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1
Petr, Michal. "The Scope of the Implementation of the Damages Directive in CEE States." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 13–29. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.1.
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The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of a dominant position, provided such conduct was able to affect trade between EU Member States. However, Member States are not limited by this scope and so they may decide, when implementing the Directive, to enhance not only claims for damages, but the overall private enforcement of competition law. In this article, we shall explore the scope of the implementing legislation of selected Central and Eastern European Countries, namely in Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia.
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Kornai, J. "Some comments on reforming the system of health insurance in Hungary." Acta Oeconomica 58, no. 3 (September 1, 2008): 239–61. http://dx.doi.org/10.1556/aoecon.58.2008.3.1.
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Transforming the system of health insurance was on the reform agenda of the Hungarian government in 2007. Two alternative approaches were presented: to maintain the old state-owned single-payer scheme, or to introduce a multi-payer scheme based on the competition of private insurance companies. Finally a compromise was accepted. According to the draft legislation several insurance companies would enter, each of them based on a blend of public and private ownership.The paper presents a critique of this compromise scheme, discussing the advantages and shortcomings of various alternative approaches. It argues against mechanical, universal and too rapid changes, and advocates caution, experimentation and gradual changes.In spite of the warnings the law on health insurance reform was first accepted by the Hungarian Parliament, and then, a few months later, it was withdrawn.
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Réger, Ákos, and András M. Horváth. "Abuse of Dominance in the Case-law of the Hungarian Competition Authority – a Historical Overview." Yearbook of Antitrust and Regulatory Studies 12, no. 21 (2020): 99–128. http://dx.doi.org/10.7172/1689-9024.yars.2020.13.21.4.
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This paper provides a historical overview of the case-law and practices applied by the Hungarian Competition Authority (HCA) in abuse of dominance cases. The paper is co-written by practitioners of complementing antitrust fields, which ensures that both legal and economic considerations are explored. The paper identifies the unique characteristics of Hungarian legislation and case-law and critically evaluates them in light of EU competition law and economics principles. We analyse (i) the reasons for the high number of exploitative cases before 2010, (ii) the general principles applied by the HCA in exclusionary cases, (iii) the cost allocation assessments in dominance cases, and (iv) the issue of significant market power of retailers. The general starting point is that, judging by the number of dominance investigations, there is less antitrust enforcement by the HCA in recent years. However, the article concludes that less enforcement does not mean weaker enforcement. In fact, the quality of dominance cases, considering both legal and economic aspects, has increased over time. This tendency has also led to higher legal certainty in Hungary, which is beneficial for market players. Stronger criticism is only formulated against the concept of significant market power of retailers.
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Fodor, László. "Umweltschutzrecht in Ungarn." osteuropa recht 67, no. 3 (2021): 276–97. http://dx.doi.org/10.5771/0030-6444-2021-3-276.
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Until 1990, Hungary’s environmental legislation had been broadly incomprehensive. Since then, several laws and judicial decisions were passed, and scholarly literature on this topic exists in abundance. However, as yet, there is no exhaustive evaluation of the development of the legal and legislative development of the country’s environmental law of the past thirty years. This article provides a historical overview of Hungary’s environmental law, followed by an outline of the developments of the 1990 s; it then presents Hungary’s post-millenial environmental law, shedding light on the first decade. The next chapter covers Hungary’s environmental law after 2010, which was a turning point in the country’s environmental policies, associated with the FIDESZ party’s accession to power and several controversial environmental policies. The article concludes that environmental law cannot be observed separately, but must always be reviewed in conjunction with, and in the context of, changes in the entire legal system and the political changes taking place in a country at large. Despite EU approximation of environmental law, there are still cases of Hungarian environmental law contradicting European domestic market fundamental freedoms and competition law.
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Rakhmanova, Ekaterina N., Miklós Tihanyi, and Mátyás Szabolcs. "The legal and organizational basis of ensuring safety of sports activities in Hungary." Vestnik of Saint Petersburg University. Law 13, no. 3 (2022): 759–70. http://dx.doi.org/10.21638/spbu14.2022.311.
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Manifestations of hooliganism, vandalism, extremism, and even terrorist acts during sports events are not a new phenomenon in Europe. The safety of sporting events is one of the priorities of any modern state. Moreover, the government is entrusted both with legislative and organizational tasks. Two reasons can be identified, why it is necessary to protect sporting events against violations of public order and attacks on public safety. On the one hand, even when law enforcement agencies professionally use all the legislative instruments at their disposal, an unlawful encroachment may be committed, which may threaten the holding of a sporting event, the safety of the person and property both of athletes and of spectators. On the other hand, the failure to criminalize these actions means that law enforcement agencies are not endowed with sufficient powers to take appropriate measures in such situations. Depending on the violation of public safety or public order, criminal, administrative or disciplinary laws will apply. The difference in the need to apply a law or regulation, as well as to impose sanctions and prohibitions on offenders, can be seen only in the level of protection corresponding to the danger of violations. The safety of sporting events is historically believed to be the primary task of law enforcement agencies, however, the responsibility of sports federations and clubs in ensuring safety in time, before and after the competition should not be overlooked.
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Várhegyi, Éva. "Bank Competition in Hungary." Acta Oeconomica 54, no. 4 (December 1, 2004): 403–24. http://dx.doi.org/10.1556/aoecon.54.2004.4.1.
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The Hungarian banking system underwent significant transformation during the last ten years. The early opening of the market, the fairly liberal legislation and the privatisation strategy preferring professional investors brought many foreign banks into the country. Due to the entry of capital-abundant banks, former monopolistic positions eroded rapidly, concentration decreased and the size distribution of the banking system became more even. Beginning from the mid-90s, the effects of cross-border competition also began to show up, especially in corporate markets, where foreign credits became more and more dominant. Do these factors imply that the Hungarian banking sector can be characterised by features of a competitive market?
