Hungarian Law Research Articles

Europol cooperation in Hungarian law enforcement

Aim: The aim of the article is to present the practical aspects of Europol’s role in Hungarian law enforcement. Methodology: We have collected knowledge about the operation of Europol, its services and support of law enforcement by studying the available EU and Hungarian regulations, as well as performing the former management tasks of Europol Hungarian Liaison Bureau, and practical implementation of the tasks of the crime coordinator assisting domestic procedures. Findings: Europol’s law enforcement services provide Hungarian law enforcement agencies with opportunities that cannot be provided by other agencies. In addition to supporting specific investigations, the institutional system also provides IT, strategic and financial support to countries. Value: The study provides operational, practical insights into the possibilities of cooperation with Europol, which will allow the staff of the criminal and judicial authorities to have a deeper insight into the more effective detection and investigation, as well as answers on the individual services and their future, also interpreted in the context of the readers.

Prospects for reform and community-based operations in Hungarian law enforcement

Summary. This paper summarises the main theses of the author’s doctoral research, awareded with an excellent rating, and funded by the National Research, Development and Innovation Fund and supported by the Ministry of Innovation and Technology’s Cooperative Doctoral Programme Doctoral Fellowship. The aim of the research is to take a position on whether organisational reform is necessary for a modern, socially integrated police force in Hungary that respects human rights. To reach his conclusion, the author reviewed the changes in the perception of security and the role of the police in society from the creation of modern states to the present day, and studied five foreign police reforms. He examined the process of social integration in the Hungarian police from the change of regime to the present day, analysing in detail the attempts at organisational reform and the reasons for their failure, as well as the situation of plural policing. In his empirical research, he carried out a questionnaire survey with the participation of 310 police officers serving in the public places in a police headquarters in a county, and interviewed 19 senior police officers, and compared these findings with those of a survey of the general public on a similar topic. According to his conclusions, the lack of reforming the rule of law in the period of regime change in the spirit of depoliticisation, decentralisation and demilitarisation can be considered reasonable in view of the social, political and law enforcement conditions of the period. Since the regime change, the Hungarian police has been experiencing changes in the direction of cooperation with the communities of society. Structural reform is not necessarily the way forward for the renewal of Hungarian policing. The changing, globalising world situation, which is burdened by serious crises, points to new directions for the development of the police. A state policing model that reinforces centralisation does not preclude the emergence of a community approach that is capable of cooperating with society. Changes in the direction of the three ‘de-’ can be facilitated by a paradigm shift that recognises and accepts the extension of policing. Összefoglalás. E tanulmány a szerző doktori kutatásának főbb téziseit foglalja össze. A kutatás célja állást foglalni abban, hogy szükséges-e szervezeti reform ahhoz, hogy modern, az emberi jogokat tiszteletben tartó, társadalomba integrált rendőrség működjön Magyarországon. Állásfoglalásához a szerző áttekintette a biztonságszemlélet és a rendőrség társadalmi szerepének változásait a modern államok létrejöttétől napjainkig, tanulmányozott öt külföldi rendészeti reformot. Megvizsgálta a magyar rendőrségben a rendszerváltástól napjainkig végbemenő társadalmi integrációs folyamatot, részletesen elemezve szervezeti reformokra tett kísérleteket és ezek elmaradásának okait, valamint a plurális rendészet helyzetét. Empirikus kutatásaiban a rendőrök bűnözésértelmezését, együttműködési készségét és problémakezelését vizsgálva kérdőíves vizsgálatot végzett egy vármegyei rendőr-főkapitányság 310 közterületen szolgáló rendőrével, interjút készített 19 vezető beosztású rendőrtiszttel, e vizsgálatokat pedig összevetette egy, a lakosság körében hasonló témában végzett kutatás eredményeivel. Megállapításai szerint a rendszerváltás időszakában a depolitizálás, decentralizálás, demilitarizálás jegyében megvalósítandó jogállami reform elmaradása az időszak társadalmi, politikai, rendészeti viszonyainak ismeretében okszerűnek tekinthető. A magyar rendőrségben a rendszerváltás óta tapasztalhatók a társadalom közösségeivel való kooperáció irányába mutató változások. A magyar rendészet megújításának nem szükségképpeni útja a strukturális reform. Az átalakuló, globalizálódó és súlyos válságtünetekkel terhelt világhelyzet a rendőrségek fejlesztésének új irányait mutatja. A centralizációt erősítő államrendőrségi modell nem zárja ki a társadalommal együttműködni képes közösségi gondolat térnyerését. A három „de-” irányába mutató változások a rendészet kiterjesztését elismerő és elfogadó paradigmaváltással elősegíthetők.

