{"title":"Introduction to the thematic section ‘current Hungarian memory policies in a broader context’","authors":"Marina Bán, B. Szentgáli-Tóth","doi":"10.1556/2052.2023.00001","DOIUrl":"https://doi.org/10.1556/2052.2023.00001","url":null,"abstract":"","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45528306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The study discusses the legal governance of historical memory through the presentation of the phenomenon of memory laws. It reflects on the appearance of these laws in the legal system, emphasizes their different definitions and classifications, at all the levels (constitutional, statutory and quasi-legal), and among various areas of legislation. The paper further points out the context and development of Hungarian memory laws, highlighting the special importance of this legislation in the current political and legal situation as well as potential lessons in the wider European context.
{"title":"The governance of history via law: An overview","authors":"Marina Bán","doi":"10.1556/2052.2022.00410","DOIUrl":"https://doi.org/10.1556/2052.2022.00410","url":null,"abstract":"The study discusses the legal governance of historical memory through the presentation of the phenomenon of memory laws. It reflects on the appearance of these laws in the legal system, emphasizes their different definitions and classifications, at all the levels (constitutional, statutory and quasi-legal), and among various areas of legislation. The paper further points out the context and development of Hungarian memory laws, highlighting the special importance of this legislation in the current political and legal situation as well as potential lessons in the wider European context.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41877646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The focus of this paper is on the uncertainty and controversy associated with the substantial compliance standard as part of the strict compliance principle in the letter of credit law, as well as the possibility of applying new technology to solve such problems. The letter of credit confirms a payment under international sales contracts and contains a promise from the bank to pay the seller if they can present the complying documents as required in the letter of credit. Thanks to the basic principles of a letter of credit, it is stable and trustworthy. Such basic principles as well as the practice of letters of credit are recognized in the Uniform Customs and Practice for Documentary Credit of the International Chamber of Commerce.To retain the commercial utility of the letter of credit, the strict compliance principle should be revitalized and consistently applied. However, this principle is not associated with exact standards, which leads to the scenario that courts apply different standards. Such a situation might reduce the commercial utility of letters of credit. Hence, the financial industry is trying to apply new technologies such as blockchain, smart contracts, and the Internet of Things to support the strict compliance principle, and try to reduce the uncertainty related to the substantial compliance standard.
{"title":"Using Fintech to protect the strict compliance principle in letter-of-credit law","authors":"Le Thuc Linh Bui, L. Pribula","doi":"10.1556/2052.2023.00381","DOIUrl":"https://doi.org/10.1556/2052.2023.00381","url":null,"abstract":"The focus of this paper is on the uncertainty and controversy associated with the substantial compliance standard as part of the strict compliance principle in the letter of credit law, as well as the possibility of applying new technology to solve such problems. The letter of credit confirms a payment under international sales contracts and contains a promise from the bank to pay the seller if they can present the complying documents as required in the letter of credit. Thanks to the basic principles of a letter of credit, it is stable and trustworthy. Such basic principles as well as the practice of letters of credit are recognized in the Uniform Customs and Practice for Documentary Credit of the International Chamber of Commerce.To retain the commercial utility of the letter of credit, the strict compliance principle should be revitalized and consistently applied. However, this principle is not associated with exact standards, which leads to the scenario that courts apply different standards. Such a situation might reduce the commercial utility of letters of credit. Hence, the financial industry is trying to apply new technologies such as blockchain, smart contracts, and the Internet of Things to support the strict compliance principle, and try to reduce the uncertainty related to the substantial compliance standard.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43381188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
With special focus on free speech, as well as on classroom surveillance (proliferating in the Covid-pandemic digital learning environment), the paper aims to identify contextual dimensions for academic freedom as a matured legal concept – and one to be assessed via a business and human rights approach, due to its peculiar position between the public and private spheres. The project is triggered by the fact that despite its widespread usage in international documents and domestic constitutions, academic freedom remains underdeveloped in terms of conceptual tools, operationalizing mechanisms, monitoring methods and benchmarking schemes. There are also competing notions on how to best conceptualize it: as an individual right, a set of requirements for autonomous institutional design, a field to be regulated for market service providers or public commodities, a tool for international policy making, or academic ranking – not to mention the challenge of how to incorporate challenges brought by social justice movements. These considerations all require different policy tools and adjacent legal targeting.
