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In the Serbian literature the issue of the overlap between contractual and liability in tort has been thoroughly discussed. The majority of references state that the differences between the two regimes of liability outweigh their common features, thus separate sets of rules should exist governing each. There are authors who claim that differences are not of such significance so as make the integral concept of liability for damage senseless, hence they support the idea of regulating both regimes of liability by a single set of rules. The effective Obligations Act of 1978 is in line with the majority opinion, since it envisages different sets of rules for each regime of liability. Taking into account the existing duality of the rules in the Act, which significantly differ on major points, the key issue is the overlap of contractual and tortious liability, namely rules of which system of liability should apply if the injured party may base their claim on both (so-called concurrency of claims). Lacking an explicit rule in the Obligations Act, the majority asserts that the regime more favorable to the injured party should apply, which corresponds to the German solution. The inspiration for this paper is found in the new Hungarian Civil Code from 2013 which, in contrast to its predecessor, the 1959 Civil Code, and the Serbian Obligations Act, contains an explicit rule on the concurrency of claims in contract and tort. It prescribes a mandatory application of the rules of contractual liability even when the inflicted damage supports the application of the rules of the liability in tort. Such an approach is in line with the French non-cumul doctrine. The aim of this paper is, on the one hand, to initiate a discussion whether it would be reasonable to have a statutory rule in the Serbian law regulating explicitly the issue of concurrency of claims in contract and tort. On the other hand, the paper highlights the reasons that led the legislator in Hungary to prohibit the concurrency of claims. The solution of the new Turkish Code of Obligations from 2011 is mentioned in the paper, as well, which also contains an explicit rule on this subject matter. However, it took a diametrically opposite standpoint as the Hungarian Civil Code: it explicitly enables competing claims not only in contract and tort, but according to any set of rules granting redress to the injured party. Finally, the paper gives a review of the Project of the Reform of the French Code Civil concerning the rules of the liability for damage from 2017. The Project envisaged a rule that would codify the traditional stand-point of the case law and doctrine on the exclusion of the concurrence of claims and mandates the application of the rules on contractual liability. The Project specifies, however, some major exceptions, when regardless of the existence of a contract between the parties, the rules of tortious liability apply. For the time being, however, it seems that a genuine will of the legislature is lacking to embody the Project in the amendments of the Code civil. [ABSTRACT FROM AUTHOR]

The paper examines what was Hungary’s and other European countries’ answer to the collision between the exercise of the right to vote and the measures of public health meant to guarantee the right to health. The paper focuses on the effects that the epidemic triggered by the coronavirus had on Hungary’s and other countries’ elections and electoral processes. Overall, managing the situation posed a serious challenge to all decision makers throughout the world, and countries holding general elections during the pandemic faced particular difficulties. In countries where decision was taken to hold (general) elections (often after postponement), increased measures of protection were implemented during both the campaign and the voting. However, experience shows that despite all these efforts fewer citizens turned out to vote than before the pandemic. This faces countries which are about to organize general elections with a serious dilemma. In fact, decision makers have to ensure the right to vote for all those wanting to exercise it on the one hand, and on the other hand this has to be done amid circumstances that would not expose voters’ health to danger. In order to reach a higher turnout, softening electoral requirements (concerning, for example, the very process of casting the vote) seems to be an obvious solution, but the principle of proportionality has also to be taken into account to preserve the integrity of elections. [ABSTRACT FROM AUTHOR]

The Act XC of 2017 on Criminal Procedure, which entered into force on 01 July 2018, contains significant reforms regarding investigation in criminal proceedings in Hungary. The legislation is a bold undertaking to improve the efficiency of criminal proceedings by reinterpreting the relationship between prosecution and the investigative authority, vertically separating investigations, and integrating diversionary possibilities into analyzes. It aims to overcome the weaknesses of the current system by clearly defining the procedures of responsibility for investigations and by dealing with the more uncomplicated „trivial” cases at the discovery stage. In the paper, the author provides an overview of the provisions of the Hungarian Criminal Procedural Act that are closely related to investigations, with a particular emphasis on the possibilities of diversion and the open questions that arise in this context and that are left to case law to elaborate. [ABSTRACT FROM AUTHOR]

