Essays of Faculty of Law University of Pécs, Yearbook of [year]

Communication of the Judiciary

Kristóf Benedek Fekete — Thu, 08 Jun 2023 00:00:00 +0200

The author describes the limitations of the freedom of expression of judges and courts in the context of the fundamental right to freedom of expression, which, due to its prominent position in a democratic constitutional state, is limited in content compared to the general one, also in view of the historical precedents in Hungary. Starting from the relevant constitutional and statutory provisions and in the light of the practice of the Venice Commission and the European Court of Human Rights, the study outlines and analyses the possibilities for individual judges and courts to express their opinions. The paper presents, through a number of pragmatic examples, the prevailing practice in Hungary on the subject under study, which works with undoubtedly one of the most stringent regulatory solutions.

Biases in the Criminal Justice System with Reference to the Practice of Compulsory Treatment of Mentally Ill Offenders

Krisztina Petra Gula — Fri, 16 Jun 2023 00:00:00 +0200

One of the least researched areas of the economic analysis of law
today is Criminal law and Criminal justice. A contemporary line of thinking
and examination is the behavioural economic approach that reflects on various
mental distortions (i.e. biases) affecting the decision-making and situationassessment of individuals. The focus of my essay is the intersection of Criminal
law and behavioural economics in the sphere of biases influencing the
participants in criminal proceedings. The measure of compulsory treatment in
the cases of mentally ill offenders serves as an illustration: the application of
the sanction, as well as the review procedure aimed at deciding whether an
already applied sanction could be ceased and the treated person should be
released. Outlining this measure is justified by the fact that the potential
considerations and evaluations of mentally ill offenders cannot be taken into
account as those of sane perpetrators (who are in no state of impairment of the
mind). This places an even greater responsibility on the rest of the procedural
participants – especially judges and experts – to deliver well-reasoned
decisions by eliminating the eventual negative consequences of their generally
less reflected mental distortions that could pose further detriments to the
mentally ill. As a closure, I am referring to certain ways and means that can
potentially reduce the role of biases in the criminal proceedings and thus
contribute to fairer jurisdiction for the mentally ill.

Transnational Organized Crime and Future Threats in Bangladesh: Comparative Combating Measures

Bushrat Jahan — Fri, 16 Jun 2023 00:00:00 +0200

Bangladesh is a South Asian country having become independent
recently and confronting countless crimes, and transnational coordinated crime
is one of them. With the proliferation of criminal associations and the
accessibility of present-day digitalization, the level of transnational danger has
increased in an alarming way, where just a coordinated and elevated degree of
globally approved cooperation can resolve the issue. Transnational organized
crime increases border tensions and danger also. In this paper, I will focus on a
few explicit transnational crimes occurring in Bangladesh and how those can
be a future danger to the existence of this country. Border hostility, arms
dealing, drug trafficking, and illegal human exploitation have been persistent
security dangers to the country. I will likewise concentrate on some combating
measures taken by the EU to control transnational organized crimes and a
comparative discussion of how Bangladesh ought to step up measures to
control such crimes in the future.

The Historical Development of the Hungarian Plea Bargain

Laura Kelemenné Csontos — Fri, 16 Jun 2023 00:00:00 +0200

The new Criminal Procedure Code entered into force on 1 July
2018. Based on the experience of the last four years, the settlement has not been
popular, but confession at the preparatory session has become favoured.
Hungarian academic literature considers the settlement to be the institution
closest to the American plea bargain. In addition to the two new legal
institutions, the Criminal Procedure Code contains several simplifier options.
Both the previous and the current Criminal Procedure Code provide successful
simplifier tools (e.g., penalty order), however, neither the settlement nor its
predecessor — the waiver of trial — could break through. In my PhD study I
am looking for the answer to why the Hungarian plea bargain cannot break
through, for which purpose I examine the antecedents of the settlement from a
historical point of view. A fundamental shortcoming can be observed: similarly,
to German criminal procedure law, the principle of consensus as a legitimizing
principle is missing from Hungarian criminal procedure. It would be
worthwhile to examine the results that the introduction of the consensus
principle would lead to. In addition, it would be important to examine the
different simplifier institutions in relation to each other, i.e., to which groups of
cases and how they are applied. It is possible that the aim of speeding up
procedures may be reached more conveniently by the authorities by other
simplifier solutions.

Environmental sustainability regulatory and policy practices and actions of telecoms regulatory authorities

Máté Mester — Fri, 16 Jun 2023 00:00:00 +0200

Creating climate-neutral electronic communications is a shared
responsibility for the industry and urgent action is needed in the face of
warming trends due to global climate change. Despite this, environmental
sustainability has just started to receive attention in the regulation of the
electronic communications sector. The national telecoms regulatory authorities
overseeing the sector in the different countries are key in driving related policy
and regulation. However, as to date, hardly any paper has dealt with their
respective practices in a comparative manner. Therefore, the aim of this paper
is to fill this gap, to review the relevant environmental sustainability regulatory
and policy practices and actions of telecoms regulatory authorities, in order to
provide a comprehensive and high-level comparison of sustainability initiatives
in the electronic communications sector. It is hoped that this will serve as a
starting point for launching a discourse in the industry and for properly
positioning the green transition in electronic communications regulation.

