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A BIOMETRIKUS ÉS GENETIKUS ADATOK TÖRLÉSÉHEZ VALÓ JOG AZ EURÓPAI BÍRÓSÁG EGY ÚJ ÍTÉLETÉBEN
Get PDFIn its new judgement the Court of Justice of the European Union stated that the general and indiscriminate storage of biometric and genetic data of persons convicted of an intentional offence, until their death, is contrary to EU law. Under EU law, national legislation must lay down an obligation for the data controller to review periodically whether that storage is still necessary and to grant the data subject the right to have those data erased if that is no longer the case.Az Európai Unió Bírósága egy új ítéletében megállapította, hogy a szándékos bűncselekmény elkövetése miatt elítélt személyek biometrikus és genetikai adatainak a halálukig történő általános és különbségtétel nélküli tárolása ellentétes az uniós joggal. Az uniós jog megköveteli, hogy a nemzeti szabályozás előírja az adatkezelő számára annak kötelezettségét, hogy rendszeresen felülvizsgálja az adattárolás további szükségességét, és az érintett személy számára elismerje az ezen adatok törléséhez való jogot, amint az adatkezelés már nem szükséges
A JOGI SZEMÉLYEKKEL SZEMBENI BÜNTETŐJOGI FELLÉPÉS AKADÁLYAI: BETEKINTÉS AZ IRÁNI JOGBA
Get PDFIn this study, the reasons for not accepting the criminal responsibility of legal entities have been investigated. These reasons that have complicated the possibility of accepting and implementing the criminal liability of legal entities include the lack of will of legal entities, the violation of the principle of the individualization of punishments, the impossibility of achieving the goals of punishments, the impossibility of committing a crime by a legal entity, the impossibility of applying many types of punishments on legal entities and the impossibility of summoning and arresting a legal entity.Ebben a tanulmányban azokat az okokat, illetve jelenségeket vizsgálom, amelyek a jogi személyek büntetőjogi felelőssége elutasításának hátterében álltak. Ezek az okok, amelyek megnehezítették a szervezetek büntetőjogi felelősségének elfogadását és alkalmazását, az alábbiak: a jogi személyek akaratának hiánya, a büntetések egyéniesítése elvének megsértése, a büntetési célok elérésének nehézségei, a bűncselekmény jogi személy általi elkövetésének lehetetlensége, a hagyományos büntetések szervezetekkel szemben történő alkalmazásának nehézségei, és a jogi személy beidézésének és letartóztatásának lehetetlensége
Child Poverty in the Member States of the European Union through the Lens of Hungary and the Romani Population
Get PDFIn this study, we examined the different measurement methods for poverty. Extreme poverty has decreased both in terms of actual number and overall proportion, but it is still present even in the developed European countries. Having assessed the situation of the Romani people and their children in the European member states, we found that their conditions were relatively better in three Central European countries. We provide a detailed picture about the Hungarian Roma and the state’s endeavours to integrate them into society. Hungary has high-quality institutions, including social innovations such as the Sure Start Children’s House and Study Hall, but their functioning is not without deficiencies.In this study, we examined the different measurement methods for poverty. Extreme poverty has decreased both in terms of actual number and overall proportion, but it is still present even in the developed European countries. Having assessed the situation of the Romani people and their children in the European member states, we found that their conditions were relatively better in three Central European countries. We provide a detailed picture about the Hungarian Roma and the state’s endeavours to integrate them into society. Hungary has high-quality institutions, including social innovations such as the Sure Start Children’s House and Study Hall, but their functioning is not without deficiencies.In this study, we examined the different measurement methods for poverty. Extreme poverty has decreased both in terms of actual number and overall proportion, but it is still present even in the developed European countries. Having assessed the situation of the Romani people and their children in the European member states, we found that their conditions were relatively better in three Central European countries. We provide a detailed picture about the Hungarian Roma and the state’s endeavours to integrate them into society. Hungary has high-quality institutions, including social innovations such as the Sure Start Children’s House and Study Hall, but their functioning is not without deficiencies
Life is a value – the situation of and opportunities for people with Down syndrome
Get PDFWe consider life as a fundamental value and treat it as an axiom. Nevertheless, this critically important right is frequently attacked. The most dangerous of these attacks occur when we pass judgement on difficult issues without sufficient caution. This can determine when and where life can have opportunities, especially when it is fragile and small. The Fundamental Law of Hungary begins its enumeration of fundamental rights with the statement that ‘human dignity shall be inviolable’. It then goes on to say that ‘every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception’. It is clear from this wording that the law recognises the beginning of life at live birth but also protects the foetus from conception as part of the process leading to life. Unfortunately, this protection is not without discrimination. Families encountering Down syndrome face numerous challenges from the moment of diagnosis. It is apparent from judicial