The New Proposal of the Hungarian Civil Code was submitted to the Parliament by the Government on 11 July, 2012. Reviewing the provisions on prescription and terms of preclusion, it attempts to harmonize the current judicial practice, the international background and the legal tradition of the Hungarian civil law with the effective legal regulation. The present paper reviews the changes in the provisions related to prescription and preclusive terms, and investigates whether the internal coherence of the provisions has been achieved. The paper surveys provisions on prescription of the Draft Common Frame of Reference and the Convention on the Limitation Period in the International Sale of Goods. [ABSTRACT FROM AUTHOR]

The paper briefly talks about the investigating judge as a new important subject of the Hungarian criminal procedure. Until introducing the institute of the investigative judge the Hungarian criminal procedure did not have a court organ in investigation, which was entirely in the competence of the public prosecutor. The paper is divided into four major parts. In the first part the author points onto the dilemmas that have been raised in the preparatory work of the new Criminal Procedure Code regarding the need and the model of the investigating judge. In competition with the model of a classical investigating judge the investigating judge as a human rights judge got more support. In the second part the author elaborates on the competences of the investigating judge. In the third part the ways of bringing decisions by the investigating judge are considered. The forth and final part is devoted to short concluding remarks in which the author highlights that the investigative judge is an important organ in providing for the legality of prosecution and maintaining human rights in the pre-criminal procedure. [ABSTRACT FROM AUTHOR]

Given the peculiarities of historical development, modem codification efforts evolved with a delay in the Age of Reforms in the eighteen-thirties; with respect to copyright the Bills related to Bertalan Szemere are worth mentioning. After suppression of the War of Independence (1849) and the Compromise (1867), basically Austrian laws were applied. The history of Hungarian copyright law is characterised both by successful and unsuccessful attempts at codification, although aborted bills failed due to changes in historical circumstances rather than the standard of proposals. The Bill submitted by Bertalan Szemere to the National Assembly in 1844 was not enacted for lack of royal sanctioning. Following the age of imperial patents and decrees, after the Compromise (1867) the Society of Hungarian Writers and Artists put forth-again an unsuccessfulmotion for regulation; however, the Commercial Code, Act XXXVII of 1875 devoted a separate chapter to regulation of publishing transactions. The first Hungarian copyright law, Act XVI of 1884, was made following László Arany's initiative, upon Istwin Apáthy's motion. The Act implemented modem codification adjusted to bourgeois conditions, setting out from theoretical bases of intellectual property not superseded ever since. In this paper first, we will the suggestions of Ferenc Toldy on protection of intellectual property, then we will examine the early stages of statutory protection of author's works in Hungary, and finally, we will analyse the discuss Bertalan Szemere's role in regulation of copyright and his 1844 Copyright Bill [ABSTRACT FROM AUTHOR]

In this paper regulation issues of use, including mainly issues of the lease in Hungary are presented (barriers and financial issues of the use obligations). Basic regulation regarding the consensual nature of land use is the Code Civil. Compared to it special regulation can be found in the Act on arable land. There is more specialization regarding each branch of cultivation, such as the act on forest, grape cultivation, lands under nature protection. Hungary joined the EU in 2004. During this accession the legal regulation regarding arable land must have been considered by the obligation of harmonisation. Accordingly, property and use relationships of the Members States' citizens were altered. Moratorium was given to foreign citizens till 2014, i.e. there is a possibility for different regulation regarding foreigners. There have recently been amendments of the Act on arable land and a process aiming new Act on arable land is at issue. There is a need for amendment mainly because of foreign property acquiring. However issues of property and use are closed, accordingly the amendment of use relations is also due soon. It is urged by the expiry of the moratorium and by the agricultural support issues. [ABSTRACT FROM AUTHOR]

