth functioning of the global economy has been highly dependent on the uninterrupted flow of factors across borders. The free flow of tourists is also inevitable for the proper functioning of the global tourism industry. However, tourism and various forms of cross-border (tourism) activities were put under unprecedented pressure due to the COVID-19 pandemic, since most countries, including Hungary, introduced serious restrictions on mobility to slow down the spread of the virus. This paper focuses on a relatively under-researched topic, cross-border shopping tourism in the context of the COVID-19 pandemic. Before the outbreak of the pandemic, shopping tourism was deemed to be an increasingly important component of the tourism value chain. Several studies have demonstrated that shopping has become one of the most favourable activities among tourists and one of the major categories of tourists’ expenditure. Based on the review of the relevant literature, the paper introduces the notion and forms of shopping tourism and discusses the major research topics with special regard to the effects of the pandemic and other types of crisis events. The impact of the pandemic on shopping tourism is observed through the example of Hungary, whereby the effects of restrictions, exchange rate fluctuations, and price-level differences on the number of in- and outbound shopping trips, and the related expenditures, are evaluated. Results show that re-bordering processes due to the pandemic have not only resulted in an unprecedented decline in cross-border shopping tourism, but they also contributed to the spatial restructuring of shopping (tourism) and retailing. The pandemic not only sustained cross-border differentials vital to shopping tourism but sometimes even created new forms of them; these differences, however, could not counter the negative effects of restricted international mobility. The paper aims to contribute to the literature on cross-border tourism by reviewing the effects and consequences of COVID-19 and related restrictions on shopping tourism.

Investigative Journalism in the Era of a Crisis of Democracy: The Example of Hungary

The subject of the article is the functioning and role of investigative journalism in Hungary in the conditions of the tendency to move from liberal democracy towards autocracy, which has been observed for over two decades. This leads to the restriction of civil liberties in various areas of social life, including the sphere of activity of the independent media, which are obviously perceived by the rulers as an obstacle in appropriating the state and achieving goals contrary to the interests of citizens. Under the rule of Viktor Orbán, the leader of the Fidesz party, since 2010 a plan to monopolize the circulation of information and subordinate the media and advertising market to the ruling party has been consistently implemented. Internet sites of investigative journalism are the only enclaves of independent journalism, identified with the concept of the “fourth power.” Three such portals were analyzed, pointing to their economic basis, the methods of conducting and the subject of their investigations, and the effectiveness in publicizing irregularities in the conduct of the rulers and businessmen associated with power.

Towards a set of indices for relational economy on the example of Hungary

AbstractWhile informal relations between economic and political actors are prevalent in post-communist economies, proper tools for their quantitative measurement are lacking. This paper is a starting point for thinking about this issue. Relying on previous research (Magyar – Madlovics 2020), we elaborate the concept of ‘relational economy,’ and discuss the problem of measuring its peculiar phenomena by existing direct and indirect data. Towards a set of indices for relational economy, we consider the use of proxies in three ways: (1) a radar chart composed of specific company data; (2) ‘moments of truth’ when property movements reveal an actor's de facto ownership status; and (3) ‘moments of truth’ when adoption to or exclusion from the informal patronal network is accompanied by a significant change in financial situation. Illustrations to each of the three methods are provided from the case of Hungary after 2010.

Formation of borders in Central-Eastern Europe by consequences World War II (on the example of Hungary)

The resolution of territorial problems, the definition of borders between the countries of Central-Eastern Europe following the consequences of the Second World War is highlighted. It is proven that the territorial issue was and remains the fateful, most painful and difficult in the history of all nations. Each time this issue was decided by the winners of both world wars without participation peoples who were directly affected by it. When drawing borders, the historical-ethnic rather than the ethnic-historical principle was applied to a greater extent. All this is fully confirmed by the example of solving this issue in relation to Hungary.

Key issues in the effectiveness of public financial tools to support childbearing the example of Hungary during the COVID-19 crisis.

The propensity to have children, which, according to the view accepted in the literature, is a good predictor of actual childbearing, is of particular importance in countries with low fertility rates and economic prosperity. In this paper, we report the results of a representative survey of 15,700 respondents in 2021 of university students in an emerging market economy in Central Europe, mapping their intentions to have children. The PLS-SEM data analysis method was used to test our hypotheses on the relationships between social, economic, and environmental variables of childbearing. Our results confirm the dominant role of socio-cultural inclusiveness in childbearing, over socio-economic and environmental-economic factors. The novelty of our research lies in the impact analysis of family policy incentives; however, our results are consistent with those documented in the literature, namely, the primacy of socio-cultural factors in the willingness of childbearing.