practice that some form of assistance is sought to be provided to families in difficult situations. The question is how effective this assistance is and how it affects the families and the attitude of health care providers. The aim of this study is to raise the issues that counteract life as a value, taking into account the perspectives of the very lovable individuals with Down syndrome.We consider life as a fundamental value and treat it as an axiom. Nevertheless, this critically important right is frequently attacked. The most dangerous of these attacks occur when we pass judgement on difficult issues without sufficient caution. This can determine when and where life can have opportunities, especially when it is fragile and small. The Fundamental Law of Hungary begins its enumeration of fundamental rights with the statement that ‘human dignity shall be inviolable’. It then goes on to say that ‘every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception’. It is clear from this wording that the law recognises the beginning of life at live birth but also protects the foetus from conception as part of the process leading to life. Unfortunately, this protection is not without discrimination. Families encountering Down syndrome face numerous challenges from the moment of diagnosis. It is apparent from judicial practice that some form of assistance is sought to be provided to families in difficult situations. The question is how effective this assistance is and how it affects the families and the attitude of health care providers. The aim of this study is to raise the issues that counteract life as a value, taking into account the perspectives of the very lovable individuals with Down syndrome.We consider life as a fundamental value and treat it as an axiom. Nevertheless, this critically important right is frequently attacked. The most dangerous of these attacks occur when we pass judgement on difficult issues without sufficient caution. This can determine when and where life can have opportunities, especially when it is fragile and small. The Fundamental Law of Hungary begins its enumeration of fundamental rights with the statement that ‘human dignity shall be inviolable’. It then goes on to say that ‘every human being shall have the right to life and human dignity; the life of the foetus shall be protected from the moment of conception’. It is clear from this wording that the law recognises the beginning of life at live birth but also protects the foetus from conception as part of the process leading to life. Unfortunately, this protection is not without discrimination. Families encountering Down syndrome face numerous challenges from the moment of diagnosis. It is apparent from judicial practice that some form of assistance is sought to be provided to families in difficult situations. The question is how effective this assistance is and how it affects the families and the attitude of health care providers. The aim of this study is to raise the issues that counteract life as a value, taking into account the perspectives of the very lovable individuals with Down syndrome
The rights and well-being of children of incarcerated parents in Estonia
Get PDFThis article provides an overview of the situation of children of incarcerated parents (IP) in Estonia compared to the international situation from the perspective of the rights and well-being of the child. Studies published in recent years focus on the negative impact of parental imprisonment on the well-being of their children and on child resilience (i.e. how children cope with this difficult situation). Legal regulation seeks to provide a framework to safeguard the child's well-being considering the child's rights. Drawing on relational-culture theory, this article addresses the issue of parental imprisonment from the perspective of the relationships between the different actors involved – the child, the IP, other carers outside the prison, the community, and society. Legal regulation seeks to standardise these relationships at international and national levels. The international legislation (United Nations Convention on the Rights of the Child, Charter of Fundamental Rights of the European Union, Council of Europe on European Prison Rules) is designed to protect the rights and well-being of the child, and it must be considered in all situations worldwide, including when a parent is serving a prison sentence. The main question of this article is how does Estonian legislation, child protection policy, and practice meet international requirements for children of detained parents? Using a case-study method, the article introduces the current situation in the Estonian prison system in terms of conditions for communication between children with their IPs. The relevant Estonian laws (Constitution of the Estonian Republic, Family Law Act, Child Protection Act, Prison Act, Prison Rules) are analysed in the article in comparison to international legislation and their practical implementation.This article provides an overview of the situation of children of incarcerated parents (IP) in Estonia compared to the international situation from the perspective of the rights and well-being of the child. Studies published in recent years focus on the negative impact of parental imprisonment on the well-being of their children and on child resilience (i.e. how children cope with this difficult situation). Legal regulation seeks to provide a framework to safeguard the child's well-being considering the child's rights. Drawing on relational-culture theory, this article addresses the issue of parental imprisonment from the perspective of the relationships between the different actors involved – the child, the IP, other carers outside the