The Individual and the Environment: the New Hungarian Civil Code

Outlined the recent growth trend as a collective human rights and in particular in the field of freedom of expression. The analysis of the international legal understanding of individual and collective human rights and the implementation of these rights in the context of freedom of expressionin this article. New subjects of collective rights in the contemporary globalized society are determined.It has been analyzed the nature of the contradictions that arise between individual and collective rights in the process of ensuring and protecting freedom of expression and the possible ways of expression. Key words : individual rights, collective rights, human rights, freedom of expression.

Although collective cultural rights are included in international human rights law, their place and their nature and significance are not well-explored or understood. This chapter aims to classify collective cultural rights in international human rights instruments and to explore how these rights fit in the general framework of international human rights law. In much of the debate on collective rights, cultural rights are used as examples, because cultural rights are rights that clearly demand a collective approach. This chapter provides various examples of legal provisions in international human rights instruments that can be classified as collective cultural rights to show the different forms these rights may take. Collective cultural rights in international human rights law are challenged by different contentious (legal) issues. For instance, there is a lack of clarity concerning the object and the subject of collective rights and the possible tension between collective rights and individual rights. The inclusion of collective cultural rights in international human rights law reaffirms the importance of collective (cultural) interests and collective subjects, but does not provide clear answers to all these issues. The two central components of collective cultural rights, namely ‘community’ and ‘culture’, remain difficult to define. Moreover, they are not static notions, which makes their translation into substantive rights to be invoked and enjoyed by individuals and communities a complex matter.

In the Serbian literature the issue of the overlap between contractual and liability in tort has been thoroughly discussed. The majority of references state that the differences between the two regimes of liability outweigh their common features, thus separate sets of rules should exist governing each. There are authors who claim that differences are not of such significance so as make the integral concept of liability for damage senseless, hence they support the idea of regulating both regimes of liability by a single set of rules. The effective Obligations Act of 1978 is in line with the majority opinion, since it envisages different sets of rules for each regime of liability. Taking into account the existing duality of the rules in the Act, which significantly differ on major points, the key issue is the overlap of contractual and tortious liability, namely rules of which system of liability should apply if the injured party may base their claim on both (so-called concurrency of claims). Lacking an explicit rule in the Obligations Act, the majority asserts that the regime more favorable to the injured party should apply, which corresponds to the German solution. The inspiration for this paper is found in the new Hungarian Civil Code from 2013 which, in contrast to its predecessor, the 1959 Civil Code, and the Serbian Obligations Act, contains an explicit rule on the concurrency of claims in contract and tort. It prescribes a mandatory application of the rules of contractual liability even when the inflicted damage supports the application of the rules of the liability in tort. Such an approach is in line with the French non-cumul doctrine. The aim of this paper is, on the one hand, to initiate a discussion whether it would be reasonable to have a statutory rule in the Serbian law regulating explicitly the issue of concurrency of claims in contract and tort. On the other hand, the paper highlights the reasons that led the legislator in Hungary to prohibit the concurrency of claims. The solution of the new Turkish Code of Obligations from 2011 is mentioned in the paper, as well, which also contains an explicit rule on this subject matter. However, it took a diametrically opposite standpoint as the Hungarian Civil Code: it explicitly enables competing claims not only in contract and tort, but according to any set of rules granting redress to the injured party. Finally, the paper gives a review of the Project of the Reform of the French Code Civil concerning the rules of the liability for damage from 2017. The Project envisaged a rule that would codify the traditional standpoint of the case law and doctrine on the exclusion of the concurrence of claims and mandates the application of the rules on contractual liability. The Project specifies, however, some major exceptions, when regardless of the existence of a contract between the parties, the rules of tortious liability apply. For the time being, however, it seems that a genuine will of the legislature is lacking to embody the Project in the amendments of the Code civil.

