Preface
The English-language journal of the Deák Ferenc Faculty of Law of Széchenyi István University has reached its 10th year.
A decade is an excellent opportunity to take stock and set goals. The journal publishes articles, reviews, conference papers and short analyses in English and in German twice a year. It has been awarded a category C classification in the list of journals of the Hungarian Academy of Sciences, which is a good opportunity for publishing the writings of young academics, doctoral students and talented students. The articles accepted by the editorial team come from different fields of social science. We publish primarily the results of legal research, but also articles from sociology, political science and other fields related to law, in line with the trends of inter- and multidisciplinarity.
EGRESI, KATALIN
The growing vulnerability of workers, reflections at the first Hungarian platform case
Dependent work, irregular work, long-term self-employment, electronic platform contract, self-employment
In the first part of the paper, the authors analyse a case involving an electronic platform intermediary in a food delivery - delivery service case, in which the Supreme Court ruled that the deliverer was a contractor/agent and not an employee, as the board qualified it. However, the authors argue that the position of the Court of Appeal could also be accepted, which would allow for a classification as dependent self-employment arising from a formal self-employment. The second part of the paper analyses the contractual framework of traditional employment relationships, pointing out the increasing vulnerability of the related processes. The blurring of both platform work and traditional employment leads the authors to the conclusion that labour law instruments must be provided to protect the vulnerable worker.
SOLYMOSI-SZEKERES, BERNADETT – PRUGBERGER, TAMÁS
The relationship between restorative justice and consensual procedures
Restorative justice, consensual procedures, mediation procedure, plea agreement, confession in the preparatory session
The paper shows how restorative justice fits in with consensual procedures satisfied with procedural justice based on confession of guilt. In our view, the protection of the interests of victims, the establishment of truthful facts and the enforcement of social justice are all objectives that must guide the legislation and the application of law in the 21st century. Although the Hungarian Code of Criminal Procedure has considerably broadened the combinability of consensual procedures, the dangers of the eclipse of material justice cannot be ignored. More specifically, the contradiction that the more effective restorative justice is, the more pressure is put on the defendant to participate in it, trading the possibility of total victory for the certainty of avoiding total defeat. And although the institutions of the plea agreement and the confession in the preparatory session may compete with the mediation procedure, the latter is the one that can provide the most complete reparation for the victim.
CSÁK, ZSOLT – CZEBE, ANDRÁS
Characteristics of property rights in international law
Protection of property rights, universal international instruments, fundamental right restriction, compensation
The paper deals with the protection of property rights as a fundamental human right. I present the system of international legal protection of property rights through the major international conventions and in the community of the European Union. The instruments of property protection are also analysed. The second half of the paper deals with compensation for damage to property, including the specific rules of compensation. I conclude with a related case law. paper deals with the protection of property rights as a fundamental human right.