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Sándor, Tamás. "Take-Over Legislation in Hungary." Acta Juridica Hungarica 43, no. 1-2 (October 2002): 91–117. http://dx.doi.org/10.1556/ajur.43.2002.1-2.5.
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Kurimay, Tamás, and János Vizi. "Mental health law in Hungary." International Psychiatry 10, no. 3 (August 2013): 63–64. http://dx.doi.org/10.1192/s174936760000388x.
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Varul, Paul. "Dear reader,." Juridica International 30 (October 13, 2021): 1–2. http://dx.doi.org/10.12697/ji.2021.30.00.
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This is the thirtieth issue of Juridica International. The first was published back in 1996, and, in general, one issue has been published each year since then. While 2007, 2008, 2014, and 2017 saw the publication of two issues each, no year has failed to feature. Though serving as a journal of the University of Tartu, Juridica International is also the only peer-reviewed legal journal published in Estonia to enjoy broad international distribution. Thus, for 26 years, it has been the calling card of Estonian jurisprudence on the world stage. However, it has been more than that. The involvement of foreign authors is just as important as the aim of providing Estonian authors with an opportunity to participate in international scientific discussion. There is every reason to be proud of the fact that the journal’s 30 issues have featured authors from 25 other countries: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Georgia, Germany, United Kingdom, Hungary, Italy, Kazakhstan, Latvia, Lithuania, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Sweden, Ukraine, and the USA. Among the authors are many who are in the uppermost echelon of the world’s leading professors in their field. In its first years, one of the main goals for Juridica International was to introduce and analyse the legal reforms carried out in Estonia, which were of vital interest to foreign readers as well; however, this has not been the case for a long time now. Today, the primary focus is on participation in international legal discussion, wherein, alongside the development of national law, great emphasis is placed on European Union law and other cross-border regulation whose reach extends between countries. That said, the purpose of introducing the development of Estonian law and legal thinking at international level has not been discarded. After all, Estonia is still highly noteworthy as a country of successful reforms, not least legal reforms. Therefore, a matter of ongoing interest is whether this country, which has succeeded so well with groundbreaking reforms, can be as successful in a stable situation across the board. The range of topics covered in the 30 issues of Juridica International is very wide; no important area of law has been neglected, and listing all of them would take too long. What could be highlighted above all are topics related to European Union law and the Constitution of Estonia, but also crucial are the writings on many issues related to aspects of the law of obligations, property law, company law, penal law, competition law, personal data protection, media law, medical law, international law, and several other fields. Significant attention has been paid to the possibilities for harmonisation of law and mutual interactions, both between countries and between distinct branches of law. Likewise, the writings have considered key general issues of law, such as its interpretation, the effect of justice policy on legislative drafting, and the protection of the fundamental rights and freedoms of individuals. The ability to publish a journal – and a reason to do so – exists only if readers are interested in that journal. What makes me the happiest is that, over the years, readers’ interest has increased and the geographical area within which people read Juridica International has grown. Most certainly, the fact that for quite some time the journal has been available online has contributed to this. A big ‘thank you’ to all of the readers! I also want to thank every one of the authors, the members of the editorial board, and my colleagues who have made it possible to publish 30 quality issues of Juridica International. I especially wish to highlight the contribution of the foreign members of the editorial board – professors Christian von Bar, Werner Krawietz (1933–2019), Erik Nerep, and Thomas Wilhelmsson – whose participation in the board’s work has played an important role in securing the solid international reputation of the journal. I hope for continued enthusiasm on the writers’ part and interest among readers for the next 30 issues!
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Gáva, Krisztián, and András Téglási. "The Role of the Branches of Powers in Law-Making in Hungary." Przegląd Prawa Konstytucyjnego 67, no. 3 (June 30, 2022): 293–305. http://dx.doi.org/10.15804/ppk.2022.03.22.
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In Hungary legislative power rests with the National Assembly. According to the Fundamental Law of Hungary the authority to pass legislation is vested in the National Assembly, the supreme body of popular representation. This paper gives a general overview of the role of the branches of powers in law-making in Hungary. We introduce the role of the legislative power in law-making, the role of the executive power, the role of the judicial power in law-making, and finally the role of the President of the Republic in legislation.
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Gula, József. "Criminal legal regulations on cartels in Hungary." European Integration Studies 17, no. 1 (2021): 106–16. http://dx.doi.org/10.46941/2021.se1.106-116.
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The present paper examines the system of legal means against unfair competition, with special regards to the means of criminal law and the characteristics of the criminal legal protection. The evaluation of the regulation is based on the provisions in force pertaining to the agreement in restraint of competition in public procurement and concession procedure, the emergence, and the correspondence of the rules of competition law and criminal law.
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Sluijs, Jasper P. "Evidence-Based Legislation in EU Competition Law." European Journal of Law Reform 24, no. 1 (August 2022): 85–103. http://dx.doi.org/10.5553/ejlr/138723702022024001006.
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Savoia, Remo. "Hungarian Environmental Law and Biodiversity Protection." European Energy and Environmental Law Review 9, Issue 6 (June 1, 2000): 182–86. http://dx.doi.org/10.54648/275546.
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A review of the state of the law on biodiversity protection in Hungary. Current ecological conditions. Early measures, going back to 1961, embracing a number of surprisingly modern principles. The recent legislation, on general environmental protection rules; nature conservation; the protection of forests; the regulation of hunting and the protection of wild fauna, and on genetic technology. The principles underlying the Hungarian legislation. Relationship with EU biodiversity strategy and the process of harmonisation.
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Prugberger, Tamás, and Róbert Román. "Labour Law Protection of Executive Employees in Hungary and Western Europe." European Integration Studies 17, no. 2 (2021): 83–91. http://dx.doi.org/10.46941/2021.e2.83-91.