In the light of topical discussions on the need to broaden the legal standing approach in order to fulfil the requirements of the Aarhus Convention, and thus to facilitate enforcement of environmental law, this article is aimed at discussing the most extensive approach to legal standing (often referred to as an actio popularis or open standing). The main focus of the discussion is on Article 9(3) of the Convention, also known as the “enforcement provision,” which is claimed to be one of the most challenging provisions with respect to its implementation. Since its adoption there are calls requiring to implement Article 9(3) through an actio popularis ; however, there are not so many examples in the EU where such an approach to legal standing has been introduced. This article explores how it has been developed through the legislation and court practice in Latvia, addressing also some pros and cons. The most extensive approach to legal standing is analysed in the context of today's challenges to ensure better enforcement of environmental law, where open standing can be one (if small) response to these challenges. KEYWORDS Aarhus Convention; actio popularis ; legal standing INTRODUCTION Environmental protection currently has a prominent place on the international political agenda, with environmental concerns having received special attention since the 1970s. The first global United Nations Conference on the Human Environment in Stockholm in 1972 is often singled out as an important turning point. An impressive amount of environmental legislation has since been adopted; however, scarcity of resources and environmental degradation both pose difficult dilemmas today just as they did in the 1970s. It seems to be true that the situation has even worsened as serious additional environmental challenges have emerged. It is fair to note that “there are some important success stories” in the field of environmental protection; at the same time, “more greenhouse gases than ever are put into the atmosphere, biological diversity is rapidly declining and fish stocks in the oceans are dwindling.” As there are “more than 500 international treaties and agreements that relate to the environment,” it is clear that the challenges primarily lie in the implementation and enforcement of already existing commitments and legislation. Without any doubt, there could be different legal mechanisms and solutions for implementing the requirements needed to ensure environmental protection.

Whose Jury: Mediating Between the Competing Individual and Collective Jury Rights

