Judicial Reasoning & Legal Interpretation
The Supervision of the Legality of Local Governments
Local governments; legality supervision; municipal autonomy; government offices; judicial review; public administration
The article compares Hungary’s former legality-review system with the stronger legality-supervision framework introduced in 2012. It evaluates whether supervisory instruments adequately protect the public interest and legality while preserving local-government autonomy and proportionality.
GYURITA, RITA
Protocol No. 16 to the Convention for the Protection of Human Rights...
Protocol No. 16; European Court of Human Rights; advisory opinions; judicial dialogue; human rights; preliminary rulings
The article examines the advisory-opinion procedure introduced by Protocol No. 16 to the European Convention on Human Rights. It analyses its procedural operation, its potential contribution to judicial dialogue and domestic human-rights protection, and its relationship with the preliminary-ruling procedure of the Court of Justice of the European Union.
DEÁK, BEÁTA
The Transformation of the Institutional System of Appointed Defence Counsels and...
Appointed defence counsels, bill, criminal procedure, effective defence
The on-going drafting of bill on criminal procedure contains significant improvements in certain scopes; however in some cases, the bill preserves the existing regulation. The object of my examination is the transform of defense. The previous regulation was concerned many critics. An ombudsman’s report, dating from 2012, criticized the foundations of the institution of public defender. The on-going drafting of bill responds to the report, almost point by point, and correct the past mistakes. Presumably the bill coming into force, not only pages, but also in practice, creates the effective protection. It was the fundamental objective of the draft.
BENCZE, KRISZTINA
European Court of Human Rights Case Law on Protection of Personal Data...
European Court of Human Rights; data protection; human rights; Turkey
Protection of Personal Data is one of the newest right developed within the Right to Privacy. This fundamental right has been perceieved mostly as a European value giving as a reason that it has been continuesly develop-ing under the European legal framework. Turkey also follows European heritage of human rights as one of the member of the Council of Europe and European Union candidate country. Recognition of personal data pro-tection as a single fundamental right was a late action of Turkey. For this reason, some of the data potection cases could not solved in Turkey’s jurisdiction, but were referred to the European Court of Human Right. If there was well-grounded data protection law before, the cases could be solved quicker and more in favor of Plaintiffs.
VÁRKONYI-GÜLTEKIN, GIZEM
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