prison, the community, and society. Legal regulation seeks to standardise these relationships at international and national levels. The international legislation (United Nations Convention on the Rights of the Child, Charter of Fundamental Rights of the European Union, Council of Europe on European Prison Rules) is designed to protect the rights and well-being of the child, and it must be considered in all situations worldwide, including when a parent is serving a prison sentence. The main question of this article is how does Estonian legislation, child protection policy, and practice meet international requirements for children of detained parents? Using a case-study method, the article introduces the current situation in the Estonian prison system in terms of conditions for communication between children with their IPs. The relevant Estonian laws (Constitution of the Estonian Republic, Family Law Act, Child Protection Act, Prison Act, Prison Rules) are analysed in the article in comparison to international legislation and their practical implementation.This article provides an overview of the situation of children of incarcerated parents (IP) in Estonia compared to the international situation from the perspective of the rights and well-being of the child. Studies published in recent years focus on the negative impact of parental imprisonment on the well-being of their children and on child resilience (i.e. how children cope with this difficult situation). Legal regulation seeks to provide a framework to safeguard the child's well-being considering the child's rights. Drawing on relational-culture theory, this article addresses the issue of parental imprisonment from the perspective of the relationships between the different actors involved – the child, the IP, other carers outside the prison, the community, and society. Legal regulation seeks to standardise these relationships at international and national levels. The international legislation (United Nations Convention on the Rights of the Child, Charter of Fundamental Rights of the European Union, Council of Europe on European Prison Rules) is designed to protect the rights and well-being of the child, and it must be considered in all situations worldwide, including when a parent is serving a prison sentence. The main question of this article is how does Estonian legislation, child protection policy, and practice meet international requirements for children of detained parents? Using a case-study method, the article introduces the current situation in the Estonian prison system in terms of conditions for communication between children with their IPs. The relevant Estonian laws (Constitution of the Estonian Republic, Family Law Act, Child Protection Act, Prison Act, Prison Rules) are analysed in the article in comparison to international legislation and their practical implementation
From them to us: How developmental trauma is significant in the life of children in asylums
Get PDFThis study aims to enhance understanding of the trauma backgrounds of children in asylums and to offer possibilities for healing. Studying chronic or developmental trauma is a relatively new and growing field of psychology which offers important changes of perspective and possibilities of treatment. It is a valuable theoretical framework in the urgent global issue of refugees and asylum seekers. The concept explains how the inside scars of fleeing one’s home or of other harmful events, often determines children’s future. These scaring events can occur in these children’s home country, or during their trip, but even in the countries where they arrive, where we are in a way responsible for them. Beyond the moral obligation to help these vulnerable children, I argue that in the long term, it is in our best interests to offer them help by professionals trained in trauma consciousness in all the institutions or system where they are handled. Education systems for instance could be key to the acculturalisation and integration process. Schools provide the basis for the right to education, structure, and community to provide knowledge and healing through relationships for the benefit of future generations. Raising consciousness and leaving hostile attitudes and rhetoric behind can be beneficial to newcomers but also to natives. I argue that we should replace the concept of differentiating, and talking about several isolated groups like natives, refugees, migrants etc. and begin to accept that in the perspective of the future, we are parts of the same “group” as a society.This study aims to enhance understanding of the trauma backgrounds of children in asylums and to offer possibilities for healing. Studying chronic or developmental trauma is a relatively new and growing field of psychology which offers important changes of perspective and possibilities of treatment. It is a valuable theoretical framework in the urgent global issue of refugees and asylum seekers. The concept explains how the inside scars of fleeing one’s home or of other harmful events, often determines children’s future. These scaring events can occur in these children’s home country, or during their trip, but even in the countries where they arrive, where we are in a way responsible for them. Beyond the moral obligation to help these vulnerable children, I argue that in the long term, it is in our best interests to offer them help by professionals trained in trauma consciousness in all the institutions or system where they are handled. Education systems for instance could be key to the acculturalisation and integration process. Schools provide the basis for the right to education, structure, and community to provide knowledge and healing through relationships for the