Pál SÁRY of all the substantive and procedural rules that gained authority through judicial application, even without formal legislative sanction. The work's prologue defines basic concepts such as justice, law, jurisprudence, judging, etc., using many Roman legal ideas. The first part deals mainly with noble private law, but the nobility's cardinal privileges are also included here. The second part contains the rules for nobles' litigation. The third part details town and serf law, as well as Transylvanians' special law. The courts began applying the Tripartitum, and it became mandatory in practice, despite the fact that the king had not promulgated it as law. It was soon translated into Hungarian and Croatian. Werbőczy's work had a decisive effect on legal life for several centuries. In Czechoslovakia, the Tripartitum was a source of civil substantive law until 1950, when the first Czechoslovak civil code entered into force. In addition to the Tripartitum, other collections of customary law, which were also compiled in the region, are also worth mentioning. The law code of Poljica is the most important historical source for the Republic of Poljica, which was an autonomous community in central Dalmatia (near modern day Omiš, Croatia). Its provisions, which were written in different times, contain norms of constitutional, criminal, civil, and procedural law and describe the social and economic relations of Poljica in the 15 th through 18 th centuries. The research on the customary law had an eminent representative in the humanist jurist Viktorin Kornel of Všehrd, who compiled an outstanding law book around 1500. His Knihy devatery (Nine books on the laws, courts, and tables of the Bohemian country) describes the Bohemian court organization and procedure, and also presents the rules of private law and partly of criminal law. The Korektura Taszyckiego of 1532 can be highlighted among the collections of Polish customary law. In most cases, town laws were based on legal customs that German settlers had brought from abroad, which they could continue to use under royal privileges. Towns that were founded subsequently often took over older towns' laws, creating 'town law families.' In this system, the law court of the 'mother-town' became an appellate court for the 'daughter-towns.' We can get a detailed picture of legal life in medieval and early modern towns based on their law books. Some significant town law books from the East Central European region are the focus of the fifth chapter of our textbook, which was written by Jakub Razim and Lenka Šmídová Malárová. The mid-14 th -century law book of Brno (or the law book of Jan the notary) was compiled for sworn men and magistrates, who were responsible for exercising judicial authority. This Latin compilation of municipal law and practice with court decisions is systematized by subject and divided into alphabetically arranged sections. The book's author, who worked as a notary in the Brno town office between 1342 and 1358, also applied Roman law, especially where local rules were absent. Use of the Brno law book spread quickly in Moravia and Bohemia, where it was abbreviated by Jan of Gelnhausen. The author of the Buda law book (Ofen Stadtrechtsbuch) was probably Johannes Siebenlindner, a juror at the Buda (Germ. Ofen) town court and later a town judge, Pál SÁRY the Habsburg rulers of Hungary and Croatia were also Czech kings. Between 1569 and 1795, the Polish-Lithuanian Commonwealth was one of the largest and most populous countries in Europe. This real union ended in 1795, when its territory was divided between Russia, Prussia, and Austria. Hungary's situation within the Habsburg empire changed several times. The Austro-Hungarian Compromise of 1867 reorganized the Habsburg monarchy as a dualistic real union. The Croatian-Hungarian Settlement of 1868 governed Croatia's political status as a territory of Hungary. In 1908, Austria-Hungary annexed Bosnia and Herzegovina. The First World War ended with the disintegration of Austria-Hungary. The Kingdom of Hungary suffered a huge territorial loss. The kingdom of the Serbs, Croatians, and Slovenians was created, and Romania was reorganized, acquiring vast territories. The independent country of Czechoslovakia (the First Czechoslovak Republic) was formed by the unification of the Czech, Slovak, and Carpatho-Ruthenian territories. The Second Polish Republic was established. However, this situation did not last long. The region was gradually reorganized through a series of decisions taken by the great powers (e.g., the Munich Agreement, the First and Second Vienna Awards, and the Molotov-Ribbentrop Pact). After the Second World War, the political conditions and state borders changed again, and the region's countries became part of the Soviet bloc. Between 1949 and 1991, economic cooperation between the socialist countries took place within the framework of the Council for Mutual Economic Assistance (Comecon). In 1955, the Warsaw Pact established the military organization of countries belonging to the Soviet sphere of interest, which operated until 1991. Based on this treaty, Soviet military troops could be stationed in socialist countries. The fall of communism and the disintegration of the Soviet Union brought about a significant change in the region's political and international relations. Most European private law systems today are codified, but there are also noncodified systems (in the common law system, for example, private law is not codified). The seventh chapter of our textbook, written by Emőd Veress, provides us with a history and comparative analysis of private law codifications in the East Central European region. The region's private law codes were mostly influenced by the French (Napoleonic) Civil Code of 1804, the ABGB of 1811, and the German Bürgerliches Gesetzbuch (BGB), which entered into force in 1900. For example, the Serbian civil code of 1844 was strongly influenced by both the Austrian and French codes, the Romanian civil code of 1864 was inspired primarily by the French code, and in the case of the Polish code of 1964, the effects of the German, Austrian, and French codes can all be demonstrated. The intensity of model following varied for each code. Our region is generally characterized by a dualistic solution, i.e., civil law in the narrower sense and commercial law are regulated by separate codes. However, there are also examples of the application of the monistic principle; the new Romanian civil code (Act 287 of 2009) and the new Hungarian civil code (Act V of 2013) switched to monistic regulation, breaking with the dualistic system (the latter code discusses the substantive rules of commercial companies among legal persons). The last chapter of our book, authored by Ewa Kozerska, analyzes the legal situation of the churches in the period between 1945 and 1989 in relation to Czechoslovakia, the German Democratic Republic, Hungary, and Poland. Although the socialist constitutions declared freedom of religion, in reality, the holders of political power did everything to spread the atheistic worldview and suppress religious life. Church properties were confiscated, church schools were nationalized, religious education was abolished, and monastic orders and religious associations were dissolved. The activities of the churches were significantly restricted and placed under strict state supervision. The holding of clerical positions (mainly episcopal appointments) was subject to a state license. Catholic priests were forced to join movements loyal to political power, the papal envoys were expelled, and contact with the Vatican was hindered. Resisting priests and monks were imprisoned, and show trials were often held for political purposes. Secret service agents prepared detailed reports on all manifestations of religious life. Churchgoers suffered many disadvantages. Religious life thus took place in an atmosphere of constant fear. It is no coincidence that Karol Wojtiła emphasized these words in his first Mass after his election as Pope: "Do not be afraid." The activities of the Holy Pope, who showed direction and gave spiritual strength, contributed significantly to the political changes of 1989. This textbook is the fruit of successful international cooperation. The creator and director of this joint work was my dear colleague, head of the Ferenc Mádl Institute of Comparative Law, János Ede Szilágyi, to whom I am very grateful for his principled guidance. I received useful advice from Emőd Veress in defining specific topics, for which I am also grateful. Of course, I am very grateful to the authors of the chapters for participating in our joint project and doing careful, high-quality work. Thanks are also due to the reviewers for their helpful comments. Historical maps are very important for studying legal history. The fourteen maps in our textbook are the work of Zsombor Bartos-Elekes, who, as a cartographer, also commented on the maps and compiled a list of the names of the cities on them. Special thanks to him for his precise work. We hope that our textbook will enrich many students with knowledge. It is our sincere hope that by studying the history of law, our readers become better suited to practice their chosen profession.