The Flexibility of Company Law: The Lessons of the Hungarian Law Reform

Until 2013, the substantive rules of Hungarian company law were regulated by various company acts. When Hungary adopted a new Civil Code in 2013, it included, for the first time in Hungarian legal history, the substantive rules of company law. One of the most controversial novelties of the new company law rules was the provision that gave unprecedented freedom to company members to deviate from the company law rules of the Civil Code, as long as the Civil Code does not expressly prohibit the deviation or it does not manifestly prejudice to the rights of creditors, employees or a minority of the members of the legal person or hider the supervision of the lawful operation of the legal person. This article analyses this provision from a comparative perspective. The analysis compares the English, American, German and Hungarian solutions and finds that there are significant differences regarding the right of the parties to determine the company’s articles of association. Building on the findings of this comparison, the article argues that a more enabling regulatory approach could facilitate the pursuit of interests beyond the narrow interests of company members, using the example of corporate purpose and employee participation.

Between Politics and Justice: International Criminal Law in Hungary

Abstract Hungary has had an intense engagement with international criminal justice. During communism and democracy alike, the normative framework and language of international criminal law was used to delegitimise the political opponent. This article aims to describe the way international criminal law was repeatedly instrumentalized to not simply serve as a genuine tool for justice but also as a potent political pawn through presenting the use of international criminal law in four different time periods: (1) during the post-World War ii war crimes trials at the People’s Tribunals; (2) the adoption of universal jurisdiction during the communist era as a tool of Cold War status competition; (3) in the 1990s, as an instrument of transitional justice; and finally, (4) in the post-2010s, as a tool for memory politics and anti-migration propaganda.

Comparison of Indonesian and Hungarian Laws Regarding Errors in Persona in Land Buying and Selling Transactions

ABSTRACT Purpose: This research aims to determine the comparison of legal implementation between 2 (two) countries that adhere to a civil law legal system in viewing the issue of error in person. With the main aim of providing insight and potential solutions to overcome the problem of default and error in person, this research contributes to solving the challenges encountered in this domain. Methodology: This research employed normative research methods through a case approach and a comparative approach, both for Indonesia and Hungary. Results: The results of this research demonstrated that the 2 (two) legal perspectives of Indonesia and Hungary both have quite significant similarities in viewing a default or error in person. The decision made by the judge in the decision above can actually still be prosecuted if the person concerned wishes to do so. However, it could be considered inaccurate and could be even more detrimental to the defendant. Hence, the legal considerations applied are deemed appropriate. Applications of this study: This research’s findings can be used to analyze legal comparisons between 2 (two) countries and the judge's considerations regarding error in persona in breach of contract disputes with Decision Number 59/PDT/2021/PT SMR. Novelty/Originality of this study: Undoubtedly, each country has a different view on issues that harm certain parties in the agreement or default; likewise, with formal defects in the form of errors in persona. Therefore, more in-depth research is needed on legal comparisons in 2 (two) countries and judges' considerations regarding errors in persona. Such research contributes to a comprehensive understanding of how legal systems address these issues, facilitating better decisions and potentially encouraging harmonization or convergence of legal practice across jurisdictions. Keywords: Agreement, Default, Error in persona ABSTRAK Purpose : Penelitian ini bertujuan untuk mengetahui komparasi pelaksanaan hukum diantara 2 (dua) negara yang menganut sistem hukum civil law dalam memandang persoalan error in persona. Dengan tujuan utama memberikan wawasan dan solusi potensial guna mengatasi masalah wanprestasi maupun error in persona. Penelitian ini sebagai kontribusi pada penyelesaian tantangan yang dihadapi dalam domain ini. Methodology : Penelitian ini menggunakan metode penelitian normatif melalui pendekatan kasus dan pendekatan komparatif, baik terhadap negara Indonesia ataupun Hungaria. Results : Hasil penelitian ini menunjukkan bahwa 2 (dua) perspektif hukum antara Indonesia dan Hungaria, keduanya memiliki kesamaan yang cukup signifikan dalam memandang suatu wanprestasi maupun error in persona. Pengambilan keputusan oleh hakim dalam putusan diatas sebenarnya masih bisa dituntut jika yang bersangkutan menghendakinya, akan tetapi dapat terbilang kurang tepat dan bisa saja semakin merugikan bagi pihak tergugat. Oleh karena itu, pertimbangan hukum yang diterapkan terbilang sudah tepat. Applications of this study : Hasil penelitian ini dapat digunakan untuk menganalisis terkait komparasi hukum diantara 2 (dua) negara dan pertimbangan hakim terkait error in persona pada sengketa wanprestasi dengan Putusan Nomor 59/PDT/2021/PT SMR. Novelty/ Orginalty of this study : Permasalahan yang merugikan pihak tertentu dalam perjanjian atau wanprestasi, tentunya dalam hal itu setiap negara memiliki pandangan yang berbeda. Begitu juga dengan cacat formil berupa error in persona. Oleh karena itu, diperlukan penelitian lebih mendalam terhadap komparasi hukum dalam 2 (dua) negara dan pertimbangan hakim terkait error in persona. Penelitian semacam itu guna berkontribusi pada pemahaman yang komprehensif tentang bagaimana sistem hukum menangani masalah ini, memfasilitasi keputusan yang lebih baik dan berpotensi mendorong harmonisasi atau konvergensi praktik hukum di seluruh yurisdiksi. Keywords: Perjanjian, Wanprestasi, error in persona