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This article examines a specific chapter of the Hungarian Labour Code, the regulation on executive employees. The study is comparative in nature and aims to reveal the difference between the old and the new legislation. It compares changes in past and current legislation and presents the solutions used in Western European labour law to achieve the most optimal regulation of the executive status. The study also looks at what solutions, should be adopted in the field of management regulation and what would be the tasks of the legislation that would bring about the updating of labour law provisions. Such a problem does not arise in the Western European legal literature, as in countries following the unique works council system this is prevented by the legal disclosure of the hierarchical chain of executive employees, and in dual systems the dual composition of works councils, where one side is occupied by members elected by subordinate employees from among their own circle, while the other side is provided by the upper level of executive employees by delegation from the employer.
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Banović, Božidar M., Vince Vari, and Dragana S. Čvorović. "DETENTION IN THE CRIMINAL PROCEDURE LEGISLATION OF HUNGARY." Strani pravni život 66, no. 4 (January 26, 2023): 431–49. http://dx.doi.org/10.56461/spz_22405kj.
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The paper presents the situation of detention in Hungary. The legal institution of detention is the deprivation of personal liberty without a final court decision, i.e., a final decision. The Hungarian Criminal Procedure Act, which entered into force on 1 July 2018, aims to renew the practice of detention. According to the new regulation, detention can be applied only if the intended purpose of the proceedings cannot be ensured by less coercive measures (criminal supervision, bail). The paper describes the legal reasons for the detention, the statistics, and the previous problems in the case law that characterized the legal institution.
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Hoffmann, Tamás, and Fruzsina Gárdos-Orosz. "Populism and Law in Hungary – Introduction to the Special Issue." Review of Central and East European Law 47, no. 1 (March 8, 2022): 1–11. http://dx.doi.org/10.1163/15730352-bja10058.
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Abstract Populism is a nebulous concept that has almost as many definitions as scholars engaging with the concept that has a paradoxical relationship with law. On the one hand, populist politicians generally oppose the liberal ideal of separating politics and law, i.e. accepting that legal rules should limit political power, claiming that it would impede the expression of the popular will, yet they use legal regulation as their most important instrument to implement their policies. The chameleonic nature of populism and its instrumentalist approach to law presents a special challenge for lawyers that try to assess its impact on the domestic legal system. Populist legislation, after all, is seemingly indistinguishable from legislation adopted under non-populist regimes as populist regimes always claim to strictly adhere to formal procedural requirements and often justify the dramatic overhaul of previous rules invoking foreign examples. Hungary is a perfect litmus test for the examination of legal changes under populist leaders, because in 2010 the right-wing Fidesz-Kdnp party coalition won two-thirds majority in Parliament – a self-described “revolution in the voting booths” -, which gave it the power to completely overhaul the Hungarian legal system, even changing the constitution. In the past 10 years, virtually every significant branch of Hungarian law was recodified, adopting inter alia new criminal, civil, administrative and labor codes. The authors of this special issue attempted to analyze some of the most pertinent changes, in the field of constitutional law, adjudication, tax law, labor law, criminal regulation and asylum legislation.
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Olivares-Caminal, Rodrigo. "Competition Law and Financial Crisis." Business Law Review 34, Issue 1 (February 1, 2013): 13–23. http://dx.doi.org/10.54648/bula2013003.
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Competition legislation contemplates certain exceptions to its main aim of promoting and ensuring competition by curtailing anticompetitive behaviour. These exceptions are rare and when allowed are usually for the benefit of consumers. The aim of this article is to provide a legal analysis of the exceptions to competition law and policy, particularly in the context of a financial crisis. An analysis on how legal restrictions can be slackened for greater benefit - which implies setting aside long-standing principles of law - is provided. Of particular interest is the bank merger activity during periods of financial distress, which can be seen as an example of a more lenient approach towards competition policy.
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KARMAZA, О. О. "INHERITANCE IN THE INTERNATIONAL PRIVATE LAW: LEGISLATION OF UKRAINE AND HUNGARY." Scientific Journal of Public and Private Law, no. 1 (2020): 42–46. http://dx.doi.org/10.32844/2618-1258.2020.1.8.
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Serdiuk, O., and I. Petrova. "Antimonopoly Legislation of Ukraine: Problems and Prospects." Economic Herald of the Donbas, no. 4 (66) (2021): 5–10. http://dx.doi.org/10.12958/1817-3772-2021-4(66)-5-10.
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The article analyzes the state of development of institutions aimed at curbing destructive competition in Ukraine. Quantitative and qualitative indicators characterizing the level of destructive competition in Ukraine are analyzed. It was found that there is a tendency to reduce the total number of violations of legislation on protection of economic competition for 2014-2020. Among the most common violations of destructive competition are abuse of monopoly, anti-competitive actions, anticompetitive concerted actions and unfair competition. The analysis of the regulation of destructive competition shows that Ukraine's antimonopoly law needs further development, despite the positive feedback from leading EU and USA lawyers. It was revealed that the new stage of development of institutional support to overcome destructive competition requires improvement of antitrust legislation and the practice of its law enforcement. The directions of improvement of institutes of restraint of destructive competition in Ukraine according to the best international experience, and also essential increase of efficiency of activity of antimonopoly bodies at the expense of functional and structural delimitation of powers of Antimonopoly committee of Ukraine with use of cross-control are offered.
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Hoffman, István. "Challenges of the Implementation of the European Charter of Local Self-Government in the Hungarian Legislation." Lex localis - Journal of Local Self-Government 16, no. 4 (October 23, 2018): 929–38. http://dx.doi.org/10.4335/16.4.929-938(2018).
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The article reviews the changing approach on the nature of local governance in Hungary. During the Democratic Transition the evolvement of the Hungarian municipal system was based on the paradigm and approach of the European Charter of Local Government. Thus one of the most autonomous local government system of Europe evolved in Hungary. Although the municipal reforms were basically successful, several dysfunctional phenomena could be observed and the request for the municipal reforms was strong from the late 1990s in Hungary. The new constitution of Hungary, the Fundamental Law introduced a new model. The approach of the local governance has been transformed: the autonomy of the municipalities have been limited. Thus the autonomous nature of the Hungarian model changed and new challenges have appeared in the field of the implementation of the regulation of the Charter.