Protest in Progress/Progress in Protest

The new Hungarian Civil Code also modernizes the non-contractual liability law in several aspects. Even if the so-called general clause of non-contractual liability reamains unchanged, its contstitutive elements are regulated in detail in the new Civil Code. The new Code also introduces some new provisions with regard to liability for dameges caused by a person of lack of discretionary power. The objektive of this survey is to present these changes and to examine its possible impacts on judicial practice.

The core of this study is directed towards an analysis of the laws, rules and guidelines that embody legal aid provision in present day Nigeria. This study will employ a socio-legal approach to investigate the root causes of Nigeria’s limited legal aid scheme. It will also focus on the relationship between law and society and will employ appropriate empirical research methods for an in-depth understanding of significant causal factors that influence legal aid provision in Nigeria. These factors will include an examination of Nigerian legal institutions, legal processes, and legal behaviour,1 particularly how legal institutions and legal processes affect individuals and how they are perceived by ordinary citizens and potential recipients of legal aid. This research considers the potential for other sources of law, and other legal institutions, such as customary legal systems, to be used as an additional, credible way to access, develop and expand legal aid provision in Nigeria. \nThis study adopts two qualitative techniques: semi-structured telephone interviews and self-administered questionnaires, which were completed and returned via email. The request for respondents was launched on social media. In total, fifteen respondents partook in the study: twelve via self-administered questionnaires and three via telephone interviews. The inquiry was focused on a people’s perspective, the respondents were a variety of ages above 18, and evenly distributed by gender. They were spread across North Central, South West, South East and South South geopolitical zones of Nigeria. Therefore, they are not representative of all the regions in Nigeria; for this reason, the study was not able to capture all ethnic groups and their customary practices. However, within the 15 observations, coverage was obtained from ethnic groups that represent the Yoruba, Igbo, Delta and Kogi regions. Some of the participants were recruited through a snowball sampling strategy by primary participants. Data was analysed, and preliminary codes were established using in vivo coding procedure to categorise findings and generate key themes that could help address the research question and objectives driving the study. Hence, six key themes were uncovered. \nThe findings of the study reveal the various perspectives on the matter of legal aid and of customary legal practice, including the prospect of expanding the scheme through customary legal systems. The research also highlighted the limited scope of legal aid and the importance of custom and tradition in the daily activities of individuals who are bound by them. It also uncovered the need to develop customary legal systems to further support and protect the rights of individuals that are embedded in their customary practices. This study presents an original contribution to knowledge on access to alternative legal institutions for the protection of legal rights via legal aid. The findings of this thesis also contribute to socio-legal studies, which are not well represented in Nigerian legal research.\n

The new Constitution and the new Act are changing the status of the Hungarian Constitutional Court by developing the Hungarian constitutional tradition, creating better collaboration between the Constitutional Court and the ordinary judiciary, and establishing an effective instrument for the protection of individual human rights. But the pattern of the Parliament reacting to the rulings of the Constitutional Court with constitutional amendments reduces the competences of the Constitutional Court. It is to be hoped that this process is coming to an end, because otherwise the achievement of the “paradoxical revolution of law” is endangered.Due to the former extensive competences in terms of law review and its limited influence on ordinary jurisdiction, the status of the Constitutional Court caused problems. Because of the abstract nature of the procedures, the distance from the ordinary judiciary, and the power dilemma between the Constitutional Court and the Parliament respectively, the Government decided the main stream of its ruling up to 2012.Now there are some important changes, especially the introduction of a widespread constitutional complaint. The abolition of the actio popularis is justified. The relationships between the state organs seem to be better clarified and adjusted. The European clause of the 1949/1989 Constitution, which was largely retained in the Fundamental Law, contains a fundamental concept, which is that the European Union is founded on strong sovereign Member States. On the other hand, the Fundamental Law strengthens Hungary's ties to Europe by making these an integral part of that law. As the Constitutional Court had not yet really applied the European Clause, it now has the opportunity to put these two concepts into practice and make them mutually compatible by enforcing them at a high level.The discussions concerning the newest constitutional developments in Hungary mainly have their origin in the power struggle between the constituent majority of the Parliament and the Constitutional Court. It is not clear, however, how long this conflict will continue to be a matter falling solely within the national sovereignty of Hungary. Due to the parliamentary super-majority of the governing parties, the Constitutional Court is losing its power. Hungary is a unitary state; it is an open question whether there is any substitution needed to balance the power of the governing parties. Nevertheless, in spite of the substantial restrictions on reviewing the constitutionality of financial laws and the several amendments of the new Constitution, the Constitutional Court still plays a role in safeguarding democratic checks and balances. Indeed, it can have a positive impact on the European integration of Hungary. It has been granted new competences to guarantee constitutional unity within the Hungarian legal system and to complete the enforcement of individual rights. The Constitutional Court should make better use of its new granted competence to remedy any possible grievance entirely.