benefit of future generations. Raising consciousness and leaving hostile attitudes and rhetoric behind can be beneficial to newcomers but also to natives. I argue that we should replace the concept of differentiating, and talking about several isolated groups like natives, refugees, migrants etc. and begin to accept that in the perspective of the future, we are parts of the same “group” as a society.This study aims to enhance understanding of the trauma backgrounds of children in asylums and to offer possibilities for healing. Studying chronic or developmental trauma is a relatively new and growing field of psychology which offers important changes of perspective and possibilities of treatment. It is a valuable theoretical framework in the urgent global issue of refugees and asylum seekers. The concept explains how the inside scars of fleeing one’s home or of other harmful events, often determines children’s future. These scaring events can occur in these children’s home country, or during their trip, but even in the countries where they arrive, where we are in a way responsible for them. Beyond the moral obligation to help these vulnerable children, I argue that in the long term, it is in our best interests to offer them help by professionals trained in trauma consciousness in all the institutions or system where they are handled. Education systems for instance could be key to the acculturalisation and integration process. Schools provide the basis for the right to education, structure, and community to provide knowledge and healing through relationships for the benefit of future generations. Raising consciousness and leaving hostile attitudes and rhetoric behind can be beneficial to newcomers but also to natives. I argue that we should replace the concept of differentiating, and talking about several isolated groups like natives, refugees, migrants etc. and begin to accept that in the perspective of the future, we are parts of the same “group” as a society
Cybersecurity from a systemic perspective
Get PDFCyberspace has become a place of aggressive attacks aimed at various areas of human life. Statistics indicate a dynamic increase in cyberattacks in European Union (EU) member states and NATO countries, where technologies are developing at a rapid pace; on the one hand, this contributes to economic growth and, on the other hand, to the creation of increasingly complex cyberattack algorithms. They are aggressive and can cause significant losses.
The following research methods were used to develop the article: analysis and synthesis of literature on the subject in the field of security, the state security system, cybersecurity, statistical data and legal acts. interviews were also conducted with experts in the field of security and cybersecurity systems.
A systemic approach can be considered in the context of two subsystems: management and executive. The management subsystem includes the decision-making bodies of NATO and EU structures that develop a cybersecurity policy for all members of their structures, while the executive subsystem includes the armed forces and other security entities of individual EU and NATO members, as well as society on an individual (citizens) and collective (private institutions, enterprises) basis.
Due to the nature of cyber threats, cyber security should be considered systemically, i.e. in a way that covers all its aspects; we should also improve cybersecurity strategies to counter threats, secure infrastructure and the green energy sector, develop technological and production resources, and enable the creation of cyber defense that is applicable both in one country and around the world.Cyberspace has become a place of aggressive attacks aimed at various areas of human life. Statistics indicate a dynamic increase in cyberattacks in European Union (EU) member states and NATO countries, where technologies are developing at a rapid pace; on the one hand, this contributes to economic growth and, on the other hand, to the creation of increasingly complex cyberattack algorithms. They are aggressive and can cause significant losses.
The following research methods were used to develop the article: analysis and synthesis of literature on the subject in the field of security, the state security system, cybersecurity, statistical data and legal acts. interviews were also conducted with experts in the field of security and cybersecurity systems.
A systemic approach can be considered in the context of two subsystems: management and executive. The management subsystem includes the decision-making bodies of NATO and EU structures that develop a cybersecurity policy for all members of their structures, while the executive subsystem includes the armed forces and other security entities of individual EU and NATO members, as well as society on an individual (citizens) and collective (private institutions, enterprises) basis.
Due to the nature of cyber threats, cyber security should be considered systemically, i.e. in a way that covers all its aspects; we should also improve cybersecurity strategies to counter threats, secure infrastructure and the green energy sector, develop technological and production resources, and enable the creation of cyber defense that is applicable both in one country and around the world.Cyberspace has become a place of aggressive attacks aimed at various areas of human life. Statistics indicate a dynamic increase in cyberattacks in European Union (EU) member states and NATO countries, where technologies are developing at a rapid pace; on the one hand, this contributes to economic growth and, on the other hand, to the creation of increasingly complex cyberattack algorithms. They are aggressive and can cause significant losses.