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Cseres, Katalin J. "The Implementation of the ECN+ Directive in Hungary and Lessons Beyond." Yearbook of Antitrust and Regulatory Studies 12, no. 19 (2019): 55–90. http://dx.doi.org/10.7172/1689-9024.yars.2019.12.20.2.
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In order to facilitate national competition authorities (NCAs) in their application of EU competition rules, the EU legislator adopted Directive 2019/1/EU. The Directive’s aim is to empower the competition authorities of the Member States to be more effective enforcers of competition law and to ensure the proper functioning of the internal market. The so-called ECN+ Directive introduces minimum harmonisation rules allowing competition authorities to have common investigative, decision-making (notably fining decisions) and enforcement powers. The Directive, furthermore, sets minimum safeguards for the NCAs’ independence, accountability and resources as well as harmonizes leniency programmes including the coordination of national leniency programmes with each other and with that of the European Commission. This paper critically analyzes the legal and policy developments that paved the way for the adoption of this Directive. Moreover, it examines the changes the implementation of the Directive is likely to generate in current Hungarian law and policy of competition protection. The focus of the paper’s assessment is on the institutional aspects of the Directive and the enforcement of Articles 101 and 102 TFEU, in particular the mechanisms for ensuring independence and accountability of the NCAs. Through the assessment of the Hungarian implementation, the paper aims to shed light on a broader context of the Directive and the enforcement of EU competition law in EU Member States. The paper shows that the implementation of the Directive may fail to translate into (more) effective enforcement without an effective institutional capacity on the side of the NCAs, and in the broader legal and constitutional context of competition law and its multilevel enforcement
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Lorenz, Moritz. "Guarding the Pass?The Forthcoming Chinese Competition Legislation." World Competition 30, Issue 1 (March 1, 2007): 137–52. http://dx.doi.org/10.54648/woco2007007.
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Competition legislation is soon to be enacted in the People’s Republic of China. It will cover the three ’’classic’’ pillars of competition law: prohibition of anti-competitive horizontal or vertical agreements, prohibition of the abuse of a dominant market position and merger control. The new law will considerably alter the legal landscape for the business operations of domestic and foreign undertakings in China. In addition, it is another milestone on the way to the transformation of the structure of the Chinese economy from a planned economy to a market economy. In the following article, the core areas of the new provisions are discussed and comparisons drawn with EU competition law. This article has been shortlisted for the 2nd World Competition Young Writer’s Award.
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Tallodi, Zoltan. "Hungary – Changes Effected in the 2004-2005 Hungarian Legislation on Public Law." European Public Law 12, Issue 4 (December 1, 2006): 515–19. http://dx.doi.org/10.54648/euro2006034.
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Sibanda Sr., Omphemetse S. "Public Interest Considerations In The South African Anti-Dumping And Competition Law, Policy, And Practice." International Business & Economics Research Journal (IBER) 14, no. 5 (August 24, 2015): 735. http://dx.doi.org/10.19030/iber.v14i5.9376.
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The paper addresses the delicate issue of public interest considerations when determining anti-dumping, competition, and investment measures to balance it with the interest of other interested parties in South Africa. It is particularly argued that the South African anti-dumping legislation must be amended as to clearly mandate the consideration of public interest when imposing an anti-dumping (or safeguard measure). Also, it is argued that the foreign direct investment regime must take into account policy considerations such as black economic empowerment in the public interest. The South Africas competition legislation will be used as an example of the level of convergence that may be achieved having regard to the non-competition factors incorporated in the legislation and potential or perceived difficulties in reconciling a competition analysis with a public interest analysis.
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Menabdishvili, Solomon. "Merger Control in Georgia – National Legislation and Case Law Review." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 181–94. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.8.
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Georgia has amended its Law on Competition in 2014 in order to fulfil its obligations set out by the Association Agreement with the European Union. Despite further approximations of its laws with those of the EU, some serious flaws remain. Merging parties are obliged to submit a prior notification to the Competition Agency of Georgia if their total turnover exceeds 20 million Georgian lari (GEL) or if the value of their assets exceeds 10 million GEL (7,692,307 EUR). One of the most interesting aspects of the Georgian merger control system rests in what the Competition Agency is authorised to do in case of a failure to fulfil the notification duty. This paper will discuss Georgian rules on concentrations as well as two of its recent merger cases.
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Molchanov, A. V. "Development of legal institute of the auction within the competitive right." Russian competition law and economy, no. 1 (March 30, 2019): 18–23. http://dx.doi.org/10.32686/2542-0259-2019-1-18-23.
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Regulation of relations connected with the organization and holding of tenders exclu- sively by the norms of civil law and civil legislation is impossible, since the issues of ensuring competition are of a public nature, aimed at ensuring public interest, which is the basis of the constitutional system of our state, and therefore require public legal regulation. Taking into account the importance of tenders for ensuring competition, it is more effective to develop both the legal institution of tenders in the sphere of complex branch of competition law and the legislation on tenders, as its external manifestation, in the sphere of antimonopoly legislation.
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Petr, Michal. "To what extent might (and should) the competition law apply to public authorities?" Institutiones Administrationis 2, no. 1 (July 22, 2022): 67–84. http://dx.doi.org/10.54201/iajas.v2i1.38.
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Even though public authorities, in particular the Government and the municipalities, may dis-turb effective competition by their exercise of public powers, competition law does not apply to them, except for the specific and limited circumstances when it can be used in connection with other Treaty provisions. This article first explores the limits of applicability of EU competition law on public authorities; it concludes that even though EU competition law as such does not provide protection against the conduct of public authorities that distorts competition, its scope should not be expanded. The aim of competition law is to limit market power, not official au-thority. Instead, after discussing the legislation of selected countries from Central Europe, it is put forward that specific domestic legislation, applied by competition authorities, may provide an effective remedy to this problem. As comparative research of these issues has been rather limited so far, further elaboration of this topic is recommended.
