Hungarian Cases Research Articles

‘Sympathy for the devil’: The strategic use of the populist repertoire in Viktor Orbán’s politics

Populist politicians such as Viktor Orbán are masters at harnessing intense and polarizing moral emotions: they stigmatize the enemies of the people, offer their community protection as self-proclaimed heroes, and at the same time, othering and moral transgressing trigger emotional overreactions from opponents. This article draws on a new analytical framework that incorporates theories of social labeling (moral panic and euphoria, moral entrepreneurship) and heroic/charismatic leadership to explore this multifaceted and antagonistic emotional relationship associated with populists. The theoretical reasoning suggests that these emotional dynamics define the moral cornerstones and boundaries of populist identity politics. Based on an analysis of four illustrative Hungarian cases – the migration crisis, anti-gender politics, the Authorisation Act during the coronavirus pandemic, and Fidesz’s expulsion from the European People’s Party – the article shows that populists can follow different paths to become charismatic heroes in the eyes of his supporters, while others still see them as folk devils due to their controversial moral entrepreneurship.

Nyomozók és magánnyomozók: a köz- és magán-együttműködés lehetőségei a bűncselekmények nyomozásakor

Pointing to the inadequate legal regulation, the author reflects on recent Hungarian cases where the cooperation among private detectives, hired by victims unsatisfied with the investigation, used illegal means to obtain information from the police.

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.

Municipal Geothermal Systems: Evaluation of Three Hungarian Cases

Geothermal energy holds great potential for a sustainable future, as it is a clean and weather-independent form of energy. In addition to energy production, it can also serve the population of a region through direct use. In this paper, three municipal geothermal systems (Szarvas, Nagyszénás, Békéscsaba) in the same Hungarian region which have been recently installed or expanded are presented and analysed. Here, the direct usage of geothermal energy for heating purposes is a very important issue. The three systems show several differences and to some extent face different challenges in the various phases of the projects. Particular attention has been paid to engineering solutions to the problems that arise. The challenges, such as technical difficulties during installation, maintenance difficulties, or problems arising during operation are introduced. The strengths, weaknesses, opportunities, and threats of similar geothermal systems were summarized, based on the relevant literature. These points were evaluated by their appearance and characteristics in the examined systems. This study aims to provide insights, based on recently gained experiences, into geothermal projects, thus providing feedback and practical information for researchers and practitioners.

The Soviet Union, China, and Hungarian Cases Referenced in the Beginning of the Folk Song Research in North Korea

The Soviet Union, China, and Hungarian Cases Referenced in the Beginning of the Folk Song Research in North Korea

Governing the Economy Under Populist Rule: The Cases of Hungary and Poland

ABSTRACT Populism is principally a political phenomenon; yet, the economic implications of populist rule can be substantial, as underlined by the Polish and Hungarian cases. By operationalizing the ideational definition of populism, the article sheds light on the economic consequences of populist governance in three major domains: (1) macroeconomic management, (2) welfare policies, and (3) market regulation. The article demonstrates that while—at least until the outbreak of the COVID-19 pandemic—Hungary and Poland refrained from engaging in irresponsible macroeconomic policies such as the accumulation of public debt or external debt (typical signs of classical “economic populism”), the governments of the two countries embarked on widescale income and wealth redistribution in their respective economies. Nevertheless, these populist governments targeted different groups of people in their redistributive policies: Hungary adopted a largely selective and exclusive social policy targeting the middle class and the well off, while Poland endorsed a more inclusive strategy that benefited the poor as well. Furthermore, the two countries deliberately tilted the playing field toward their protégés: Hungary preferred the preservation of private property; whereas, Poland explicitly increased the share and role of state-owned enterprises in the economy.