In present paper the author analyses four aspects of timesharing contract: Applicable law (in European Union law and national legislation) 2. The Notion of Timesharing 3. System of Timesharing 4. Recognition of contract. The European Parliament and Council have on 24th October, 1994 adopted the Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis. The aim of the Directive was to bridge the existing differences between national legislations in respect of this contract that are likely to create barriers to the proper operation of the internal market and distort the competition. The purchasers of an immovable property ought to enjoy the highest standards of legal protection (right to information on the constituent parts of contract, right to restitution), just as the vendors are entitled to collect payment for the transferred rights. Since the legal nature of the rights subject of timesharing contracts varies considerably from one Member State to another, it proved necessary to establish a minimum basis of common rules. The Directive itself has the aim to bring under overall regulation the timesharing contract, especially in respect of its essential elements, purchaser's right to information and protection of his interest in property. The Member States took different paths in respect of implementation of this contract in the national legislation. Some included it in the branch of consumer protection law (for instance, Scandinavian countries, United Kingdom, Germany or Austria), while others in the domain of tax law (such as Greece, Portugal, Spain or France). There are, however, differences at national level for example in respect of form and essential elements, parties to the contract or consumers' right to restitution. The timesharing contract has its most important role in transfer of rights to temporary use of touristic facilities. [ABSTRACT FROM AUTHOR]

This study compares the legal frameworks of Hungary and Indonesia in dealing with the massive influx of refugees in their respective countries. While Hungary has successfully reduced the number of asylum seekers through a “ fortress” approach using its Asylum Act of 2007, Indonesia’s legal framework, as seen in Presidential Regulation 125/2016, lacks the procedures for converting asylum seekers into refugees. This is compounded by the absence of a refugee status determination process in Indonesia, making it challenging to provide assistance to increasing numbers of asylum seekers entering the state yearly. To address this problem, Indonesia must first make national legal changes that reflect its sociopolitical realities before ratifying the 1951 Refugee Convention and the 1967 Protocols. In contrast, Hungary’s legal framework, while effective in reducing the number of asylum seekers, has been criticized for being restrictive and failing to respect human rights. [ABSTRACT FROM AUTHOR]

In my study, I intend to explore the impact of the current epidemic situation on the health care system in Hungary. To this end, the legal environment applicable to the epidemic situation and the measures related to the health care system in the context of the epidemic situation will be presented. I think that in the 21st century and beyond, it will be increasingly important to deal with emerging epidemics, to which all countries must be able to respond appropriately. Managing the epidemic situations effectively and appropriately is in the interest of society as a whole. Furthermore, public health considerations are essential, and every country has to enhance efforts to fight epidemics. In the 21st century, states still have to consider their task to provide the necessary financial resources to combat epidemics. Health care systems should be suitable to meet public health and epidemiological considerations and the demands of general patient care. [ABSTRACT FROM AUTHOR]

The Act XCV of 2021 amending Act V of 2013 on the Civil Code (hereinafter: Civil Code) introduced significant changes concerning business associations in Hungary. In my study, I examine certain amendments affecting limited partnerships, with a particular reference to the rules for the election of a limited partner as managing director and whether the corporate form is shifting from a limited partnership to a capital partnership under the changed provisions. [ABSTRACT FROM AUTHOR]

The rule of law is one of the most complex concepts in constitutional law, some principles of which permeate the entire functioning of the state, the relationship between the individual and the state. It is no coincidence that there have been many attempts to define the concept of the rule of law in the literature, legislation and international law as well, but we cannot speak of a uniform, universally accepted concept. The rule of law is strongly linked to the historical development of a given country. This article presents the problems encountered by the Constitutional Court of Hungary in its judgment and how it defined certain principles of the rule of law in practice. These decisions of the Constitutional Court affect the functioning of the state and legislation and are historically linked to the development after the change of regime in Hungary. There are different opinions in the literature that the Court used the concept of the rule of law formally, or as a subsidiary, or as an abstract, mysterious concept in different decisions. According to the position of the present article, no matter how the Constitutional Court approaches the concept, it is certain that the merits of the elaboration of the elements of this important constitutional institution and its application to Hungarian historical conditions are indisputable. In interpreting the concept of the rule of law, the Constitutional Court made it clear that the principle of the rule of law is not an auxiliary, secondary rule, and not merely a declaration, but an independent constitutional norm, the violation of which may in itself justify the unconstitutionality of a legal act [ABSTRACT FROM AUTHOR]