The following research methods were used to develop the article: analysis and synthesis of literature on the subject in the field of security, the state security system, cybersecurity, statistical data and legal acts. interviews were also conducted with experts in the field of security and cybersecurity systems.
A systemic approach can be considered in the context of two subsystems: management and executive. The management subsystem includes the decision-making bodies of NATO and EU structures that develop a cybersecurity policy for all members of their structures, while the executive subsystem includes the armed forces and other security entities of individual EU and NATO members, as well as society on an individual (citizens) and collective (private institutions, enterprises) basis.
Due to the nature of cyber threats, cyber security should be considered systemically, i.e. in a way that covers all its aspects; we should also improve cybersecurity strategies to counter threats, secure infrastructure and the green energy sector, develop technological and production resources, and enable the creation of cyber defense that is applicable both in one country and around the world
The growing role of the European Commission in defence capability development
Get PDFThe aim of this research is to present and analyse the growing role of the European Commission in defence capability development. In the first section, I review the literature on the theoretical background of the Commission’s role in the European defence policy. In the second section, I briefly present the decision-making processes in the fields of Common Foreign and Security Policy and Common Security and Defence Policy. Following the discussion of the external factors that underpin these developments, I elaborate on the past role of the European Commission and how it has changed after the recent Russian aggression in the Ukraine. I then use SWOT analysis to highlight the strengths, weaknesses, opportunities and threats to the role of the Commission in European defence. Although several EU member states and institutions supported the further integration of defence policy following the creation of the European Security and Defence Policy in early 2000, the defence-related activities of the EU remained weak and limited. Similar to the wars in Yugoslavia in the 1990s, the full-scale Russian invasion in Ukraine in recent years has spurred further development and “Europeanisation” of this policy area. During the last decade, the EU has set the defence agenda in motion and has launched new military-related initiatives due to the deteriorating security environment in the EU’s neighbourhood. This has sometimes even involved breaking the taboos on defence and strengthening the role of the Commission significantly in the defence industry and space sectors. Following the creation of the European Defence Fund, the most important development in this area concerned the possibility of using EU budget money for defence purposes. Although the defence industry and market of the EU is still fragmented and underfinanced, the European Commission has launched important initiatives to overcome these challenges.The aim of this research is to present and analyse the growing role of the European Commission in defence capability development. In the first section, I review the literature on the theoretical background of the Commission’s role in the European defence policy. In the second section, I briefly present the decision-making processes in the fields of Common Foreign and Security Policy and Common Security and Defence Policy. Following the discussion of the external factors that underpin these developments, I elaborate on the past role of the European Commission and how it has changed after the recent Russian aggression in the Ukraine. I then use SWOT analysis to highlight the strengths, weaknesses, opportunities and threats to the role of the Commission in European defence. Although several EU member states and institutions supported the further integration of defence policy following the creation of the European Security and Defence Policy in early 2000, the defence-related activities of the EU remained weak and limited. Similar to the wars in Yugoslavia in the 1990s, the full-scale Russian invasion in Ukraine in recent years has spurred further development and “Europeanisation” of this policy area. During the last decade, the EU has set the defence agenda in motion and has launched new military-related initiatives due to the deteriorating security environment in the EU’s neighbourhood. This has sometimes even involved breaking the taboos on defence and strengthening the role of the Commission significantly in the defence industry and space sectors. Following the creation of the European Defence Fund, the most important development in this area concerned the possibility of using EU budget money for defence purposes. Although the defence industry and market of the EU is still fragmented and underfinanced, the European Commission has launched important initiatives to overcome these challenges.The aim of this research is to