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Hungarian Yearbook of International Law and European Law

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Issue 1, 2015
Editorial

Access_open Editor’s Note
Authors Réka Varga and Petra Lea Láncos

Réka Varga

Petra Lea Láncos
In Memoriam

Access_open Árpád Passed Away … Personal Thoughts on a Quiet But Efficient Hungarian International Lawyer – in Memoriam Árpád Prandler (1930-2014)
Authors Péter Kovács
Author's information

Péter Kovács
Judge, International Criminal Court; Professor, Péter Pázmány Catholic University.
Article

Access_open The Development of the International Human Rights Law with Specific Regard to the European Human Rights System
Authors Elisabeth Kardos Kaponyi
Author's information

Elisabeth Kardos Kaponyi
Professor, Corvinus University of Budapest.
Article

Access_open The European Court of Human Rights and Social Rights – Emerging Trends in Jurisprudence?
Authors Christina Binder and Thomas Schobesberger
Author's information

Christina Binder
Professor of International Law at the University of Vienna.

Thomas Schobesberger
Research Assistant in International Law at the University of Vienna.
Article

Access_open The Comparative Approach of the European Court of Human Rights – Shared Criticism with the United States Supreme Court
Authors Lucrezia Palandri
Author's information

Lucrezia Palandri
Ph.D. in Comparative Law at the University of Florence, Italy.
Article

Access_open Individual Complaints within the Field of Economic, Social and Cultural Rights – Pro and Contra Arguments
Authors Gábor Kecskés
Author's information

Gábor Kecskés
Research fellow, Hungarian Academy of Sciences Centre for Social Sciences, Institute for Legal Studies; senior lecturer, Széchenyi István University (Hungary), PhD. (Széchenyi István University, Hungary).
Article

Access_open Article 27 of the ICCPR in Practice, with Special Regard to the Protection of the Roma Minority
Authors Anikó Szalai
Author's information

Anikó Szalai
Senior lecturer of International Law at the University of Szeged, Hungary.
Article

Access_open When Environmental Protection Meets Human Rights – In the Wake of the Prestige
Authors Aniko Raisz and Eszter Lilla Seres
Author's information

Aniko Raisz
Associate professor, International Law Department, Faculty of Law and Political Sciences, University of Miskolc.

Eszter Lilla Seres
Student, Faculty of Law and Political Sciences, University of Miskolc.
Article

Access_open The UN Watercourses Convention, with Special Regard to the Environmental Provisions
Authors Ágnes Bujdos
Author's information

Ágnes Bujdos
PhD candidate at the University of Debrecen Géza Marton Doctoral School of Legal Studies.
Article

Access_open ICTY and Provisional Release: The Case of Vojislav Šešelj
Authors Snežana Trifunovska
Author's information

Snežana Trifunovska
Associate Professor, Radboud University, Law Faculty.
Article

Access_open Biszku-Case Reloaded: International Law Obligations and Lacuna in Compliance with Respect to Communist Crimes
Authors Réka Varga
Author's information

Réka Varga
PhD, senior lecturer, Pázmány Péter Catholic University, Department of Public International Law; international law advisor to the Hungarian Red Cross; former legal advisor of the International Committee of the Red Cross (ICRC).
Article

Access_open World War I and the Appearance of Aerial Warfare: A Lacuna in the Texture of International Law?
Authors Zsuzsanna Csapó
Author's information

Zsuzsanna Csapó
PhD, senior lecturer, National University of Public Service, Faculty of International and European Studies, Department of International Law.
Article

Access_open A Five-Step Legal Assessment in the Joint Targeting Process – An Overview
Authors Károly Végh
Author's information

Károly Végh
LL.M (Groningen), Legal officer, Hungarian Defence Forces and PhD student at University of Debrecen, Faculty of Law.
Article

Access_open Experiences in the Application of NCRS Compatible National Crisis Response Measures’ System in Connection with the Ukrainian Crisis
Authors László Keszely
Author's information

László Keszely
Hungarian Ministry of Defence, Defence Administration Office.
Article

Access_open The Case of X.Y. v. Hungary – A Judgment of the European Court of Human Rights on Pre-Trial Detention
Authors Eszter Kirs and Balázs M. Tóth
Author's information

Eszter Kirs
PhD, Legal officer at the Hungarian Helsinki Committee. Adjunct professor of the Department of International Law at the University of Miskolc. Member of a defence team at the UN International Criminal Tribunal for the former Yugoslavia.