{"title":"Business and human rights, free speech, surveillance, and illiberalism: Contextualizing academic freedom as a constitutional right and an emerging freedom under international law","authors":"A. Pap","doi":"10.1556/2052.2023.00407","DOIUrl":"https://doi.org/10.1556/2052.2023.00407","url":null,"abstract":"With special focus on free speech, as well as on classroom surveillance (proliferating in the Covid-pandemic digital learning environment), the paper aims to identify contextual dimensions for academic freedom as a matured legal concept – and one to be assessed via a business and human rights approach, due to its peculiar position between the public and private spheres. The project is triggered by the fact that despite its widespread usage in international documents and domestic constitutions, academic freedom remains underdeveloped in terms of conceptual tools, operationalizing mechanisms, monitoring methods and benchmarking schemes. There are also competing notions on how to best conceptualize it: as an individual right, a set of requirements for autonomous institutional design, a field to be regulated for market service providers or public commodities, a tool for international policy making, or academic ranking – not to mention the challenge of how to incorporate challenges brought by social justice movements. These considerations all require different policy tools and adjacent legal targeting.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44958555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mediation as an alternative dispute resolution mechanism has a very long history, especially outside of the adjudicative space. It has gradually also found its way as an adjunct to the court system in the form of court-annexed mediation. As proven by quantitative studies, mediation in the region of Central and Eastern Europe is still, however, a relatively novel and underutilized instrument. Thus, this study explores the role of judges in court-annexed mediation using the case of the Czech Republic. It presents a piece of empirical research built on a single qualitative case study of mediation practice as seen and understood through the experience of district court judges. The latter represent the core actors that contribute to shaping mediation practice through their attitudes and activities, influenced by their own interpretation of phenomena, when entering into the process at the pre-mediation phase – when the activity of the judge is foreseen by the legislative framework to be the most significant. Offering a comprehensive description of the research methodology, the study also aims to contribute to academic debate that calls for more case/comparative studies of relatively unexplored phenomena in the wider region of Central and Eastern Europe.
{"title":"The role of judges at the pre-mediation stage of court-annexed mediation: A case study of the situation in the Czech Republic","authors":"Lenka Dušková, Jan Holas","doi":"10.1556/2052.2023.00403","DOIUrl":"https://doi.org/10.1556/2052.2023.00403","url":null,"abstract":"Mediation as an alternative dispute resolution mechanism has a very long history, especially outside of the adjudicative space. It has gradually also found its way as an adjunct to the court system in the form of court-annexed mediation. As proven by quantitative studies, mediation in the region of Central and Eastern Europe is still, however, a relatively novel and underutilized instrument. Thus, this study explores the role of judges in court-annexed mediation using the case of the Czech Republic. It presents a piece of empirical research built on a single qualitative case study of mediation practice as seen and understood through the experience of district court judges. The latter represent the core actors that contribute to shaping mediation practice through their attitudes and activities, influenced by their own interpretation of phenomena, when entering into the process at the pre-mediation phase – when the activity of the judge is foreseen by the legislative framework to be the most significant. Offering a comprehensive description of the research methodology, the study also aims to contribute to academic debate that calls for more case/comparative studies of relatively unexplored phenomena in the wider region of Central and Eastern Europe.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44286524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
At dawn on 3 January 2020 local time, the United States targeted and killed Iranian General Qasem Soleimani, which it claimed was an exercise of its right to self-defense. In this analysis, we will examine this operation through the system of jus contra bellum. The airstrike was conducted against a military official of a state, which differs from ‘traditional’ targeted killings, that mostly target members of non-state actors. We will pay particular attention to the antecedents of the attack, as well as the legal reasoning of the United States and the reactions of the international community. The case study will use a critical approach to analyze the claims made in support of the exercise of the US right of self-defense, in particular their lex lata justification. The study concludes that the targeted killing of General Soleimani was unquestionably illegal under the jus ad bellum regime of international law, as the United States was not the victim of an armed attack prior to the operation.