The defence and security of Hungary is a national matter, on which the survival and development of the nation, the community and individual rights are based. It is a priority objective to enhance the security of the country and the nation and to fulfil Hungary’s obligations in the international alliance system. In view of this, the continuous functioning of the State organisation, the performance of security and defence tasks and, if necessary, the restriction of citizens’ rights within the constitutional framework must be ensured with adequate operational efficiency and in full compliance with the guarantees of the rule of law, even in the context of the peacetime and special legal order periods defined in Fundamental Law, and in the course of coordinated preparation and defence against various threats, harmful, influencing and offensive behaviour based on natural and civilizational events and human actions. The security challenges of the 21st century and the rapidly changing environment call for a new regulatory framework that can provide a flexible, transparent way in which defence and security system can operate in peacetime and in times of special legal order. A framework for the preparation of state bodies needs to be provided and measures along which the competent bodies can act in a period of special legal order need to be defined in detail, so that the country’s functioning and its legal order can return to normal as soon as possible after the reason of the special legal order has been lifted. It is an important pillar of stability of a democratic state that the freely elected legislature, Parliament, determines the content and the form of cases in which it is possible to derogate from the general rules. There are different types of special status, so the concentration of power should be implemented only to the extent strictly necessary to resolve the situation, in accordance with the principle of proportionality. The institutions of special legal order are therefore institutions of a temporary and urgent nature which can be deployed as ultima ratio of state instruments in a situation of necessity, provided that their constitutional conditions are met. [ABSTRACT FROM AUTHOR]

Why should administrative jurisprudence not also be one of the popular sciences? Why only physicists have the privilege to talk about their own field in a way that is accessible, understandable and interesting for many? After defining the general concept of science promotion, this study briefly presents the main goals of promotion, including the skills that can be developed the most through these promotion efforts, the administrative areas that, in our opinion, are of the most public interest, new communication opportunities and channels and concrete (methodological) solutions that increase opportunities for addressing and dialogue, including the interdisciplinary fields that use and present results of administrative law. It proceeds to consider answers regarding the matters of what skills and knowledge the ideal promoter should have and what social target groups can potentially be the focus of promotion efforts. The study also captures the general and administrative knowledge limitations of science promotion before concluding with a summary of the results obtained. [ABSTRACT FROM AUTHOR]

In Hungary, in 2020, political debates about the system of local self-government flared up. According to some mayors, government measures taken by the shock of the pandemic, primarily those that limit the independent revenues of local governments, will lead to the return of the system of socialist councils and the abolition of local governments. ' Namely, the government claimed that the measures taken wanted to alleviate the tax measure of the company by the shock of the crisis, while the opposition believes that these measures are an expression of revenge towards those local governments headed by representatives of opposition parties. In 2018, those parties achieved electoral success, for which, according to the claims of their leaders, the local self-governments they lead are now being punished in such a way that they are deprived of their main sources of independent income. In their view, at the same time, government revenues that the government still wants are "compensated from central sources. The debate is not new and fits well into the efforts expressed in the process of complex local government reform in the last decade." On the one hand, as a number of measures, centralization and limitation of the scope and powers of local authorities are undertaken, and on the other hand, as activities necessary to prevent local government borrowing and increase their efficiency. and from a scientific point of view, it is worth looking back at the period of the fall of socialism and regime change (transition), and then write down the constitutional laws starting from 2011. [ABSTRACT FROM AUTHOR]

The aim of the research is to cast light on the legal regime of the mining area land in medieval Serbia and to answer to what extent Saxon customary mining law was accepted in this aspect and what the ratio legis of article 123 of Dušan's Code was It seems likely that until the enactment of Dušan's Code it was possible to occupy land cleared for mining purposes and to acquire property of the mining area, which was previously res nullus. However, Dušan's Code changed this rule prescribing only the possibility of acquiring the time limited mining concession, which was moved by possible permanent monopolization of the land in the mining areas. At the same time, the Code proclammed the right of ore search and exploration on the feudal lords land Similarities to the older Hungarian and Czech law indicates legal transplantation The mining concession was regulated in Despot Stefan's Mining Code for Novo Brdo, which prescribed detailed rules for losing the concession in the case of neglecting the mining active. Based on similarities one can assume that these rules were mostly the reception of the Saxon customary mining law, also written in late medieval mining laws of Hungary and Czechia However, the small differences may show that after one and a half century the Serbian mining community introduced its own unique rules Research is based on linguistic, systematic and historical analysis of the sources as well as the regressive analysis and comparative method. [ABSTRACT FROM AUTHOR]