History of the regulation of police measures from 1881

Aim: Analysis and presentation of changes in the regulation of selected police measures. Methodology: The author of the article explores and summarises the rules under which Hungarian law enforcement agencies have acted over the past 140 years. Findings: In the course of the research and in the publication, it is shown that the earlier normative text cannot be considered obsolete and that later regulation does not always represent an improvement. Value: The publication shows that the legislation of previous years can serve as a guide for current legislators.

Regulation of the cryptocurrency market by legislation of Hungary

The article is devoted to the study of the regulation of the cryptocurrency market in Hungary, the regulatory consolidation of property rights to cryptocurrency values. A comparative analysis of the regulation of this issue under the legislation of the EU and directly of Hungary was also carried out. Because it is the regulatory framework and court precedents on the territory of the EU that form the basis for the formation of the domestic framework for the regulation of Hungary’s crypto market. It is also important to clearly define Bitcoin and Blockchain as a special kind of thing in Hungarian civil law. The authors paid special attention to the innovation in the tax sphere of Hungary. Virtual currencies, especially cryptocurrencies, and the technology behind them and their constant development pose a serious challenge to the legislator. The task is further complicated by the fact that cryptocurrencies have a number of unique characteristics that distinguish them from one another. The study focuses on issues related to taxation, mainly based on the norms of the current legislation of Hungary. A study of the appearance, concept and social acceptance of money, a presentation and a detailed analysis of each financial function lead to an analysis into the world of cryptocurrencies. The article also argues that each of the payment documents in the form of cryptocurrency can act as digital currencies or cannot perform monetary functions. When writing the article, special attention was paid to digital money of the central bank, which can revolutionize it, as a digital form of legal tender. Nowadays, most countries (for example, England) are experimenting with central bank digital money for its implementation. In theory, central bank digital money can replace traditional money and payment services (eg bank accounts, bank deposits). The advantage of the system is that it would reduce the cost of bank funding and it is also new for monetary policy. Central bank regulation of digital money will be one of the most important issues in the coming years. Due to the extreme volatility of the field under consideration, the authors consider it important to note that this article can only provide a brief and concise overview of the regulatory and tax regulation of the cryptocurrency market under Hungarian law. And this analysis has a positive foundation for further research and comparison with the domestic legal base of cryptocurrency market regulation under the legislation of Ukraine.

How Misuse of Emergency Powers Dismantled the Rule of Law in Hungary

AbstractThe Hungarian government has been utilising emergencies to expand its political power instead of upholding constitutionalism and the rule of law. This strategy has given the government almost unlimited power to enact emergency decrees, even when the state and the population are not in immediate danger. The ninth amendment to the Fundamental Law of Hungary has raised concerns about the government's use of emergency powers, granting the executive branch even more authority during exceptional times by allowing the government to prolong the ‘state of exception’ indefinitely and maintain pandemic-related emergency measures to respond to potential consequences of the war in Ukraine. As a result, the executive body has been able to exert significant political control without proper parliamentary oversight.

The best of two worlds: Multidisciplinary co-teaching of legal ethics

AbstractHungarian legal education is rarely discussed from a pedagogic perspective, especially in English. This paper would like to fill a gap in the academic literature on this topic by presenting a unique multidisciplinary co-teaching initiative, aiming to mix ‘the best of two worlds’: developing a legal ethics course which is an amalgam of philosophical/theoretical and legal/practical elements. Describing how a compulsory Legal Ethics course was delivered at the István Széchenyi University of Győr in a case study format, the main aim of the authors is to contribute to the international academic discourse on law school pedagogy in general, and on legal ethics education in particular. First, we provide an overview of professional ethics education in law schools, focusing on the origins of the course in the United States of America. Then, after a review of the academic literature on multidisciplinary co-teaching, the context of this Legal Ethics course is presented: the situation of legal ethics education in the Hungarian law curriculum. Then the course particulars, especially the content and the assessment, will be described in detail, based on the personal experiences and observations of the authors.