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Armour, J. "Who Should Make Corporate Law? EC Legislation versus Regulatory Competition." Current Legal Problems 58, no. 1 (January 1, 2005): 369–413. http://dx.doi.org/10.1093/clp/58.1.369.
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Ivan, Dragoș Lucian, and Teodor Manea. "The impact of the clash between the CJEU Case Law concerning rule of law and the Constitutional Court in Romania on the criminal legislation, investigation and fight against corruption." Rocznik Administracji Publicznej 8 (December 30, 2022): 255–64. http://dx.doi.org/10.4467/24497800rap.22.014.16790.
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This scientific research shall explore the recent jurisprudence of the Court of Justice of the EU on the rule of law regarding Poland, Hungary and Romania. We shall strive to identify the nexus between the ground-breaking judgments and the prospects for criminal legislation and criminal investigation by analysing the arguments of the parties and the reasoning of the courts. We believe that judgements in the cases of Poland, Hungary and Romania represent the Court of Justice’s incrementalist response to a perceived process of rule of law backsliding which was perceived as a threat to EU values at the community level and as a threat to the ability of the justice system to prevent corruption at the national level. Backsliding is believed to first emerged in Hungary before spreading to Poland, but serious cases were already existing in Romania.
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Kovács, Kriszta, and Gábor Attila Tóth. "Hungary's Constitutional Transformation." European Constitutional Law Review 7, no. 2 (June 2011): 183–203. http://dx.doi.org/10.1017/s1574019611200038.
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Hungary – Democratic state structure – Two-thirds parliamentary majority – First flurry of constitutional amendments of 2010 – Checks and balances – Media – Ex post facto legislation – Hungarian Constitutional Court – Judicial review – Wholesale constitutional review and Basic Law of 2011
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Koch, Hans-Joachim, and Moritz Reese. "Public Waste Management Services in the Internal Market – and the Interpretation of Article 106 TFEU." Journal for European Environmental & Planning Law 8, no. 1 (2011): 23–45. http://dx.doi.org/10.1163/187601011x559709.
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AbstractA matter of current dispute in the German waste-management sector is the extent to which it is permissible under EU law to restrict the market for the recovery of household waste in favour of public providers of disposal services, as is common practice in many member states. This dispute raises fundamental questions as to the relationship between the public provision of services of general interest and European competition and so concerns, in particular, the relevant rules under Article 106 TFEU. In adopting this article, the parties to the Treaty have—as will be shown below—reserved considerable freedom to exempt public services of general interest from competition and the free movement of goods. Whilst their freedom to do so may be limited under secondary legislation providing for an EU-wide competition solution, such legislation must take the form of a targeted liberalisation measure which also lays down the accompanying rules needed to guarantee a universal, reliable and affordable provision of services. The secondary EU waste legislation does not meet this requirement.
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Danilovskaia, Anna. "Criminal-legal protection of competition in the United States." Юридические исследования, no. 2 (February 2020): 30–43. http://dx.doi.org/10.25136/2409-7136.2020.2.32254.
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The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.
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Leakey, Liambela Muyunda, and Mubiana Mubiana. "Consumer contracts under the Zambian Law: Does the legislation Provide Adequate Consumer Protection." International Journal of Research and Innovation in Social Science 06, no. 04 (2022): 179–96. http://dx.doi.org/10.47772/ijriss.2022.6413.
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Owing to the shift of the Zambian economy from a countrywide manipulative economic system to a free market economy, there has been neediness for the government to efficiently regulate the economic system to promote honest opposition and client safety. To achieve this, need the authorities enacted the Competition and Fair-Trading Act of 1994 which geared toward regulating anti-competitive practices and customer exploitations within the marketplace. Following some of the changes that have taken area within the Zambian financial system, Parliament enacted the Competition and Consumer Protection Act of 2010 which incorporates diverse revolutionary provisions which might be supposed to address modem financial demands inside the Zambian economic system. This paper focuses on establishing whether Consumer contracts under the Zambian Law if it Provides adequate Consumer Protection by evaluating its effectiveness within the selling and law of sincere competition, patron safety and financial increase in Zambia. It verifies whether the Competition and Consumer Protection Act has effectively and efficiently addressed winning social and financial desires of Zambia’s monetary expedient. The findings were that Competition and Consumer Protection Act become enacted with numerous progressive provisions which were probably presupposed to cope with modem monetary conditions in Zambia. Through those upgrades, the Competition and Consumer Protection Act has quite addressed triumphing monetary desires in the Zambian economic operations. However, despite enhancing the Law, the legislation has not Provided Adequate Consumer Protection as evident by the increasing number of cases being recorded in Zambia regarding consumer protection.
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Böszörményi, Tamás, Eszter Horváth, Tibor Kövér, and Krisztina Orphanides. "Sources of Legal Information in Hungary: Part 1." Legal Information Management 6, no. 1 (March 2006): 38–48. http://dx.doi.org/10.1017/s1472669606000090.
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Following an introduction to the Hungarian legal system, highlighting some of the main events of the history of the Hungarian state and Hungarian law and reviewing the system of Hungarian legislation, this article provides sources of legal information in Hungary, including the most important acts, reference books, legal periodicals and sources of legal information in printed and electronic form and on the internet. It has been contributed by Tamás Böszörményi, Eszter Horváth, Tibor Kövér and Krisztina Orphanides.
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Imarhiagbe, Miriam. "Right to Repair in EU Competition Law." Nordic Journal of European Law 5, no. 1 (August 31, 2022): 166–72. http://dx.doi.org/10.36969/njel.v5i1.24505.