{"title":"The targeted killing of Qasem Soleimani: A case study through the lens of jus ad bellum","authors":"B. K. Kelemen, M. Kiss","doi":"10.1556/2052.2022.00405","DOIUrl":"https://doi.org/10.1556/2052.2022.00405","url":null,"abstract":"At dawn on 3 January 2020 local time, the United States targeted and killed Iranian General Qasem Soleimani, which it claimed was an exercise of its right to self-defense. In this analysis, we will examine this operation through the system of jus contra bellum. The airstrike was conducted against a military official of a state, which differs from ‘traditional’ targeted killings, that mostly target members of non-state actors. We will pay particular attention to the antecedents of the attack, as well as the legal reasoning of the United States and the reactions of the international community. The case study will use a critical approach to analyze the claims made in support of the exercise of the US right of self-defense, in particular their lex lata justification. The study concludes that the targeted killing of General Soleimani was unquestionably illegal under the jus ad bellum regime of international law, as the United States was not the victim of an armed attack prior to the operation.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44069681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tradition, Constitution, Identity and European Integration","authors":"Fruzsina Gárdos-Orosz","doi":"10.1556/2052.2022.00200","DOIUrl":"https://doi.org/10.1556/2052.2022.00200","url":null,"abstract":"","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46095878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The paper deals with the institutional framework and development of comparative law during the socialist period in Czechoslovakia and Hungary. The history of comparative law in Hungary is longer than in the Czech Lands and later in Czechoslovakia, but its post-war socialist development was very similar. Viktor Knapp and Imre Szabó played the crucial role in the process of forming socialist comparative law. They had law diplomas from the interwar Charles University in Prague, and they sympathised with the left wing of political life. After WWII they both joined the communist movement. Later, they belonged to the communist professional lawyer establishment and played an important role in the personal and institutional changes of the 1950s. Their professional careers were also very similar – they had positions in the state administration and in the educational sphere. Knapp and Szabó managed the institutes of state and law of the Czechoslovak and Hungarian academies of sciences from the 1950s onwards. These institutes played a dominant role in the organisation of comparative research before 1989. Their classical legal education, strong professional skills, knowledge of Western languages, and good connections inside the communist regime helped them to establish the professional centres of comparative law under the communist regimes.
{"title":"The establishment of the institutional framework of comparative law in the socialist Czechoslovakia and Hungary","authors":"I. Halász","doi":"10.1556/2052.2022.00338","DOIUrl":"https://doi.org/10.1556/2052.2022.00338","url":null,"abstract":"The paper deals with the institutional framework and development of comparative law during the socialist period in Czechoslovakia and Hungary. The history of comparative law in Hungary is longer than in the Czech Lands and later in Czechoslovakia, but its post-war socialist development was very similar. Viktor Knapp and Imre Szabó played the crucial role in the process of forming socialist comparative law. They had law diplomas from the interwar Charles University in Prague, and they sympathised with the left wing of political life. After WWII they both joined the communist movement. Later, they belonged to the communist professional lawyer establishment and played an important role in the personal and institutional changes of the 1950s. Their professional careers were also very similar – they had positions in the state administration and in the educational sphere. Knapp and Szabó managed the institutes of state and law of the Czechoslovak and Hungarian academies of sciences from the 1950s onwards. These institutes played a dominant role in the organisation of comparative research before 1989. Their classical legal education, strong professional skills, knowledge of Western languages, and good connections inside the communist regime helped them to establish the professional centres of comparative law under the communist regimes.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67001202","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Constitutional identity has been viewed with suspicion by a number of orthodox EU law scholars. That suspicion is understandable in the light of the German approach to the issue of constitutional conflicts. The Bundesverfassungsgericht, which often sets the tone among constitutional courts in Europe, indeed tends to solve those conflicts on the sole basis of the Basic Law, with little consideration for EU law, thereby discrediting constitutional identity. This paper aims to show, against a background of comprehensive constitutional pluralism, that the German approach is not exclusive of more reasonable approaches by other constitutional courts, as witnessed in relation to the French and the Italian courts. It is on the basis of a pluralist reading of Article 4(2) TEU, as the EU law provision on the basis of which certain core elements of the national constitutions can be reasonably accommodated, that those constitutional courts have either devised constitutional identity or engaged with the CJEU within a shared constitutional framework that defines both the argumentative and substantive limits of constitutional identity. In so doing, far from representing a failure of constitutional pluralism, those constitutional courts stretch the latter to its ultimate limits in a way that has not yet been experienced.
{"title":"Has constitutional pluralism ever been tried out? •","authors":"François-Xavier Millet","doi":"10.1556/2052.2022.00424","DOIUrl":"https://doi.org/10.1556/2052.2022.00424","url":null,"abstract":"Constitutional identity has been viewed with suspicion by a number of orthodox EU law scholars. That suspicion is understandable in the light of the German approach to the issue of constitutional conflicts. The Bundesverfassungsgericht, which often sets the tone among constitutional courts in Europe, indeed tends to solve those conflicts on the sole basis of the Basic Law, with little consideration for EU law, thereby discrediting constitutional identity. This paper aims to show, against a background of comprehensive constitutional pluralism, that the German approach is not exclusive of more reasonable approaches by other constitutional courts, as witnessed in relation to the French and the Italian courts. It is on the basis of a pluralist reading of Article 4(2) TEU, as the EU law provision on the basis of which certain core elements of the national constitutions can be reasonably accommodated, that those constitutional courts have either devised constitutional identity or engaged with the CJEU within a shared constitutional framework that defines both the argumentative and substantive limits of constitutional identity. In so doing, far from representing a failure of constitutional pluralism, those constitutional courts stretch the latter to its ultimate limits in a way that has not yet been experienced.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42736500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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