Balázs M. Tóth
PhD, Head of the Law Enforcement and Human Rights Programme at the Hungarian Helsinki Committee. Assistant professor of the Department of Legal Theory and Sociology at University of Miskolc (2008-2013).
Article

Access_open The Right to Liberty and Security in Practice – Focusing on Application No. 43888/08 and the Latest Case Law of the ECHR
Authors Ádám Békés
Author's information

Ádám Békés
Ádám Békés, Ph.D., is senior lecturer of the Péter Pázmány Catholic University Faculty of Law and Political Sciences Criminal Law Department since 2006. Collaterally he also holds a practice as a lawyer, his legal office mainly dealing with criminal, international and commercial law cases was grounded in 2004. He is member of the Hungarian Criminal Law Association since 2007. Moreover at the same time in 2004 he graduated as economist from the Corvinus University Budapest. He carries out some researches relating to the European criminal law.
Article

Access_open Crimean Secession in International Law
Authors William R. Slomanson
Author's information

William R. Slomanson
Professor of Law, Thomas Jefferson School of Law (USA); Visiting Professor, Pristina University (Kosovo).
Article

Access_open Koskenniemi and the International Legal Argument as Founded in the Law’s Ontology
Authors Csaba Varga
Author's information

Csaba Varga
Professor Emeritus at the Pázmány Péter Catholic University Institute for Legal Philosophy & Research Professor Emeritus at the Institute for Legal Studies of the Hungarian Academy of Sciences.
Article

Access_open Rethinking the Dualism of Regionalism vs. Universalism in the Light of the Sub-Saharan Experience with the Regulation of Foreign Investments
Authors Francesco Seatzu and Paolo Vargiu
Author's information

Francesco Seatzu
Professor of International and EU Law, University of Cagliari, Italy.

Paolo Vargiu
Lecturer, University of Leicester, United Kingdom.
Article

Access_open How Global Constitutionalism Is Related to Domestic Constitutional Conflicts?
Authors Ielyzaveta Lvova
Author's information

Ielyzaveta Lvova
PHD in law, Docent, Associate professor at National Academy of Public Administration under the President of Ukraine, Odessa, Ukraine. 2015 Award of Max Planck Institute for Comparative Public Law and International Law, Heidelberg, Germany.
Article

Access_open The Definition of the Right to Privacy in the United States of America and Europe
Authors Veronika Szeghalmi
Author's information

Veronika Szeghalmi
Media specialist, Institute for Media Studies of the Media Council of the National Media and Infocommunications Authority.
Article

Access_open The Use of Drones for Cross-Border Law Enforcement and Military Purposes in Another State’s Sovereign Airspace: A Legal Analysis
Authors Martha Bradley and Annelize Nienaber
Author's information

Martha Bradley
Academic Associate as the Department of Public Law, University of Pretoria, South Africa.

Annelize Nienaber
Professor at the Department of Public Law, University of Pretoria, South Africa.
Article

Access_open The Concept of Autonomy of EU Law from the Comparative Perspective of International Law and the Legal Systems of Member States
Authors Tamás Molnár
Author's information

Tamás Molnár
Adjunct professor, Corvinus University of Budapest, Institute of International Studies.
Article

Access_open The Concept of Legal Aid in the Most Recent Case Law of ECJ
Authors Ágnes Váradi
Author's information

Ágnes Váradi
PhD, research fellow, Hungarian Academy of Sciences, Centre for Social Sciences Institute for Legal Studies.
Article

Access_open Banking Union: Why Opting Out Is a Viable Alternative
Authors Péter Fáykiss, Dániel Papp and Anikó Szombati
Author's information

Péter Fáykiss
Péter Fáykiss is the Head of the Macro-prudential policy department at the Magyar Nemzeti Bank (MNB), the central bank of Hungary. He graduated at Corvinus University of Budapest in 2009. After graduation, he joined MNB, where he worked as analyst at the Financial Stability Department. Between 2013 and 2014 he worked as Deputy Head of Financial Services Department at the Ministry for National Economy, and was responsible inter alia for the implementation of CRD IV in Hungary.

Dániel Papp
Dr. Daniel Papp is member of the Macro-prudential policy department at the Magyar Nemzeti Bank as a legal advisor. He graduated at ELTE law school in 2012. After having supervisory experience at the former Hungarian Financial Supervisory Authority, he was enrolled at LUND University for a postgraduate law course, called European Business Law (LL.M.). He made extensive research on the forming European supervisory framework, since his master thesis was about the Single Supervisory Mechanism and the Assessment of Hungary’s Possible Approach.