Types of human trace evidences and the importance of their forensic genetic analysis in Hungarian criminal and administrative proceedings – Case reports

Aim: The aim of the study is to present widely and successfully analysed exhibits and crime scene samples of human origin in forensic genetic examinations through short case reports of various types of Hungarian cases from the last decades. By presenting actual cases the study also aims to comprehensively depict the great importance of forensic genetic analysis in Hungarian jurisdiction.Methodology: For this study, 51 cases representing 22 case types were chosen out of several thousand closed cases investigated by the Hungarian Institute for Forensic Science. Forensic genetic analysis of the presented exhibits and traces gave investigative leads and evidence for solving crime cases or for the identificationof unknown bodies, if the relevant biological material remains can be found and recorded at the scene.Findings: Since the launch of forensic genetic analysis in Hungary in 1992, it has gradually become possible to provide genetic evidence for criminal and public administration proceedings by DNA analysis of an increasing number and variety of human biological material residues in a growing number and variety of cases (from theft to serial murders). The presented 51 cases of 22 case types may provide proof of the applicability of forensic genetic methodology in almost any case in Hungary, provided the relevant exhibits and biological traces are found and collected at the (crime) scenes.Value: This is the first comprehensive case report review that presents the various types and the importance of human trace pieces of evidence analysed with forensic genetic methods in 22 case types of 51 Hungarian criminal and administrative proceedings.

The identity parade – through the eyes of the defence counsel

A few Hungarian cases of justice miscarriage demonstrate that the identity parade (line up) method in the criminal procedure could be a “dangerous act”, because the witnesses sometimes give false testimonies, make wrong choices, the authority sometimes fails the recognition process, and lastly the “result” could be a “justizmord”. Based on scientific research, the present study reveals the most frequent criminal procedural and criminalistic wrongdoings. It also focuses on preventing legal and criminal tactical possibilities and suggestions. It can be read mostly from the defence counsel’s point of view. The author declares the lawyers’ legal and factual tasks in this field, especially for preventing wrongful sentences. This is the duty of all legal representatives (detectives, prosecutors, judges) as well.

Recent development in restrictions of competition ‘by object’ in EU competition case law, and the role of Hungarian cases

Complying with the abstract rules of competition law has always been a challenge. The category of ‘restrictions of competition by object’ is precisely what facilitates compliance. However, parallel with the strengthening of compliance, much more complicated restrictions of competition cases have been dealt with by the competition authorities in the EU. In this context, the need for a precise delineation of the category of restrictions of competition by object has increased over the last ten years. The Hungarian cases have contributed signifi cantly to the development of the European Court of Justice’s case law on restrictions of competition by object. In the Hungarian cases referred for a preliminary ruling, the European Court of Justice has confi rmed that the classical categories of restrictions of competition by object can be extended. However, until now, case law has not yet provided examples of this extension, only in cases where the classifi cation of the conduct in question as restriction by object was not clear, or where it was not possible to prove suffi cient harm to competition.

Rule of Law vs. Poland and Hungary – an Inconsistent Approach?

The first attempts of the European Commission and Parliament to invoke Art. 7(1) of the Treaty on European Union against the Polish and Hungarian governments demonstrate the EU’s political willingness to claim its own authority in defending core European values (Art. 2 TEU) in case of state disobedience. However, despite these attempts to integrate the Rule of Law concept into the overall EU’s supervisory machinery, the Commission’s and the Parliament’s submissions indicate a lack of coherency in implementing the principle as a relevant tool to address multiple challenges arising within the EU Member States legal systems. The parallel developments in the CJEUs case-law(LM/ML, Torubarov)support this statement. Regardless of the Council’s yes/ no decisions in the Polish and Hungarian cases, these lines of reasoning are capable of giving rise to further questions in application of the European Arrest Warrant Framework decision or the Asylum Procedures Directive, in particular the EU Member States which remain within the scope of the EU’s attention in view of systemic Human Rights violations (Italy, Romania, Bulgaria, Croatia). Moreover, the series of the CJEU’s judgements on the Polish judicial reform are capable of paving the way to thede factointervention into traditional areas of the EU Member States competence – the organisation of the national judicial systems, in light of the development of a EU-specific principle of effective judicial review.

How to typologize Czech anti‑communism: A reflection on three decades of memory conflicts

The paper is based on an analysis of Czech anti‑communism. It starts with a brief definition of anti‑communism. Then it presents six possible typologies of anti‑communism based on various questions: type of political mission, political background, actual political function, proposed cure, and spatial scope. There then follows a presentation of various phenomena that are framed in an anti‑communist way: the Communist Party, Social Democrats, liberals, the young generation, but also the contemporary West with its “progressivist” tendencies. In the two final sections the paper focuses on comparison in the Central European context. It shows that in the Czech context the transfer of German experience was (in)adequate for different reasons than in the Polish and Hungarian cases, namely because of the dynamics connected with the different trajectories of post‑communist political subjects.