Transfer of Contracts under Hungarian Law

The paper explores how the transfer of contracts has evolved in Hungarian law. Even though the Civil Code of 1959 did not include rules on the transfer of contracts, the courts acknowledged that legal succession in the position of a contracting party is possible by way of a trilateral contract, where all rights under the original contract are assigned and all debts are assumed. The new Civil Code of 2013 incorporated some rules that developed in the case-law of the courts, but these rules have led to uncertainties. These can all be traced back to the fundamental question of how the transfer of contract can be described, whether it is a novation, an assignment together with an assumption of debt or whether it is a sui generis legal institution. This paper argues that the transfer of contract can be described as a transfer of all rights and the assumption of all debts under a contract. A law based on this interpretation can fulfil the needs of all parties involved and can fit into the system of the Hungarian Civil Code.

Self-employment in Hungarian law

Self-employment has traditionally been regulated by the Civil Code, as a distinctive form of work apart from employment. This chapter strives to evaluate the labour law framework and labour market experience of self-employment. First, the Hungarian legal provisions on self-employment will be highlighted, including labour law, civil law and social security law. This will be followed by an evaluation of the available data on labour market trends regarding the various groups of self-employed workers, such as genuine and false self-employment, and economically dependent work. After this summary on employment data, the legal protection or scope of employee rights enjoyed by self-employed persons will be scrutinised. Finally, I will examine the Hungarian legal mechanisms to combat false self-employment. As a whole, the paper will provide a picture of the legal environment of self-employment with laws, trends and some evident flaws. I will strive to highlight the main driving forces behind self-employment and related labour law policy.

HUNGARY: Due Satisfaction in Hungarian Law

HUNGARY: Due Satisfaction in Hungarian Law

The rule of law in the grip of populist authoritarianism: Hungary and Poland

AbstractThis article examines the impact of populism on the rule of law in Hungary and Poland. It argues that political discourse is important in setting the political agenda and is often followed by the criminalization of minorities, Euroskepticism, intervening in the operation of supreme courts, affecting the decisions of the judges, and disregarding international law and/or supranational legal orders. It also highlights how politicization and securitization increasingly operate under populist authoritarian regimes through the legal system and legislative initiatives to increase the power of the government and the ruling party. Discourse analysis is a valuable tool to reveal whether a legislator's intention serves the people or exploits power to change the structure and functioning of the political system. Thus, this article follows the course of politics in Hungary and Poland from discourse to hijacking democracy through instrumentalizing the rule of law.Related ArticlesDeegan‐Krause, Kevin, and Tim Haughton. 2009. “Toward a More Useful Conceptualization of Populism: Types and Degrees of Populist Appeals in the Case of Slovakia.” Politics & Policy 37(4): 821–41. https://doi.org/10.1111/j.1747‐1346.2009.00200.x.Skowronska, Kaja. 2021. “The Recent Politicization of Immigration in Poland in Light of Preexisting State Practices: Continuity or Change in the Understanding of Citizenship and Nationhood?” Politics & Policy 49(4): 940–67. https://doi.org/10.1111/polp.12424.Zafirovski, Milan. 2022. “Toward a New Political Democracy Index: Construction, Validation, and Calculation for Individual Societies and Types of Society.” Politics and Policy 50(4): 663–99. https://doi.org/10.1111/polp.12488.

Jogátvétel vagy modellkövetés?

The limited liability company was receipted into Hungarian law in 1930. The forty-year delay following the appearance of the German GmbH brought several advantages for Hungarian company law, the legislator created a well thought-out, practical law that also met the long-term needs of the Hungarian economy and the economic actors. Based on the early debates and the first draft of Dávid Pap and its critique by Géza Bozóky, the author examines the new form of company that started as a similar form of a general partnership, which was then considered by Géza Bozóky as a variant of the joint-stock company form. The paper describes the stages and characteristics of the development of this approach in the mirror of the German (1892) and the Austrian (1906) GmbH Acts.

