Vol. 4, No. 1, 2017  download_icon.webp

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

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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

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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

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The Natural Law in the Czech Civil Code


Natural rights, the system of private law, civil law, moral rights, sources of law, legal principles

The article is about the anchoring of the natural law and natural rights in the new Civil Code, Law no. 89/2012 Coll., Civil Code and presents a general overview of the importance and existence of natural rights today. Czech legislature's intention stated very briefly, what is the role of the new mooring natural rights of man, a broader context, it must be interpreted in accordance with current legal theories.

MUŠÁLKOVÁ, MARTINA

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