PECULIARITIES OF PROTECTING THE REPUTATION AND HONOR OF PUBLIC FIGURES: HUNGARY EXPERIENCE

Paper analyzes conceptual approaches to understanding the concept of defamation, its legal regulation in the European legal field. The changes in the Hungarian legislation regarding defamation and the responsibility of citizens for its commission in relation to public figures are highlighted. The issues of reputation protection and protection against slander are especially relevant in the conditions of public administration digitalization. The purpose of the paper was to study the problematic issues of protecting the reputation and honor of public figures in modern conditions (based on the example of Hungary). The periods and features of the reforms regarding the provision of protection against defamation in the public sphere have been studied. Their disadvantages and advantages are analyzed. Attention is focused on a comparative review of certain issues related to the protection of the reputation and honor of public figures in criminal and civil legislation. In the legislation of Hungary, provisions relating to the establishment of basic rights and freedoms, as well as their guarantees, received their specificity during the long path of reform. The result was the formation of its own specificity, which significantly distinguishes it from similar provisions of other European states. The norms of the Constitution regarding basic human rights and freedoms attract the attention of scientists as they reflect the most modern social practices and threats in this area. This was the reason for their wide discussion and criticism in professional circles. It is proven that the formation of quality mechanism for regulating defamation in the activities of public figures in Ukraine should take place only on the basis of balancing the strengths and weaknesses of the identified defamation protection systems, taking into account the peculiarities of the Ukrainian mentality. It is emphasized that when considering cases on the protection of the reputation and dignity of public figures, it is necessary to take into account two key circumstances: the degree of public interest in the disseminated information and the degree of person's publicity about whom the information is disseminated.

Constitutional or ethnocultural? National identity as a European legal concept

Identity has long been a contested concept in the social sciences. In contrast, legal scholars have come late to the analytical discussion about the concept. It was only in the late 2000s that the concepts of national and constitutional identity became part of the European legal discourse. Today, national identity is a legal concept in EU law. Article 4(2) of the Treaty on European Union obliges the EU to respect the national identities of Member States. A literal understanding of this provision suggests that any domestic interpretation would be consistent with EU law. This paper challenges this view. It differentiates between national and constitutional identity. The former refers to identity that can be connected either to a community’s ethnocultural characteristics or to its political institutions and foundational constitutional values. The latter is often called constitutional identity. Yet, this article defines the term constitutional identity differently by concentrating on identity attached to a democratic constitution. Thereby, it offers a novel, constitutionalist approach. The article argues that the concept of national identity in EU law is a constitutionalist one and demonstrates, using the example of Hungary, how an ethnocultural national identity runs counter to this constitutionalist concept and how a new constitutional identity may be developed. The implication of having a constitutional identity that respects universal constitutional principles is that such a constitutional identity would be more compatible with values at the European level.

Financial Nationalism and Democracy: Evaluating Financial Nationalism in Light of Post-Crisis Theories of Financial Power in Hungary

Since the global financial crisis, for IPE scholars a core intellectual puzzle is to explain the rise of financial nationalist governments into power and their sustained capacity to pursue financial nationalism in an era when the interconnectedness of global financial markets surpasses any historical level. Financial nationalism is puzzling because of its capacity to redistribute gains from international financial transactions among a larger share of domestic society. This paper, using the example of Hungary, identifies financial nationalism's unexpected achievements through contrasting it with claims of three theories of financial power: structural power of finance, financialization of state institutions, and financialization of everyday life. Specifically, it documents the Hungarian government’s achievement to increase domestic ownership of banks, to importantly enlarge the scope of central banking, and to significantly reduce the credit exposure of a large segment of the Hungarian population. At the same time, it also describes underemphasized critical conditions of financial nationalism’s advancement, at each examined policy domain, namely the diminishing democratic oversight of major financial transformations. Finally, the Hungarian example does not suggest that financial nationalism inherently leads to democratic decline, only that its many impressive economic achievements should be understood within its political context.

Europeanisation or simply institutional change? : The impact of the EU membership on the polity of Hungary

The European integration has had a major impact on the institutional systems of the Member States. The case study traces some of the characteristics of the institutional changes brought about by EU-membership through the example of Hungary. The study concludes that rather than being subject to Europeanisation, there has been an institutional adaptation in the government’s handling of European affairs in Hungary over the last 20 years. It also affirms, that close policy cooperation does not automatically lead to a single institutional model at EU level.

