Judicial Reasoning & Legal Interpretation
Adaptation of Rights in Rem According to the EU Regulation on Matrimonial Property Regimes
Adaptation; adaptation of rights in rem; matrimonial property regimes; matrimonial property regulation; succession regulation
In June 2016 the Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes has been adopted. According to its Preamble, the Regulation should not affect the limited number of rights in rem (the numerus clausus principle) known in the national law of the particular Member State. Nevertheless, the spouses should be allowed to enjoy in another Member State the rights which have been created or transferred to them as a result of the matrimonial property regime. Therefore, Article 29 of the Regulation provides for the adaptation of an unknown property right to the closest equivalent right under the law of that other Member State. The aim of this contribution is to describe the concept of adaptation and analyse how adaptation of rights in rem can be used in the context of matrimonial property regimes.
ZAVADILOVÁ, LUCIE
The Invalidity and the Non-Existence of Collective Bargaining Agreements in the Scope of...
Collective agreements, invalidity, non-existent contract, labor law
The biggest innovation of the new Act I of 2012 on the Labor Code of Hungary (LC) was that opposed to its predecessor, as a principle it allows collective agreements and individual labor contracts to regulate the content of work differently from what is stipulated by the Labor Code. The goal of the new LC was to increase the role and efficiency of collective bargaining agreements by promoting flexible collective autonomy to the employer and the trade unions, that means the freedom of the participants of the labor market to regulate their relationship through bargaining agreements adjusting to their (financial, social) needs. The collective bargaining agreements (CBA) constitute an extraordinary legal institution with both contract law and public(labor) law elements. As an agreement, the collective bargaining agreement is the embodiment of the mutual will of the parties involved, the labor union and the employer, although the normative regulations of it are applicable to all the employees employed at the employer. The aim of my research is to examine the contractual features of the CBAs, especially concerning their validity/invalidity, existence/non-existence to elaborate the case law of the Hungarian courts, and to draw consequences, how the contractual rules of the Labor Code and the Civil Code of Hungary shall be interpreted.
BALOGH, ÁRON PÉTER
The Definition of Working Time in Certain EU Member States' Labour Law with Special Regards to...
Directive, EU law, stand-by, travelling time, working time
The article compares the legal definition of working time in Hungary, Slovenia, Estonia, Slovakia, Czechia, and Poland with Directive 2003/88/EC. It identifies compliance problems concerning standby duty, travelling time, workplace availability, and the calculation of maximum weekly working time.
FODOR, T. GÁBOR
Binding Effect of CJEU Judgments
Binding effect, Court of Justice of the European Union, judgment, preliminary ruling
The fundamental mission of the Court of Justice of the European Union is to ensure that ‘in the interpretation and application of the Treaties the law is observed’. As such the Court decides in various types of proceedings – mainly in preliminary reference procedure, infringement procedure and review of legality of legislative measures. These proceedings pursue different aims and as a result of that, the binding effect of judgments given in these proceedings is different. The aim of the presentation would be to analyse the binding effect that these judgments have on member states’ courts. The focus will predominantly be made on the preliminary rulings concerning interpretation of European Union law.
PALKOVSKÁ, IVA
Current issue