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The Right to Repair-movement focuses on a fairly simple goal: an increase of sustainability through a consumer’s right to repair a good instead of disposing it and buying a replacement. However, this thought has yet to be comprehensively anchored in European legislation. In US law, for example, the Right to Repair movement has already achieved some developments in copyright law and even is pursuing its goals in antitrust. These measures frequently revolve around the automotive industry (especially regarding agricultural vehicles) as well as the electronic aftermarket. In contrast, EU law has – despite ambitiously efforts for sustainability goals – not given the right to repair the most prominent place in its environmentally-friendly toolbox yet. Still, the Right to Repair has left some marks in the EU and its traces can be found in the current legal framework – even in competition law.
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Jokovic, Slavica. "Bid Rigging Analysis and Relevant Provisions in the Serbian Legislation." World Competition 42, Issue 2 (June 1, 2019): 237–51. http://dx.doi.org/10.54648/woco2019015.
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The article reviews the main characteristics of bid rigging in public procurement regarding some forms, objectives and consequences, as well as various features of the industry, products and services that tend to facilitate collusion in public tenders. This article also describes the most common indicators of bid rigging in order to detect and prevent anticompetitive collusion. For the purpose of this analysis, the common definition of bid rigging and some practical examples are included in order to elaborate effective measures for its detection and prevention. Taking into consideration that certain public procurement rules may support bid rigging by lessening competition, this article gives an overview of the Law on Public Procurement in Serbia. It outlines relevant provisions that should boost competition and stimulate participation of potential bidders in the public procurement process. Some incentives concerning participation of small and medium enterprises in public procurement are examined, as well as certain new provisions aimed at increasing transparency, promoting integrity and preventing corruption in public procurement. This article also emphasizes the role of the Commission for Protection of Competition in fighting against bid rigging in public procurement. It includes examination based on legislative framework and empirical data of the Commission for Protection of Competition, that performs the activities in accordance with the Law on Protection of Competition. Some examples of bid rigging cases in Serbia are examined, as well. Finally, concluding remarks and recommendations are included.
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Arnold, Iván. "European Air Traffic Management from a New Perspective: Competition Concerns in the Single European Sky." Air and Space Law 43, Issue 3 (May 1, 2018): 319–55. http://dx.doi.org/10.54648/aila2018021.
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This article attempts to assess the Single European Sky (SES) from a competition policy and competition law perspective. While air traffic management (ATM) has been viewed as a traditional and firm example of the exercise of public powers, as a result of technological developments, sectoral EU legislation and the relevant activities of the European Commission, this assessment may no longer be valid and certainly needs to be reconsidered. The European ATM scene is in dynamic change, inspired by EU policies and driven by legislative acts. While a recent report of the European Court of Auditors highlights several problematic aspects of the SES, new European and global markets of ATM services emerge, traditional state functions are earmarked for privatization, powerful industrial partnerships try to shape future markets, public functions are subjected to industry governance and the whole sector is increasingly at risk of technological disruption by tech firms such as Google and Facebook, interested in developing automatized solutions for the separation of drones and possibly traditional ATM. At least some of these new developments may be relevant from the competition perspective. It will be argued that competition policy and competition law are not only relevant to the ATM sector, but they need to be considered when making political and business decisions and adopting new legislation. Focussing on the most relevant sectoral developments, including provisions of the reinvented SES 2 sectoral legislative proposal of the European Commission, the article will argue that overlooking competition policy and competition law in the digital SES may lead to anti-competitive consequences in the reorganized ATM sector.
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Kravtseniouk, T. "Merger regulation in Central and Eastern Europe: Evidence from Hungary, Romania and Slovenia." Acta Oeconomica 52, no. 3 (September 2002): 327–45. http://dx.doi.org/10.1556/aoecon.52.2002.3.3.
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This paper shows the principal features of merger control in selected transition economies of Central and Eastern Europe (CEE), namely Hungary, Romania and Slovenia, by applying case study methodology. The presented findings are based on the analysis of Hungarian, Romanian and Slovenian competition law and merger rulings reached by the Competition Offices of these countries. A substantial part of the conclusions is drawn from a sample of 42 merger applications processed by the Office of Economic Competition of Hungary between 1994 and 2000. The results of empirical analysis demonstrate the considerable flexibility of merger control in the studied countries, its orientation towards the future of domestic markets and a close link with industrial policy. The paper also highlights the areas of interdependence of competition policy and transition and argues that merger control in the studied CEE countries may be regarded as currently adequate to the requirements imposed by transition.
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Yu, Lu Ming, and Yongyeh Ngalim Elizabeth. "A Comparative Study of China's Competition Law and Cameroon's Competition Law; With Specific Regards to Challenges in the Implementation of Competition Law in China and Cameroon." Journal of Politics and Law 15, no. 1 (November 26, 2021): 34. http://dx.doi.org/10.5539/jpl.v15n1p34.
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This study aims to investigate and compare the competition laws of Cameroon and China, with a focus on the limitations and constraints of competition law implementation in Cameroon and China. By comparing the Competition Laws of China and Cameroon, the research intends to determine whether there are any limits in the implementation of Competition Law in Cameroon and China. To examine and get results for the research’s many goals and objectives, this study uses qualitative data analysis. Competition legislation has had a considerable impact on China's economy in recent years, and it will eventually have an impact on trade policies that are directly tied to the international market. During our research, we discovered that competition law regulations have an impact on national and international trade in each country. And we realized that Cameroon's competitiveness policies are in some ways behind the times in the twenty-first century.
As a result, there is a growing need to look into the divergence between China's competition law and Cameroon's competition law in order to assist Cameroonian competition law authorities in updating and making structural changes to Cameroon's competition legislation. These revisions will improve Cameroon's national and international trade policies, but they will have a substantial influence on the country's current economy. There may be some takeaways for China's competitive law policymakers as well. There is no academic work of this kind after a vast range of research, and this will be a wonderful opportunity to introduce creative work to this academic sector. The Anti-Monopoly Law of China has greatly evolved in the past years and there has been amendments and structural adjustments in the past years, which is very great, because Competition Law plays a great role in the economic progress of each country. As a result, the purpose of this study is to identify any obstacles to the implementation of Cameroon's Competition Law (Law No.98/013 of 14 July 1998) and China's Anti-Monopoly Law (2008).