The article discusses in detail the concept of sustainable development in international law, its legal status, and the right to live in a healthy environment. The article emphasizes the main principles of this concept, including justice, human rights, and the protection of ecosystems. In the first part, the history of sustainable development and the necessity of international cooperation are presented. Starting from the Stockholm Conference, the importance of the Brundtland Report and the Rio Declaration is explained. In the following sections, the right to sustainable development and the right to live in a healthy environment are evaluated within the framework of human rights. At the end of the article, the importance of the right to a healthy environment as an individual and collective human right is emphasized. Eliminating the existing legal gaps around the world is essential to fully ensure the right to live in a healthy environment. Ensuring this right is not only related to the protection of the environment, but is also closely connected with the guarantee of people's social and economic rights and equality. Also, it is important to further strengthen the approach of human rights organizations and international courts to these issues and to enhance the control over the fulfillment of relevant obligations by states. In general, the article highlights the importance of strengthening the legal framework for sustainable development and ensuring environmental justice. Keywords: sustainable development, international law, human rights, healthy environment, climate change, social justice, UN Sustainable Development Goals (SDGs).

This chapter takes forward the debate by considering the impact of narratives of personhood on the design and operation of collective rights. It is argued that our failure to incorporate collective experience into our understandings of the worker/person seriously limits our ability to promote (collective) justice for workers. Section 2 engages with the distinction between individualism on the one hand and collectivism on the other. It is argued in this section that these elements have tended to become severed from each other, and that this has been to the detriment of both collective and individual rights. Section 3 discusses traditional collectivist approaches and their relationship to the law. Section 4 deals with the position of collective rights on the individualist/collectivist divide. The chapter ends with a reflection on the value of attempting to erode the individualist/collectivist distinction identified in the chapter, by more completely engaging with collective or relational views of personhood.

Over the last thirty years, collective rights to organize into unions, bargain collectively and strike have been weakened in both New Zealand and the UK. At the same time, individual rights to due process and to protection from discriminatory or unjust management decisions have been strengthened, leading some to conclude that collective and individual rights are unrelated, incompatible or mutually exclusive. On the contrary, we use evidence of employer compliance with anti‐age provisions in the New Zealand Human Rights Act to show that the two sets of rights can be highly complementary: the presence of unions strengthens individual protection from discriminatory treatment.

1. Indians by choice?: traditional societies, indigenous rights movements, and the state in post-Zapatista southern Mexico 2. A tale of two movements: the salience of indigenous rights in Chiapas 1994 but not in Oaxaca 2006 3. Agrarian tenure institutions, conflict frames, and communitarian identities in indigenous southern Mexico 4. Agrarian conflicts, armed rebellion, and the individual versus collective rights tension in Chiapas' Lacandon jungle 5. Individual rights and communal elections in Oaxaca, Mexico: a challenge to multiculturalism and women's rights 6. From balaclavas to baseball caps: wearing many hats in the exercise of 'real world' identities 7. Reconciling individual rights, communal rights, and autonomy institutions: broader lessons from Chiapas and the 'Oaxaca experiment'.

Purpose: This research examines the relationship between human rights and environmental protection in the context of Indonesia's legal system. Theoretical Reference: It refers to Indonesia's legal system and the 1945 Constitution to understand the regulation and implementation of human rights and environmental protection. Method: The study employs the normative law method with philosophical and analytical approaches. Results and Conclusion: Indonesia's constitution guarantees the right of every individual to a good and healthy environment; the enforcement and safety of these rights often face various challenges. The challenges include the imbalance between economic goals and environmental protection, weak law enforcement, and a need for more understanding of Human Rights and public participation in environmental issues. Implications of Research: Through a deeper understanding of the relationship between human rights and environmental protection, it is expected that Indonesia's legal system can be more effective in ensuring a sustainable and habitable environment for all its citizens. Originality/Value: This article suggests the importance of enhancing the integration of human rights and environmental protection within the framework of the Constitution and daily practices.Additionally, increasing awareness and compliance among all parties with existing regulations is highly necessary. Hopefully, these efforts will support achieving sustainable development goals in Indonesia, which encompass human rights and a healthy environment.