The Recent Development of the Restrictions of Competition ‘by Object’ in the EU Competition Case Law and the Role of Hungarian Cases

The Recent Development of the Restrictions of Competition ‘by Object’ in the EU Competition Case Law and the Role of Hungarian Cases

What the CJEU’s Hungarian Cases Mean for Digital Taxes

Last week, the Grand Chamber of the Court of Justice of the European Union (CJEU) rendered its judgment in two much-anticipated cases—Tesco-Global and Vodafone –that involve challenges to Hungarian turnover tax. Americans have closely watched these cases for what they may reveal about prospects for success of challenges U.S.-parented companies might bring against a growing set of European digital taxes. Both Hungarian cases involved challenges to the same “special tax,” a tax on net turnover from retail and digital advertising. Under Hungary's graduated special tax, all the businesses in zero bracket were Hungarian-owned, and all (or nearly all ) the companies in the highest bracket were foreign-owned. These cases were closely watched because if the CJEU had ruled that the Hungarian special tax discriminated in violation of the fundamental freedoms, it would imply that digital taxes would suffer the same fate. On the other hand, wins for Hungary would imply that challenges to digital taxes would be unsuccessful. Hungary won both cases, which does not bode well for digital-tax challenges. This article discusses the implications of the Hungarian cases for potential challenges to European digital taxes, and in particular for cases based on the argument I made with Leopoldo Parada in 2018 that unilateral digital taxes may violate the fundamental freedoms as discriminatory taxes because they disproportionately affect foreign companies. I conclude that, although the Hungarian cases could be criticized for being thinly reasoned and departing from precedent, and although digital taxes are distinguishable, Tesco-Global and Vodafone overwhelmingly signal that the CJEU will not be receptive to digital-tax challenges.

A hozzáadottérték-adó (áfa) gyakorlata az európai adójog (az EUB esetjoga), valamint a nemzeti adójog (a magyar közigazgatási bírósági gyakorlat) kölcsönhatásában

The present paper aims to give an overview on the contribution of the Hungarian courts in the form of preliminary references to the shaping of the interpretation of the European VAT rules. The current system of the European VAT is neutral and complex, and it involves several actors. However, the VAT system is a quickly developing field, new questions such as the one related to reverse VAT and its impact or the proportionality of sanctions have recently arisen. A cycle of questions and answers can be observed, as questions emerging in new tax cases are often built upon previous cases. The European Court of Justice had and still has to address issues like the responsibility of the invoice recipient, the conflict between tax neutrality and combating tax evasion, as well as the allocation of competences between national and EU levels. Many of the Hungarian cases can be considered important brickstones in developing the case law of the Court.