The Illiberal Challenge in the EU: Exploring the Parallel with Illiberal Minorities and the Example of Hungary

The long history of liberal multiculturalist theories grappling with the challenge posed by illiberal minorities – Parallel with the illiberal challenge in the European Union – Differences between the state/minority focus, the cultural/political considerations, the individual/systemic violations – Why these do not undermine the parallel – Propositions from multiculturalist theories to draw the line between toleration and legitimate interference – Severity, internal consensus, the exit option, and historical agreements – Forms of engagement to strengthen coherence, fairness, and solidarity

Universal Open Space Design to Inform Digital Technologies for a Disability-Inclusive Place-Making on the Example of Hungary

This study explores the ‘people’ and ‘place’ components of the smart city concept in order to inform its third component, ‘technology’, for augmented disability inclusion. The research objective was to reveal the capability of the universal open space design (UOSD) method in classifying key spatial factors according to their type of digital applicability as a channel or subject for information and communication technologies (ICTs). Results were derived from three Hungarian design projects presented as case studies, using the research through design (RtD) method. User needs and usage patterns, open space environmental components and types according to their tolerance towards physical modification, and relevant disability-related concepts linked to UOSD were hierarchized and interrelated to digital technologies that can replace or complement the environmental components. Findings were represented in the spatial Maslow pyramid of user needs related to the relevant spatial design concepts, open spaces public services, and digital technologies. The results showed that upper (less basic) levels of the digital Maslow pyramid related to public services other than transport and concepts other than physical accessibility lack digital completion or replacement. In particular, a more detailed and consistent knowledge about spatial–digital interrelations for sensory accessibility should be incorporated into the practical and theoretical background of “smart” UOSD. In conclusion, this paper demonstrates how the combination of the concepts of UOSD and the smart city support a more complex disability-inclusive experience in an interconnected physical, sociocultural, and digital network of open spaces.

The interrelations of land ownership, soil protection and privileges of capital in the aspect of land take

The novelty of this study lies in the analyses of legislation concerning land use policies by examining the specific boundary between land ownership and land take. The basic motive was that the European Commission (EC) withdrew the Soil Framework Directive (SFD) in 2014 following the objections of certain Member States (MS) who countered that as most lands are privately owned, they should not fall under the remit of public governance. Since the withdrawal of the SFD land take is an issue receiving more attention. The legal content of ownership rights has been subjected to constant debate in the context of land-use policies and planning practices, which raises the questions of who decides how the land can be used and whether administrative authorities give priority to non-agricultural uses. Our study seeks to explore these issues through the lens of property law by comparing different legislations on access to land on three levels of policy implementation: the EU, the national, and the local levels. MS legislations are highlighted through the example of Hungary in two aspects: (1) regulation regarding Access to Land and Land Ownership Rights (ALOR), and (2) legislation and results of the LANDSUPPORT decision support system concerning Land Take Changes (LTC). We designed figures to demonstrate how policymakers can use the new LANDSUPPORT platform to show the gaps and inconsistencies among the above aspects. We found that the legislative regulations concerning private land use to achieve soil protection objectives remain the weakest link in the environmental protection legislation of the EU. Anxieties concerning built-in legal guarantees on each of the studied levels actualise our research. Currently, global land management is not on the political table although common European legislation might be able to preserve land for agricultural use.

Psychoanalysts on the Podium: Sándor Ferenczi and Sándor Feldmann in the Hungarian Daily Press

This article uses the example of Hungary to present some ways in which the study of old newspapers can contribute to the early history of psychoanalysis and even change the way we think about it. It explores the presence of various psychoanalysts in selected organs of the Hungarian daily and weekly press before World War II. A search was conducted on ten daily papers and two weekly papers ( Az Est, Budapesti Hírlap, Esti Kurir, Magyar Hírlap, Magyarország, Népszava, Pesti Hírlap, Pesti Napló, Ujság, Világ, Színházi Élet, Tolnai Világlapja) for articles by and interviews with psychoanalysts, with a focus on the main representatives of the two major psychoanalytical societies in Hungary – Sándor Ferenczi for the Hungarian Psychoanalytical Society and Sandor Feldmann for the Hungarian section of the Association of Independent Medical Analysts. One of the goals of this paper is to draw attention to the role that the rival psychoanalytical schools and their societies played in the history of psychoanalysis, without which it would not be as we know it today.

Democracy and Populism. The Constitution of the Political Community in Early Post-War Hungary


 
 
 This article proposes to reconsider the relation between populism and democracy. Instead of taking democracy as a given, it will study populism in the context of democratization in a case study from a historical sociological perspective. The post-war and pre-Cold War historical context is analyzed here on the example of Hungary. First, I analyze the public debate on democracy in order to map out the discursive field in which the different political positions were taken. I show that the debate was about the legitimate definition of the political community, the demos. Second, I situate the political wing of the Hungarian populist movement in this discursive field. I establish that the position of the populists’ party did not differ considerably from the standpoint of the other participants: the basic populist claims and references were articulated as part of the problem of democracy. Third, I analyze the continuity of the populist tradition in the context of the post-war redefinition of the ethnoscape, that is, in relation to the “Jewish question” and the “German question”.