present and analyse the growing role of the European Commission in defence capability development. In the first section, I review the literature on the theoretical background of the Commission’s role in the European defence policy. In the second section, I briefly present the decision-making processes in the fields of Common Foreign and Security Policy and Common Security and Defence Policy. Following the discussion of the external factors that underpin these developments, I elaborate on the past role of the European Commission and how it has changed after the recent Russian aggression in the Ukraine. I then use SWOT analysis to highlight the strengths, weaknesses, opportunities and threats to the role of the Commission in European defence. Although several EU member states and institutions supported the further integration of defence policy following the creation of the European Security and Defence Policy in early 2000, the defence-related activities of the EU remained weak and limited. Similar to the wars in Yugoslavia in the 1990s, the full-scale Russian invasion in Ukraine in recent years has spurred further development and “Europeanisation” of this policy area. During the last decade, the EU has set the defence agenda in motion and has launched new military-related initiatives due to the deteriorating security environment in the EU’s neighbourhood. This has sometimes even involved breaking the taboos on defence and strengthening the role of the Commission significantly in the defence industry and space sectors. Following the creation of the European Defence Fund, the most important development in this area concerned the possibility of using EU budget money for defence purposes. Although the defence industry and market of the EU is still fragmented and underfinanced, the European Commission has launched important initiatives to overcome these challenges
Tipikus polgári jogi szerződés vagy munkaviszony? – A platformmunka új szabályainak értékelése az élő jog tükrében
Get PDFPlatform working as a new form of working is becoming increasingly popular worldwide. It is therefore necessary to situate it within the private and labour law system. As it is currently not only protected by labour law but also by other private law protections. In this context, platform workers do not enjoy the same social protection as other workers. What would provide the basis for this level of protection are disciplinary solutions that do not exist in national legislation. The issue of regulating platform work is one of the important labour law issues in living law. We are witnessing the emergence of a conceptual framework currently taking shape and evolving. The European Union Parliament adopted the regulation, albeit not by a qualified majority, during the second round of scrutiny of the study, and at the same time the Hungarian Supreme Court (Curia) issued an important decision on platforms.A platformmunka, mint a munkavégzés új formája egyre népszerűbb világszerte. Éppen ezért szükséges, hogy el tudjuk helyezni a magánjog és a munkajog rendszerében. Mivel jelenleg nem, hogy munkajogi, de más magánjogi védelem sem kapcsolódik hozzá. Ezzel összefüggésben pedig szociális védelem sem azon a szinten jár a platformmunkavállalónak, mint a többieknek. Ami a védelem szintjét megalapozná az a nemzeti jogalkotásban nem létező diszciplináris megoldásokat. A platformmunka szabályozásának kérdése az élő jog egyik fontos munkajogi kérdése. Az éppen formálódó és kialakuló fogalmi keretrendszer kialakulásának lehetünk tanúi. Az Európai Unió Parlamentje a tanulmány második körös ellenőrzésekor fogadta el a szabályozást, igaz nem minősített többséggel, és ezzel párhuzamosan adott ki a magyar legfelsőbb bíróság (Kúria) egy fontos döntést is a platformok kapcsán
A munkajogi védelem megerősítésének régi-új eszközei – Az EU újabb szociálpolitikai jogalkotásának sarkalatos pontjai
Get PDFIn the 2020s, we are living in an interesting and challenging period in terms of labour law regarding the social policy of the European Union. On the one hand, EU legislation has to face serious economic and social challenges, and on the other hand, in the last few years, substantially new regulatory instruments have appeared in this area. The present analysis focuses on the latter, based on some new directive regulations that may lead to a stronger intervention than before in the labour law systems of the Member States in order to strengthen the protection of employee rights at the EU level (e.g. trial period, statute of limitations).Érdekes és munkajogi szempontból kihívásokkal teli időszakát éljük a 2020-as években az Európai Unió szociálpolitikájának. Egyfelől komoly gazdasági és szociális kihívásokkal kell szembenéznie az uniós jogalkotásnak, másfelől pedig az elmúlt néhány évben érdemben új szabályozási eszközök jelentek meg ezen a téren. Jelen elemzés ez utóbbiakra fókuszál, néhány olyan, valóban új irányelvi szabályozás alapján, amelyek az eddigieknél erőteljesebb beavatkozáshoz vezethetnek a tagállami munkajogi rendszerekbe a munkavállalói jogvédelem uniós szintű megerősítése érdekében (például próbaidő, elévülés)