Description of the First Cases with ADAMTS13 Mutations in Hungary

INTRODUCTIONLow ADAMTS13 activity is associated with an increased risk of thrombotic thrombocytopenic purpura (TTP). This may be caused by the presence of inhibitory autoantibody (immune-mediated TTP) or genetic deficiency of the enzyme. The latter condition is also known as Upshaw-Schulman syndrome (USS), the extremely rare congenital form of TTP. The clinical picture typically presents during infancy or early childhood but an increasing number of late-onset cases are detected. OBJECTIVEClinical and laboratory characterization of the first 5 Hungarian cases with ADAMTS13 mutations. PATIENTSDuring the last 4 years, 5 cases with ADAMTS13 gene mutations were recognized in Hungary. All were adults, 4 females and 1 male. Two patients (Pts) showed an immune-mediated TTP like clinical picture, while 3 Pts were examined in conjunction with their pregnancies. The first Pt was an 18 years old girl, initially presenting with stroke and isolated cerebral vasculitis. She responded promptly to plasma exchange (PE) combined with immunosuppressive treatment (ISU) and acetylsalicylate (AS). However, severe headache with progressively decreasing platelet (PLT) count into the low normal range and repeatedly deficient ADAMTS13 activity returned after one week of PE cessation necessitating further treatment. ISU was stopped when cerebral vasculitis was excluded. There were several, plasma (PE/infusion) responsive severe headache+bradycardia episodes without hematologic manifestation in the follow-up period. The first TTP episode of the only male Pt occurred at age of 25 and the later clinical course highly resembled autoimmune relapsing (intermittent type) TTP. The Pt received several series of PEs, ISU, even splenectomy, before having the correct diagnosis. Interestingly, this Pt had unclassified HUS in the childhood. The 3rd case was a 40 years old woman with HELLP syndrome (hemolysis, elevated liver enzymes, and low platelet count) needing an immediate cesarean section (CS) in the 25th week of gestation. She achieved a spontaneous remission and remained symptom-free. The fourth Pt a 29 years old female had typical HUS at 3 years of age. Her kidney function slowly declined without HUS flares to end-stage kidney failure necessitating kidney transplantation. She had deep venous thrombosis (DVT) and intrauterine fetal death at 20 weeks of gestation. The workup showed decreased but not severely deficient ADAMTS13 activity. She received AS + low molecular weight heparin (LMWH) and increasing dose of plasma treatment starting at the 10th week of gestation of her next pregnancy. CS was done due to progressive hypertension and worsening placental circulation at the 30th week of gestation. The last Pt was a 41-year-old pregnant woman with recurrent abortions in her history. She received AS and LMWH only. The pregnancy was terminated by CS due to severe vaginal bleeding at the 30th week of gestation. RESULTSPts 1 and 2 with TTP clinical phenotype and Pt 3 with HELLP syndrome had deficient ADAMTS13 activity (0-0-8%, respectively). The activity was decreased but not deficient in Pts 4 and 5 (13-35%). All deficient Pts were compound heterozygous for ADAMTS13 mutations: c.3178C>T and c.4143-4144dupA (Pt1), c.1016_1017delCA and c.3199T>A (Pt2), c.1261C>T and c.3283C>T (Pt3). Three of these mutations were described in patients with USS, 1 in Pts with DVT, whereas 2 mutations are novel. By family study, we could demonstrate the association of c.1261C>T mutation described in DVT and one USS Pts with reduced ADAMTS13 activity. The two non-deficient cases were heterozygous for one of the following mutations: c.3178C>T and c.2839C>T. The previous was identified in late-onset USS, the latter has not yet been described, its association with reduced ADAMTS13 activity was also proven by family study. CONCLUSIONSClinical and molecular characterization of the first 5 Hungarian cases with ADAMTS13 mutations was presented. Compound heterozygous, damaging ADAMTS13 mutations with deficient plasma ADAMTS13 activity were associated with serious clinical consequences. In case of thrombotic microangiopathy in young patients with stroke, or HELLP syndrome, complete workup for ADAMTS13 activity and inhibitors is necessary, and genetic analysis should be considered. Three new ADAMTS13 mutations (c.1016_1017delCA, c.3199T>A , c.2839C>T) were identified and shown to be associated with decreased plasma ADAMTS13 activity. DisclosuresKremer Hovinga:Ablynx: Other: Member of Advisory Board; Shire: Other: Member of Advisory Board, Research Funding. Masszi:AbbVie: Consultancy; Novartis: Consultancy; Takeda: Consultancy; Janssen-Cilag: Consultancy; BMS: Consultancy; Pfizer: Consultancy.

Hungarian cases before ICSID tribunals: the Hungarian experience with investment arbitration

The paper presents, in an analytical manner, Hungary’s legal experiences with international investment arbitration, giving an in-depth overview of the country’s ICSID cases and their background. Investment disputes are notoriously complex and have several political, economic and regulatory aspects. The purpose of the paper is to present the Hungarian investment disputes in the context of their local background and the national regulatory environment.

Prekogranično sticanje svojine na poljoprivrednom zemljištu i pojedini problemi mađarskog prava s tim u vezi