After a brief outline of the past, the study focuses on the three main elements of public administration: the organization, the tasks and competences, and the characteristics of the staff. Different but complementary research methods (historical, comparative and dogmatic) show the changes in the management and operation of state administration over historical periods. The formal, subordinated administration has gradually given way to a customer-friendly, service-oriented administration. The corresponding organizational framework is the government window system, while the institutions the Act of General Administrative Procedures provide the opportunity to implement fast, cheap and efficient state services. The commitment, skills, and professionalism of the public administration staff re main the most important factor for the realisation of a modern, service-oriented state. Changes like state administration are not straight-line, but the tendency is the strengthening of the help and service image. [ABSTRACT FROM AUTHOR]

The present article analyses the precautionary principle, which is one of the basic principles determines the basic human behavior applicable to environmental protection. The analysis happens in three perspectives. The first is the static perspective, which summarize, what do we mean under the definition of precautionary principle in the Environmental law. The author separates the precautionary principle from the two other related principles of human behaviour, which are the prevention and the recovery. The second perspective analyses, how this principle can be used in the field of the two areas of agricultural innovations related directly to the environmental protection, which are the food chain and the genetic engineering activities. In this field the question to be examined is, whether the principle is suitable for the corroboration of such bioethics responses that the stem cell of the unborn embryo is usable for saving other people’s lives. The third perspective is a constitutional change of attitude, the practice of Constitutional Court of Hungary. The main questions are, according to which arguments should integrate the Constitutional Court of Hungary this difficulty interpretable principle for the purpose of the protection of natural resources named as the common heritage of the nation in the Fundamental Law of Hungary and where are the limits of the legal actions regarding this principle. [ABSTRACT FROM AUTHOR]

The subject of analysis in this article is the fate of the economically very important possessions that Despot Djurdje Brankovic had in Hungary. These property was quite distant from the Serbian ethnic space. It would have been said that Jovan Hunjadi, under the mask of pignus, avoided the possibility that the Serbian Despot would accuse him of taking possession ofproperty, of blackmail, of coercion. The Hungarian rulers intensively used Brankovics inability to efficiently control the estate that he had nominally owned. Despot had his property, but not in the reality. He formally possess something that he did not actually own, and he could never independently control it. [ABSTRACT FROM AUTHOR]

Medical negligence has long been in the focus of legal research in most countries. In some countries, the negligence standard has been replaced by the avoidability standard, the latter leading to a no-fault system. Nonetheless, most legal systems apply the negligence standard. In my opinion, the negligence standard should be sustained because, despite the undoubted advantages of the no-fault system, the 'good old law' on medical negligence promotes greater legal certainty and patient safety. Criminal medical negligence differs from civil medical negligence as regards onus, as well as in other ways. In the UK, many lawyers and physicians have protested against the legal practice of gross negligence manslaughter, an effort which may also serve as an example for other countries. In most continental European countries, the enforcement of a foreign punitive damages judgment would run counter to the ordre public; however, in some countries, such as in France and Hungary, a punitive damages judgment might be enforced. [ABSTRACT FROM AUTHOR]

After 2000, Hungary experienced some extraordinarily unfavorable changes with respect to poaching - in the poachers' style, characteristics, methods and equipment. For a long time the legislation did not recognized the danger of illegal hunting. Criminological studies led to the codification of poaching law in the Criminal Code in 2012. Previously, it had only been possible to adjudicate and sanction activities related to illegal hunting through different legal frameworks, such as theft or illegal use of weapons. We must also bear in mind that the threat posed by climate change has heightened the importance of laws protecting nature and the environment; consequently, public opinion toward wildlife management and poaching must change. [ABSTRACT FROM AUTHOR]

Social responsibility has undergone significant development in recent years. The concept has been a success for every aspect of life, personal life, the economic sphere, and finally the public sector. At present, many states are struggling with proven problems in the public sector, and public social responsibility is one of the guidelines under which a comprehensive public administration reform could be launched. In this study we examine the British and Hungarian solutions of social public responsibility. The United Kingdom’s example, though ahead of us, is not sure that the fundamental legal and mindset differences make the other European countries the same way to implement the PSR that works in the Anglo-Saxon kingdom. [ABSTRACT FROM AUTHOR]