A magyar társasági jog modernizálása az 1930. évi V. törvénycikkben különös tekintettel a korlátolt felelősségű társaságokra

Ödön Kuncz’s proposal was adopted by the Hungarian Parliament in the form of Act V of 1930, as the reception of the limited liability company into Hungarian company law. The concept of Kuncz was based on criticism of the earlier bills of Dávid Pap and Géza Bozóky, and the experiences of jurisdictions that had already been adopted the German GmbH model, and it was in line with the needs of domestic business practice. This study analyses the reception of legal institution of limited liability company into Hungarian law and its medium-term effects based on the concept drawn up by Kuncz.

Between Scylla and Charybdis – Lawyers of the High Judge Conference in 1861

With the proclamation of the October Diploma in 1860, Emperor Franz Joseph partially restored the Hungarian constitutional order. As soon as the decision had been made that the Hungarian judiciary was to be revived, the newly formed courts of law in the counties began to operate on the Hungarian laws. The issues presented themselves fairly quickly, since the Austrian laws enacted in the 1850s made so fundamental changes to the legal system that it seemed impossible to reinstate the Hungarian laws without any changes. A conference was convened by the highest-ranking judge of the country in January 1861, and its members had to resolve this seemingly impossible situation. Between Scylla (keeping the unconstitutionally introduced Austrian legal norms) and Charybdis (reinstating the “old” Hungarian laws at the expense of legal certainty), they had to find a way to restore the Hungarian legal order in such way that it would not harm the rights of the citizens.

Establishing the Evaluation Criteria System for Private Security Companies in Hungary

The study was prepared for the research on the creation of the certification system for private security companies operating in Hungary. I hereby present the place of private security in the Hungarian law enforcement system and examine the operation of the certification system for private security companies in international practice. Based on international experience and taking into account laws applicable to businesses, I have developed a criteria system for the pre-certification of businesses. I have also created separate evaluation criteria systems for assessing the financial stability, size, market share and quality of services provided by companies.

A Renewed Schengen Evaluation Mechanism in the Light of the Schengen Reforms

The aim of the study is to identify the reasons, background and possible impacts of the international intention to reform the functioning of the Schengen area and to introduce a renewed Schengen evaluation and monitoring mechanism turned on by adopting a new Council regulation. In this article, the author examines the report from the Commission to the Council and the European Parliament on the functioning of the mechanism. The complex report presents comprehensive and detailed results of the first multi-annual evaluation programme, prepared and published by the European Commission in 2021, taking into account the feedback of Member States and relevant cooperating agencies and EU bodies. The study also examined two important elements of the Schengen renewal process, the EU strategy towards a fully functioning and resilient Schengen area and the preceding points of the new Scheval Regulation, which entered into force on 1 October 2021. The research concludes that recurring national shortcomings and divergent practices between Member States are likely to result from inconsistent implementation of the Schengen rules, which may have an impact on the overall functioning of the Schengen area as a whole. In addition to many other demands for change in the Schengen area, the states and EU institutions concerned have decided that the Schengen evaluation and monitoring mechanism needs to be renewed and undergo significant changes for the future. From a scientific point of view, the author concluded that in the field of law enforcement sciences, and especially in border management research, the renewal of the Schengen evaluation mechanism should be followed closely, as it is synergistic with several other related research issues (e.g. border management, border management education, etc.). With thorough research in this field, scientific works and scientific representation, the Hungarian law enforcement science is expected to be strengthened in the international scientific dimension.

Specific Criminal Profiling and Interrogation Techniques as Forensic Psychology Methods in Hungarian Law Enforcement

One of the applied areas of criminal psychology, the forensic psychology presents how the knowledge of psychology can be applied in the most optimal way in order to effectively detect individual crimes. A trend has appeared in law enforcement agencies for psychologists to carry out special activities in the criminal field. One specific activity is criminal profiling and the other is the development of the most effective interrogation techniques. Now I attempt to present these two specific criminal tasks of psychology. I present a literature review on how forensic psychology can be used during profiling and the planning of special interrogations. Despite the fact that offender profiling is not new for law enforcement agencies, its clinical trend has begun to appear and spread independently in recent years. The application of psychology in the planning of individual interrogations is a much more researched field and used during weekday work.

The transformation of foundation law in Hungary, with particular regard to private foundations

Abstract The article provides an overview of the system of regulation of Hungarian foundations, the individual types of foundations and their characteristics. It provides an overview of the features of public foundations and political foundations operating in the public sector, as well as the general rules applicable to private foundations and family foundations. The author pays special attention to the asset management foundations, analysing in detail the peculiarities of the public interest and private interest versions, with particular regard to their outstanding advantages in the international context.