While Serbia is working on a new EU-conform land law, the EU law concerning the cross-border acquisition of agricultural lands cannot be considered as a static phenomenon. Namely, the issue is quite controversial among the EU's institutions and Member States. Evidence of this is the high number of infringement procedures launched by the EU Commission against the Member States joined the EU in 2004 or afterwards (hereinafter referred to as New Member States). However, it is worth stressing that the debate is not merely a New-Member-State-issue but a general one, and there are numerous uncertainties which may affect even the old Member States' land law regimes. That is the reason (or one of the most important reasons) why the European Parliament adopted a report on the state of play of farmland concentration in the EU in 2017. It seems that nowadays land issues have also become one of the topical questions of the EU, which questions could be raised because the EU is in a kind of the crisis. The EU should redefine itself and its goals, furthermore, it also should determine a new structure in numerous parts of life. The European Council for Rural Law (more usually known as the CEDR from its French name 'Comite Europeen de Droit Rural'), a think-tank which regularly provides assistance and advice to the institutions of the European Union, also dealt with the cross-border land law issues of the EU; namely, in a commission (COM II) concerning rural areas of the CEDR Congress (Potsdam, 2015) and at the conference on the 60th anniversary of the CEDR (Brussels, 2017). In a Hungarian conference (Budapest, 2017), the legal experts were gathered by the Hungarian Association for Agricultural Law and the Public Law Sub-Commission of the Hungarian Academy of Sciences in order that they could present the possible ways of the improvement for the EU and its Member States. With regard to this development, the present article focuses on the EU's main rules concerning the acquisition of agricultural lands, the infringement procedures against Hungary (hereinafter referred to as Hungarian cases), the report of the European Parliament and the general conclusions of the Budapest conference. The Hungarian cases are relevant not merely for Hungary as the European Commission has expressed its concerns about the most of regulations of the Hungarian land law in comparison with other concerned New Member States. Taking the low numbers of the CJEU cases (concerning land law) into consideration, the Hungarian cases might be significant for the whole of the EU and its future.

Crime prevention aspects of public space renewal in Budapest

Purpose Security is one of the most important challenges for contemporary integrated urban developments. In Hungary, every strategic document highlights this goal, seeking social and smart city solutions to the problem. Yet, what about crime prevention through environmental design (CPTED)? The purpose of the paper is to introduce a Central-European perspective into the international discussion of the topic. Design/methodology/approach Focusing on European Union-funded renewal of public space in the historic city centre of Budapest, the research investigates how urban security can be facilitated through urban planning and design. The analysis of two projects based on design documents and interviews with actors highlights the importance of CPTED, although it is not recognised officially either in the development or in the management phase. Findings March 15th Square is an attractive contemporary public space in the tourist-historic city centre. The project was centrally planned, executed with typical EU indicators, but without any special requirements for security. The process resulted in a safescape. By contrast, the main principal for the renewal of Teleki László Square, the first Hungarian example of community-based planning, was to instil a feeling of security. The public square became a fenced defensible space. Practical implications The analysis method can be used for other projects evaluating changes in urban security due to public space renewal: history, requirements for security, design solutions for space division, materials and urban furniture, as well as use of space and management after the regeneration. Originality/value The paper uncovers Hungarian cases where environmental crime prevention criteria are not explicitly but implicitly present in contemporary urban planning and design. In relation to urban security, it highlights the gap that exists among disciplines, indicative of a lack of dialogue among policymakers, researchers, designers and management.

The successful use of familial searching in six Hungarian high profile cases by applying a new module in Familias 3

Commonly DNA profiles obtained from biological samples found at crime scenes or of unknown bodies are searched against a large national or local database of reference and crime scene DNA profiles. The aim is to find a direct match, i.e. an identical profile or in the case of a mixture, at least an overlap of all alleles. Familial searching is, instead, the concept of searching for relatives of a stain donor in the database, i.e. a quest for relatives of the possible perpetrator or an unidentified body. The current paper provides the tool to perform effective searches for relatives of a target DNA profile in a large database. In addition, the algorithm accounts for mixtures which is common in crime stains. Specifically we focus on six high profile Hungarian cases where familial searching has succeeded in providing investigative leads. An implementation of the methods is included in the latest version of the software Familias, freely available at www.familias.no.

Recent Competition Policy Developments in Hungary Unfair Commercial Practices, Cartels and Abuse of Dominance

This article introduces the most important Hungarian competition cases decided between the beginning of 2012 and May 2013. The paper presents legal novelties and issues which might prove interesting for an international readership in light of recent developments and focus of competition policy. Shown are both developments concerning unfair commercial practices and the UCP Directive 1 as well as anticompetitive agreements and abuse of dominance. Hungary has an enforcement system where the national competition authority, the Gazdasagi Versenyhivatal (hereafter, GVH) is responsible for the enforcement of competition rules. Within the GVH the Competition Council is responsible for taking substantive decisions on infringements. The GVH is headed by a president and there are two vice-presidents supervising the operation of case handlers, while the other acts as the chairman of the Competition Council. The Competition Council consists of lawyers and economists who enjoy a quasi-judicial status. Decisions are made in proceeding councils composed of three or five members selected by the chairman of the Competition Council.