In Hungary, the right to health is implied in the Fundamental Law of 2011. The legal history of the constitutional right to health in Hungary dates hack to 1949, although this was preceded by an earlier assumption of social human rights. The Hungarian constitutional right to health implies the most important notional elements of the human right to health. One can see that the communist type of constitutional right to health largely differs from the right to health under a democratic rule of law. The Hungarian Constitution of1949 and the Constitution of the Democratic People’s Republic of Korea currently in force reflect a 19th-century social human rights conception. In present-day Hungary, there is no room for a similar understanding. Hungary’s present constitutional health law is shaped according to the needs of a society within a free market economy. [ABSTRACT FROM AUTHOR]

A research group consisting of the authors of this study determined to carry out comprehensive empirical research on the opinions of lay assessors and professional judges in Hungary. Since such an endeavour had not taken place for more than fifty years, research was now aimed at detailing the system of lay judges. The commonly perceived negative view of lay assessor activities was thought to have been induced by myth, professional superiority and negative statements also similarly made in other countries rather than being based on the very views of those who actually had an insight as lay or professional judges into the effective functioning of the system. The objectives of that research were twofold: not only did they intend to convey a full picture of the current lay assessor system based on specialist literature, legislation analysis and the opinions of lay and professional judges, but they also brought forward de lege ferenda proposals to the legislator if it was so desired. This study analyses one of the basic questions that goes to the heart of lay participation in dispensing justice: the problem of selection and representativity. [ABSTRACT FROM AUTHOR]

In thispaper we survey the system o f academic degrees and important academic titles used in Hungary in the mirror o f their historical development - as appropriate from the aspect ofjurisprudence, omitting scientific titles thatfall outside this field. First, we examine the requirements and statutory conditions o f becoming a university professor (ordinary and extraordinary university professor) and universityprivateprofessor (Privatdozent) in theperiodfromMaria Theresa’s Ratio educationis, i.e., 1777 to 1950. After that, wepresent the introduction, regulations o f the academic degrees introduced in 1950 and 1951 following Sovietpatterns: the candidate o f sciences and doctor o f sciences degrees and the rules o f obtaining them as well as the system o f scientific and researcher classification still used today. After the historical survey, we analyse the regulation o f academic degrees and titles after the change o f regime on the basis o f statutory and institutional regulations. As part o f that, we survey the system o f requirements o f obtaining the doctoral (PhD) degree, the requirements o f habilitation as scientific qualification, the rules o f winning the doctor o f the Magyar Tudomanyos Akademia (MTA) [Hungarian Academy o f Sciences (HAS)] title replacing the doctor o f sciences degree and the conditions o f becoming an ordinary and corresponding member o f the Academy. [ABSTRACT FROM AUTHOR]

Hungarian and foreign experts evaluated the measures of the justice reform put in place after the 2010 change of government as one being about a series of successive measures to politicize the judiciary from the creation of the new Basic Law to legislation regarding the judicial system. In this study it has been demonstrated that regarding the initial phase of judicial selection the gradual strengthening of meritocratic elements may be observed, which continued after 2010 as well. First and foremost, it may be traced in the more objective system of evaluating judicial applications. The possibilities for discretionary decisions of heads of administration have considerably been restricted in the selection of judges. At the same time, however, the competences of heads of administration entitled to appointment were broadened upon filling court management positions. During the appointment of administrative management (court presidents and vice presidents) that are able to influence sentencing indirectly, the role of single-handed decisions have become more preponderant while that of the judicial self-governing bodies have lost momentum. To what extent these changes strengthen the judges' compulsion of alignment can only be sensed in the long run and may only be assessed objectively within certain bounds. [ABSTRACT FROM AUTHOR]

In my study I introduce the Hungarian conditional release and presidential pardon and new compulsory presidential pardon system. This study is based on research carried out in the Ministry of Justice at the Pardon Department in which I analyzed several dozen petition pardons. In connection with the new compulsory presidential pardon I examined the judgment of the European Court of Human Rights, which has condemned Hungary because of its adoption of real (whole) life imprisonment. [ABSTRACT FROM AUTHOR]