Anikó Szombati
Anikó Szombati leads the Macroprudential Directorate of Magyar Nemzeti Bank, the central bank of Hungary. This Directorate is responsible for the fulfillment of tasks originating from the Central Bank Act recognizing MNB as the macro-prudential authority of Hungary. The macro-prudential authority’s major task is to identify and mitigate system-wide risks in the financial intermediary system. The Directorate also contributes to the formulation of central bank opinion in major structural issues related to the financial sector developed either at EU or at the country level.
Article

Access_open Victims’ Rights Developments in the EU
Authors Petra Bárd and Andrea Borbíró
Author's information

Petra Bárd
Researcher at and Head of the Criminal Law Division, National Institute of Criminology, Hungary (NIC), Lecturer, Central European University, Budapest and Assistant Professor, ELTE School of Law, Budapest.

Andrea Borbíró
Assistant Professor, ELTE School of Law, Budapest.
Article

Access_open Linguistic Diversity Meets the Free Movement of Workers: The Las Case
Authors Petra Lea Láncos
Author's information

Petra Lea Láncos
Senior lecturer, Pázmány Péter Catholic University, Faculty of Law.
Article

Access_open The Most Important Developments in Common Foreign and Security Policy Since 2004 from Hungarian Perspective
Authors Károly Grúber and Csaba Törő
Author's information

Károly Grúber
Ambassador, Hungarian Ministry of Foreign Affairs and Trade, Reader, Széchényi István University, Győr. The author took up his duties as the head of the Foreign and Security Policy Office in the Permanent Representation of Hungary to the European Union in Brussels on 1 October 2010. He witnessed and took part in the establishment of the European External Action Service.

Csaba Törő
Associate professor, Faculty of Law, Karoli Gaspar University of the Reformed Church of Hungary, Budapest.
Article

Access_open The Practical Application of Restraining Orders
Authors Erzsébet Tamási and Orsolya Bolyky
Author's information

Erzsébet Tamási
Senior researcher at Crime Research & Analysis Division of National Institute of Criminology and professor at Pázmány Péter Catholic University, Law and Political Sciences.

Orsolya Bolyky
Researcher at Division of Criminal Law Sciences of National Institute of Criminology and PhD student at Pázmány Péter Catholic University, Law and Political Sciences.
Article

Access_open Hungarian Experiences and Regulations Regarding the Recovery of State Aid That Are Incompatible with the Internal Market
Authors Péter Staviczky
Author's information

Péter Staviczky
Colleague of the Hungarian Permanent Representation to the European Union.
Article

Access_open The Constitutional Court’s Decision on the Compatibility of the Hungarian Statelessness Determination Procedure with International Law
Authors Tamás Molnár
Author's information

Tamás Molnár
Adjunct professor, Corvinus University of Budapest, Institute of International Studies.
Article

Access_open Whose Burden Is It Actually?

The Implementation and Application of the EU Rules on the ‘Burden of Proof’ in Employment Discrimination Cases in Hungarian Law
Authors Márton Leó Zaccaria
Author's information

Márton Leó Zaccaria
Adjunct professor, Corvinus University of Budapest, Institute of International Studies.
Book Review

Access_open Vanda Lamm: Compulsory Jurisdiction in International Law
Authors Gábor Kardos
Author's information

Gábor Kardos
Professor, ELTE Faculty of Law, International Law Department.
Book Review

Access_open How to Put an End to Impunity in International Criminal Law? – Jurisdiction of the ICC
Authors Nikolett Papp
Author's information

Nikolett Papp
PhD student, University of Debrecen, Géza Marton Doctoral School of Legal Studies.
Book Review

Access_open Review of the Monograph on Nationality in Relation to the Succession of States
Authors Adrienn Becánics
Author's information

Adrienn Becánics
Assistant Lecturer, University of Debrecen, Faculty of Law.
Book Review

Access_open Review of the Monograph on ‘The Effect of Armed Conflicts on International Treaties’
Authors Zsófia Eszter Kémeri
Author's information

Zsófia Eszter Kémeri
PhD student, University of Debrecen, Géza Marton Doctoral School of Legal Studies.
Book Review

Access_open A Review of the Monograph on the Challenges of Domestic Prosecution of War Crimes with Special Attention to Criminal Justice Guarantees
Authors Zsuzsanna Miszti-Blasiusné Szabó
Author's information

Zsuzsanna Miszti-Blasiusné Szabó
Junior lecturer, Faculty of Law, University of Debrecen.
Book Review

Access_open About the Monograph on Language Policy and Linguistic Diversity in the European Union
Authors Sándor Szemesi
Author's information

Sándor Szemesi
Associate Professor of Law, University of Debrecen, Faculty of Law.