Transformation in Hungarian Law (1989-2006)

Transformation in Hungarian Law (1989-2006)
Author: Vanda Lamm
Publisher: Akademiai Kiads
Total Pages: 238
Release: 2007
Genre: Law
ISBN:

This collection of studies attempts to summarize the major changes in the Hungarian legal system since 1990. The authors realize that a comprehensive overview of the entire legal system of period would go well beyond the scope of this book, and in fact could be too detailed to interrest prospective readers unfamiliar with the topic. Based on this understanding the book focused on each major branch of law separately (constitutional law, administrative law, criminal law, civil law, etc.), while aiming to describe all major aspects of these changes.

European Employment Models in Flux

European Employment Models in Flux
Author: Gerhard Bosch
Publisher: Palgrave MacMillan
Total Pages: 314
Release: 2009-03-31
Genre: Business & Economics
ISBN:

European employment models are under pressure to meet new external challenges and changing internal needs. Nine country chapters, covering the UK, Germany, France, Sweden, Italy, Greece, Spain, Hungary and Austria, reveal that institutional change in production, employment and welfare regimes is producing uneven outcomes. These outcomes are found to depend not only upon the variety of capitalism or welfare regime but also on actors' political will, at national and European level, and the model's specific architecture. Although examples of revitalization affirm the potential for institutional renewal, the prevalence of partial and incoherent reforms is eroding European employment standards. What is at stake here is the future of the European social model. The problem here is not so much the EU social and employment reform agenda but its influence on the organization of product markets and macro economic management where its policies are constraining options for social innovation.

Building Justice in Post-transition Europe

Building Justice in Post-transition Europe
Author: Kay Eileen Goodall
Publisher: Routledge
Total Pages: 210
Release: 2013
Genre: Law
ISBN: 0415697131

After the collapse of the Berlin wall in 1989 and disintegration of the Soviet Union, scholars focused on the problems of legal transitions within the newly emerging democracies. Two decades on, these states are in 'post-transition' conditions; having undergone and continuing to experience political, economic and constitutional upheavals to varying degrees. Criminal law and processes of criminalisation and decriminalisation are at the heart of these changes, and must be understood in the light of the social transitions. A major influence is the old 'West' - a relationship that has often been more maleficent than it may appear. This book provides an interdisciplinary perspective on this largely unexamined topic.

The Transition to Democracy in Hungary

The Transition to Democracy in Hungary
Author: Dae Soon Kim
Publisher: Routledge
Total Pages: 292
Release: 2013-07-18
Genre: Social Science
ISBN: 1135045518

Unlike in other countries of Eastern Europe where the opposition to communism came in the form of single mass movements led by charismatic leaders such as Václav Havel and Lech Wałęsa, in Hungary the opposition was very fragmented, brought together and made effective only by the authoritative, significant but relatively unknown Árpád Göncz, who subsequently became Hungary’s first post-communist president. This book charts the political career of Árpád Göncz, outlining the outstanding contribution he made to Hungary’s transition to democracy. Drawing on a wide range of sources, including archives and interviews with Göncz himself and others, it shows how Göncz, unlike Havel who was a playwright and whose political role was largely symbolic, was a campaigning politician all his life, consistently advocating social democratic, but not communist, values. Imprisoned from 1956 for his participation in the 1956 uprising, Göncz was a highly-effective political operator in the transition period around 1989, and as president wielded real power effectively. As politics in Hungary are again marred by deep division and fragmentation, Göncz’s success in bringing rival groups together is even more pronounced.

Alternative Dispute Resolution in European Administrative Law

Alternative Dispute Resolution in European Administrative Law
Author: Dacian C. Dragos
Publisher: Springer
Total Pages: 624
Release: 2014-09-19
Genre: Law
ISBN: 3642349463

This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.

Comparative Administrative Law

Comparative Administrative Law
Author: Susan Rose-Ackerman
Publisher: Edward Elgar Publishing
Total Pages: 753
Release: 2017-08-25
Genre: Law
ISBN: 178471867X

A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.

Comparative Reasoning in European Supreme Courts

Comparative Reasoning in European Supreme Courts
Author: Michal Bobek
Publisher: OUP Oxford
Total Pages: 1393
Release: 2013-08-08
Genre: Law
ISBN: 0191669997

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.

Post-Communist Mafia State

Post-Communist Mafia State
Author: B lint Magyar
Publisher: Central European University Press
Total Pages: 337
Release: 2016-03-01
Genre: Political Science
ISBN: 6155513546

Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ

Democratic Decline in Hungary

Democratic Decline in Hungary
Author: András L. Pap
Publisher: Routledge
Total Pages: 197
Release: 2017-08-03
Genre: Law
ISBN: 1351684671

This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe
Author: Liviu Damşa
Publisher: Springer
Total Pages: 325
Release: 2017-01-03
Genre: Law
ISBN: 331948530X

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.