In parliamentary systems which are based on democratic constitutional order (with democratic elections, for example) position of the government is well-marked. Government is the primary political authority in these states. With such position of the government, constitutional systems of Hungary and of Serbia are not exceptions because the constitution grants to their governments a first class role in country governing. It is one of the similarities in the position of government in Hungary and in Serbia. But observing specific provisions about competence, about relation with the president of the republic and with the parliament, there are many specific differences. Those differences of constitutional norms do not impede the conclusion that both governments are practically superior to the parliament, as long as they have a majority in parliament. It is, after all, a characteristic of all parliamentary systems. Second characteristic which is important for government's position is its relation with the head of the state who is some kind of practical competitor for predominance in executive power. For the evaluation of that relation, every specific constitutional provision is important as well as the level of its feasibility since these provisions are the elaboration and the extension of the general formulation that in parliamentary systems government has executive power. [ABSTRACT FROM AUTHOR]

Muslim population was present in medieval Hungary since the conquest of Pannonia by the Hungarians. There are various theories about their origin. Hungarian Muslims were most often referred to az Petcheneguesm, Kalizes, Kwarezmies, etc. they also found their place in the legal system of the country. Very severe laws on Muslims in Hungary were adopted by king Laszlo I and his successor Coloman in 1092. and at the beginning of XIIth century. These laws prohibited newly converted Muslims of practising their old faith, marriage between Muslims was prohibited, and they were forced to eat only pork. In every village where the islamic population had lived a church was to be built. A prominent Muslim traveller Abu Hamid, who lived in Hungary between 1150-1153. taught his fellow Muslims about their, faith, language and law of inheritance. We do not know much about it, but it can be presumed that followers of islam in medieval Hungary had sufficient internal judicial autonomy. In 1217, as well as later, there were three ordeal cases in Varad registre which consider Muslims as a part in the litigation. In all three cases Christians were accused by the Muslims. Even though the laws were harsh and severe and conversion was always present the Muslim population has successed to persist in Hungary until late XIIIth century. Their legal position was interesting and sepcific. [ABSTRACT FROM AUTHOR]

The first regulation of Hungarian citizenship according to the contemporary constitutional reforms and legal practice only took place in 1879. Despite the errors of the law, it is a major milestone in Hungarian citizenship law, since it also incorporated in its system the cases of acquisition and loss of citizenship. The law contains detailed provisions on how the legal relationship between the citizen and the state could be established and terminated. The objective of the law was to make the system of citizenship clear and transparent. This citizenship law could be regarded as one that was able to withstand the test of time, since it remained in effect, with minor amendments, until 1948. The first such amendment was Act 4 of 1886 on the re-naturalization of people resettling in large numbers, which was followed by Act 17 of 1922, aimed at the settling of the unique status of citizenship that was the result of the Trianon Peace Treaty. A further significant change was also included in Act 13 of 1939, which provided that those obtaining citizenship in another country would automatically lose their Hungarian citizenship. In later citizenship laws (Act 60 of 1948, Act 5 of 1957, Act 55 of 1993), significant changes were introduced both in the field of acquisition and loss of citizenship, as a consequence of which more grounds were given to the expression of individual will and less room was allowed for the intervention of the state. [ABSTRACT FROM AUTHOR]

The article discusses the history of the adaptation of jury system in Hungary. On April 19, 1848, Justice minister Ferenc Deák issued a decree regulating the jury procedure on the basis of the draft of the code of criminal procedure of 1843. Several acts that led to the reorganization of the jury system in the country such as the Chapter XIX of the Code of Criminal Procedure are tackled. It is noted that the people of Hungary believed that the jury system would balance the text-based authority of judges.

Regulation on civil rights and liberties -- predominantly in programs -- have ever since occupied an important part of the documents of the Serbian National Movement in South Hungary in 1848-1849. These documents had characteristics of constitution drafts, although not all of them were equally concentrated on that subject matter. Primarily in the first half of the Movement, in March and April 1848, these documents included numerous requests, national petitions, further the Decisions of the May Assembly and later on various drafts of constitutional content. Civil rights and liberties were mainly dealt with in documents of Stefan Radičević and in documents of the constitutional committee. Personal, but also political rights. Like the freedom of press, opinion end speech, the liberty of meetings and unions preoccupied the first place in theses documents. Since the Serbs fought primarily for their national rights and liberties these were assigned an important standing. The declaration of equality of all nations that lived on the territory of the Serbian Woiwodina, further the proclamation of international tolerance, freedom and equality of civilians -- regardless of their confession and nationality -- their right to preserve nationality, to be educated in their mother-tongue, to use their native language and writing in communication with authorities ranked high. [ABSTRACT FROM AUTHOR]