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Deasy, Geoffrey. "European Union Competition Law Developments in the Aviation Sector: January to June 2016." Air and Space Law 41, Issue 6 (November 1, 2016): 517–44. http://dx.doi.org/10.54648/aila2016039.
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The first half of 2016 continues to highlight the significant impact of competition law in the aviation sector. This article summarises the main competition law developments over the past six months and then provides the reader with greater detail of each of these developments. The European Commission (hereinafter ‘Commission’) has cleared a number of mergers, and taken several State aid decisions. It has also not appealed the Court of Justice’s decision annulling its air cargo decisions, which potentially paves the way for it to take a new decision addressing the deficiencies (after having provided the relevant parties the opportunity to respond to the Commission’s concerns). In addition, the National Competition Authorities in Greece, Hungary, Sweden and the UK have all been involved in mergers and/or behavioural cases in the aviation sector. The UK’s Civil Aviation Authority (which has concurrent competition powers with the UK’s competition authority) has also published a working paper on significant UK and European Union cases having an impact on airport operation services, including in relation to access to facilities and charging for services.
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Herasymchuk, Yelyzaveta. "Analysis of the Experience of EU and USA in the Context of Improvement of the Ukrainian Legislation on Protection Against Unfair Competition in the Sphere of Intellectual Property." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 52–59. http://dx.doi.org/10.33731/42022.265859.
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Keywords: legislation, legal regulation, unfair competition, intellectual property,remedies, European Union
Currently, violations of intellectual property rights are widespread through the prism of distortion of economiccompetition in the market. Objects of intellectual property, such as trademarks and trade secrets, are a tool for some business entities to obtain illegal profits at the expense of the reputation of other business entities. Precisely for this reason businessentities pay attention to monitoring and preventing possible violations of their intellectual property rights on the market, and this, in turn, requires the use of effective ways of protection. That it is important to improve the legislation of Ukraine on protection against unfair competition and development of new means of combating such violations.Having analysed the system of EU legislation, it can be concluded that the regulation of protection against unfair competition at the level of the EU is still more of a framework, and requires clarifying, as well as the provision of specific liability measuresand institutional mechanisms of ensuring and control at the level of legislation of specific EU member states.In the USA on the federal level there is no special legislative act on unfair competition, but the relevant rules are part of the general antitrust legislation. From this point of view, the respective legislation of Ukraine significantly differs by availabilityof the special Law. However, in Ukraine the rules on unfair competition are also to some extent subordinated to the general rules of economic competition protection in general. Unlike Ukrainian legislation, US legislation determines an exhaustive list ofactions that constitute unfair competition and distinguishes them into unfair actions and unfair practices depending on their recurrence.
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Blažo, Ondrej. "Directive on Antitrust Damages Actions and Current Changes of Slovak Competition and Civil Law." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 259–72. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.12.
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Slovak competition law enforcement can be characterized by infrequency of leniency applications and near absence of private enforcement. As a result, the adoption of the Damages D irective is not likely to cause substantial breakthrough in Slovakia, be it with respect to the rate of leniency applications or in private enforcement. A comprehensive amendment of Slovak competition law took place in 2014. Changes introduced therein reflected, among other things, the practice of the European Commission regarding access to its file. A new approach was also introduced towards damages claims submitted against leniency applicants. The paper will first consider the question whether it is necessary to further redesign these new Slovak rules because of the adoption of the Damages Directive, or if they have been successfully pre-harmonized. Along with changes to Slovak competition law, procedural rules for civil courts were also re-codified. Hence the second part of this analysis will focus on the question if a new civil procedure framework, including obligatory harmonization, could foster private enforcement of competition law. Summarizing the resulting answers, the third question focuses on who could benefit from further changes to Slovak legislation – final consumers or enterprises that are involved in the production chain. Finally, will changes in Slovak legislation driven by the Directive be coherent with its overall legal system, or will they appear to be an odd and peculiar piece of legislation?
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Korhecz, Tamas. "Regulatory activities of the European Union and other states in the international community: The tripartite relationship in the field of private international law." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 106–16. http://dx.doi.org/10.5937/gakv0404106k.
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The subject of the study above, is the relation between the legislation, the normative system of the European Union and European and other states, with or without membership in European Union, especially in the field of international private law. The author, as visiting professor of International Private Law Faculty of law in Szeged, Hungary, with his short presentation of some legal institutes of international private law, comparing the legislation and the case law of the European Unions and European Court and international private law in general with signed and ratified Conventions, Agreements and Contracts of European and non European states, with and without membership in European Union, trying to make conclusions and to point out the problem of the hierarchy of this law in its application.
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Zagainov, V. V., and E. V. Kuznetsov. "The Term “Unfair competition” from the Position of Private and Public Legal Relations." Siberian Law Herald 2022.1 (2022): 50–56. http://dx.doi.org/10.26516/2071-8136.2022.1.50.
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The existing regulatory definition of unfair competition in Russian legislation, enshrined in the Law on Protection of Competition, in practical implementation should be interpreted taking into account the current norms of national antimonopoly legislation. The analyzed scope of competence of the Russian antimonopoly authority, represented by the current antimonopoly service, indicates that this subject of law reacts to the identified cases of unfair competition, only in the form of the implementation of state authority. The Antimonopoly Service, wedging itself into the sphere of often-legal relations, simply does not take into account the will of an economic entity that has been or may be harmed and (or) harm its business reputation. In addition, the study found that the legal theory does not fully regulate the legal significance, role and economically justified aisles of state intervention in the regulation of relations arising from the manifestation of facts of unfair competition. The conclusion is given about the prevailing public relations actually existing in the sphere under study, in the implementation of which, private law forms of dispute resolution are often the result of the emergence of public legal relations, the mandatory party of which is the antimonopoly authority representing the interests of the state. The results of the study make a conclusion that allows us to make a proposal to the current antimonopoly legislation and eliminate the existing contradiction of the concept of “unfair competition” with the actual legal relations arising, according to the facts, between business entities and state bodies, thereby leveling to identify a legal conflict between civil law relations and the implemented administrative and criminal liability provided for by Russian legislation in the area in question.
