A ‘Paradigm Shift’ in the Criminal Law System – The Evolution of the Mediation in Criminal Matters in Hungary, by Virtue of the EU Expectations

  • 2020/05/23
  • kutatocsoport5

The idea of restorative justice has been much talked about in the last decades. Distinguishing between a retributive and a restorative model, it has sometimes been argued that the idea of restorative justice stands for a 'paradigm shift' in the criminal law system. Mediation has become an integral part of many European criminal justice systems: although there were many unsolved problems at the beginning. As it was pointed out in the Handbook of Criminology, these problems covered a wide variety of details, ranging from the unclear role of reparation and compensation within the context of the criminal justice system to the consequences of the idea of restorative justice for the mass of ‘victimless’ crimes. However, the lack of a conclusive concept of restorative justice could have been left unnoticed, as a considerable progress of the idea of restorative justice could be observed in many European legislations during the last decades. Read more... (Petra Ágnes Kanyuk)

A Challenge for the EU’s Average Consumer Concept

  • 2020/05/17
  • kutatocsoport5

To a certain degree, owing to informational asymmetry, a difference in negotiating power and a relative lack of transparency, and due to the ever-present risk of falling victim to unfair commercial practices, all consumers can be considered vulnerable or disadvantaged when it comes to business-to-consumer transactions. This is especially the case in those consumer markets that involve particularly complex transactions, such as the financial products and services market. In the light of these issues, this article focuses on the European Union's concept of the ‘average consumer’ and its interpretation by the European Court of Justice (ECJ), particularly in cases concerning problematic markets. Read more... (Daniel Szilágyi)

Memories of the ‘Class of 2004’ – A Foretaste of Some Thoughts on the Occasion of the 16th Anniversary of Hungary’s Accession to the EU

  • 2020/05/04
  • kutatocsoport5

Hungary became part of the European Union (EU) during the 2004 ’big bang’ enlargement together with nine other, predominantly Central and Eastern European countries. The accession of new Member States brought crucial legal, economic, and social changes in the acceding countries, including Hungary. EU accession triggered remarkable interactions between EU law and the domestic law of the acceding countries. Read more... (Petra Ágnes Kanyuk)

Competent Forums for Setting Aside an Arbitral Award in the Context of Kosovo and UNCITRAL’S Legislation

  • 2019/09/17
  • kutatocsoport5

This article sets out to present the competent forums for setting aside an arbitral award within the legislation of Kosovo and in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 and United Nations Commission on International Trade Law (UNCITRAL) Model Law on Commercial Arbitration 1985 with amendments as adopted in 2006. The article aims to show the importance of the systematic interpretation of Law No. 02/L-75 on Arbitration of the Republic of Kosovo, the Convention and the Model Law to find the final meaning of provisions that can serve as grounds to establish jurisdiction for setting aside an arbitral award, whether these provisions are the grounds of jurisdiction for setting aside a national or foreign arbitral award. Read more... (Fis Murati)

International Law and Drone Warfare

  • 2019/07/09
  • kutatocsoport5

Over the past decade the use of drones, robots, and other remotely controlled weaponry has surged in the area of modern warfare, raising questions on the challenges these new technologies bring to human rights and the application of international law as a whole. States and non-governmental organizations have done very little to change existing laws, and remain unmoved at large by the challenges this new technology brings, leaving lawyers, human rights activists and organizations stuck with old laws that no longer apply to new wars. This article looks at some of the challenges contemporary wars bring to international law, and explores the debates centered on the legality surrounding the use of drones by arguing that an update in existing laws is necessary. Read more... (Leen Bakerjian)

European Court of Justice: Advocate General voices criticism of Polish judicial reform

  • 2019/07/03
  • kutatocsoport5

In a recently published opinion, Advocate General Tanchev of the ECJ expressed concerns regarding the appointment of judges to the newly established Disciplinary Chamber of the Polish Supreme Court. According to the opinion, the Disciplinary Chamber does not satisfy the requirements of judicial independence under EU law due to national legislative authorities playing a key role in the election of the 15 judicial members of the National Council of the Judiciary (NCJ), the body playing a primary role in the appointment of judges to the Disciplinary Chamber. Read more.. (Daniel Szilágyi)