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Holman, Christopher M. "Congress Considering Legislation Aimed at Increasing Competition in Pharmaceuticals." Biotechnology Law Report 38, no. 3 (June 2019): 144–53. http://dx.doi.org/10.1089/blr.2019.29125.cmh.
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Zagainov, V. V., and E. V. Kuznetsov. "On the Need to Improve the Concept of "Unfair Competition"." Siberian Law Herald 4, no. 91 (2020): 41–48. http://dx.doi.org/10.26516/2071-8136.2020.4.41.
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The main legally significant features of the legal concept of “unfair competition”are considered. It is one of the forms of abuse of law, which is expressed in the illegal behavior of the subject of market relations, which by means of forms of implementation of its subjective right that are not permitted by law or contraryto business customs, creates obstacles in the exercise of its competitors ‘ business rights and (or) harms consumers. There is no consumer figure in the definition of unfair competition. If the damage is caused to them, their rights are protected by consumer legislation. Currently, there is no unified concept of “unfair competition”. In legal science and legislation, there are definitions of unfair competition, but having a common meaning, their interpretations differ significantly, generating, in turn, not only disputes in the ranks of the scientific community, but also having a significant impact on law enforcement practice. The integrity of an economic entity is manifested primarily in its lawful behavior, but when implementing civil rights in the field of competition, law enforcement officers must understand the essence and take into account each feature contained in the above concept, since, otherwise, mistakes may be made in the implementation of rights, obligations and prohibitions in the field of competitive relations in the market of goods and services. At the same time, attention is drawn to the imperfection of the legal concept, which leads to a narrowing of the scope of relations arising in the course of violation of competition rules. The latter is a circumstance that reduces the effectiveness of competition protection in the Russian Federation. In order to eliminate the identified gaps, it is proposed to make a number of changes to the competition protection legislation.
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Tatarinova, S. S. "PECULIARITIES OF DEVELOPMENT OF LEGISLATION ABOUT THE PROTECTION OF COMPETITIVENESS IN FRANCE." Juridical Analytical Journal 15, no. 1 (November 8, 2021): 10–14. http://dx.doi.org/10.18287/1810-4088-2020-15-1-10-14.
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The article considers the specifics of occurrence and the basic stages of development of the legislation on protection of competition in France. The author reveals the impact of socio-economic and political aspects in the formation of antitrust policy. France, as a state member of the European Union, subject to the rules of supranational law, the analysis of which is paid special attention. The author concludes about the growing influence of EU law over national law of France, including in the sphere of protection of competition.
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Nazifi, Ermal, and Petrina Broka. "Grounds for Private Enforcement of Albanian Competition Law." Yearbook of Antitrust and Regulatory Studies 9, no. 13 (2016): 61–76. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.3.
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Infringements of competition law can cause serious harm to both consumers and undertakings. Aside from the development of public enforcement of competition law, much focus has been placed in recent years in the European Union on private competition law enforcement. Lawsuits raised by undertakings that sustained damages from anti-competitive practice concerning the compensation of such damages have historically not been widespread in Europe. No such cases have been recorded in Albania at all yet, despite the fact that its competition protection legislation has provided this possibility since 1995. The main causes of the lack of private competition law enforcement in Albania include the absence of judicial practice and doctrinal approaches in this area. Relevant here is also the inability of Albanian businesses and consumers to react to competition protection cases as they still lack competition law knowledge and as a result of the absence of an appropriate legal framework for class actions. The scope of this article is to analyze the current situation of private competition law enforcement in Albania. The paper emphasizes the current legal framework including existing obstacles to private competition law enforcement and improvements that should be introduced in the context of its competition law, the law of civil procedures and the law of obligations.
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Kwok, Kelvin Hiu Fai. "The New Hong Kong Competition Law: Anomalies and Challenges." World Competition 37, Issue 4 (December 1, 2014): 541–67. http://dx.doi.org/10.54648/woco2014047.
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Enacted in 2012, the Hong Kong Competition Ordinance represents the first cross-sector competition legislation governing the Hong Kong Special Administrative Region. This article critically evaluates the peculiar aspects of the Competition Ordinance with reference to the legislative history as well as the competition law and enforcement experience of foreign jurisdictions (such as the European Union, the United States, and Australia). These aspects include: (i) the lack of cross-sector merger control; (ii) the 'substantial market power' requirement under the second conduct rule; (iii) the 'object or effect' test under the second conduct rule; (iv) the blanket exclusion of statutory bodies; (v) the power of the Chief Executive in Council to disapply the competition rules; (vi) the turnover de minimis thresholds; (vii) warning notices; (viii) the judicial enforcement model and restrictive private actions; and (ix) the capping of fines at 10% of local turnover. This article discusses solutions to some of these problems, and the challenges ahead for competition law enforcement in Hong Kong.
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Gresz, Miklós. "Reevaluation criteria for health care capacity allocation according to current legislation in Hungary." Orvosi Hetilap 152, no. 44 (October 2011): 1775–81. http://dx.doi.org/10.1556/oh.2011.29230.
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Act CXXXII of the year 2006 – amended several times – on the development of the health care system requires that health insurance authorities should regularly review utilization of the contracted capacity of professional medical care providers, and the need for change of capacities. The first such analysis should be carried out in 2013, according to the current laws in Hungary. The law lists 16 items, which are the basis for evaluation of the performance of providers. Among them some items are difficult to analyse specifically even for health insurance specialists. This study aims to review aspects of the reevaluation process and their associated concepts. Author wants to provide help for setting up the analysis in practice by going through and analysing the requirements of the law in detail. Orv. Hetil., 2011, 152, 1775–1781.