Comparative Legal and Economic Analysis of Franchising

Battulga Namsrai — Fri, 16 Jun 2023 00:00:00 +0200

Franchising is a business model that has been converting dozens of
intangible assets into tangible in the history of mankind. Thus, nowadays it by
itself covers a wide range of institutional aspects of law and economics.
Besides, a franchise runs according to Nash’s Equilibrium theory. A player can
achieve the desired outcome by not deviating from their initial strategy. For this
purpose, the franchisor provides an amount of assistance to the franchisee in
starting and managing the business activities.
De facto, principles of equality are slightly different for franchise contracts.
This is because the results of the contract cannot be achieved without the strict
supervision and advice of the license holder.
Therefore, this short comparative research has considered legal and business
issues relating to franchise, including the main contract law requirements, the
disclosure obligation, patent protection, vertical restraints, and the general
economic outcome of franchising in some countries.

Citizen Rights in a Critical Juncture: Comparing the EU and ASEAN Legal Response in the time of the COVID-19 Pandemic

Asrul Ibrahim Nur — Fri, 16 Jun 2023 00:00:00 +0200

The article's primary objective is to explore and compare the legal
instrument adopted by regional organisations, specifically the EU and ASEAN,
to impose restrictions on free movement rights during the COVID-19 Pandemic.
This article uses hard and soft law classifications to denote the great number of
types and forms of legal instruments. Furthermore, this article aims to explain
the pattern of regional organisations adopting legal tools to govern restrictions
on free movement rights. Legal research methodologies analyse legal
instruments from the EU and ASEAN's official legal databases with doctrinal
and comparative perspectives. The study's findings revealed two distinct trends
of adopting various types of legal instruments by the EU and ASEAN.
Additionally, the choice of this type of legal instrument has ramifications for
guaranteeing the practical application of citizen rights, particularly the right to
freedom of movement.

Requests for internal review and the revised Aarhus Regulation

Attila Pánovics — Fri, 16 Jun 2023 00:00:00 +0200

This article examines the development of EU law in the context of access to justice guaranteed under the Aarhus Convention. It considers how the Court of Justice of the European Union and the Compliance Committee of the Convention (ACCC) interpret obligations arising under Article 9(3) of the Convention. When the EU ratified the Convention in 2005 it committed to guaranteeing broad access to justice in environmental matters at both national and Union levels. Until now, the 2006 Aarhus Regulation is the sole piece of EU legislation outside the provisions of the Treaties that was adopted for the purpose of providing the basis for access to justice in environmental matters at Union level. Unfortunately, the internal review procedure set out by the 2006 Aarhus Regulation has been interpreted so restrictively by the Court of Justice of the EU that its added value in striving for better access to courts remained ephemeral. The article discusses the findings of the ACCC on the EU’s non-compliance with Article 9(3) of the Convention, and highlights the recent legislative activities at EU level relating to access to justice in environmental matters. The application of the revised Aarhus Regulation will demonstrate whether the European Union has duly implemented its international obligations regarding access to justice in environmental matters.

Illegal removal of minors abroad in connection with child trafficking

Dóra Ripszám — Fri, 16 Jun 2023 00:00:00 +0200

Human trafficking can be seen as a modern version of slavery; it is
estimated to be the second most lucrative branch of international organized
crime. According to the International Labour Organization (ILO), the profit
from forced labour reaches $ 32 billion a year. One of the most vulnerable
groups targeted by human traffickers are children.
In view of the fact that Hungary can also be regarded as a country of origin, destination and transit for
trafficking in human beings, it is necessarily intertwined with the phenomenon
of the illegal removal of minors abroad. Acts involving the illegal removal of
minors abroad do not constitute an independent legal category, this is a special
umbrella term for when a minor is attempted to cross the border of the state of
origin or current residence by other means of other means in breach of its
legislation.

A review of online business regulatory framework to reduce IFF in Bangladesh

M M ABDULLAH AL MAMUN Sony — Fri, 16 Jun 2023 00:00:00 +0200

Illicit Financial Flow (IFF) is a key development challenge all over the world.

In developing countries, though IFF may take place in different
ways, but over the past couple of years IFF via the digital ecosystem has been
demanding a rethink of the existing legal structure.

For instance, in Bangladesh, the fastest developing country, by today about five

leading ecommerce companies have been accused of fraud mostly in supply chain
management and also accused of money laundering issues. Therefore, the
Bangladesh government has adopted Digital Commerce Guidelines. Since these
e-commerce scams take place frequently, this raises the question of the
effectiveness of this existing legal structure in Bangladesh and how the same
legal framework can meet the challenge of IFF via digital platform. With the
help of the comparative method, the research has tried to address these gaps in
academic literature from a qualitative approach. This study has indicated that a
flaw in Bangladesh's present regulatory system is the lack of legislative
directions on how to supervise excessive discounts or predatory pricing.
Finally, no cross-border e-commerce rules or recommendations have been
established under the present legal regulatory framework. As a result, it is
suggested that these flaws in the current policy be reconsidered to reduce IFF.
Overall, the findings of this study will assist policymakers in defining additional
actions aimed at reforming a robust digital regulatory environment.

Abuses in virtual space and aiding suicide

Barbara Szabó — Fri, 16 Jun 2023 00:00:00 +0200

Cyberbullying abuses in virtual space can also qualify as stalking in
a criminal law obscurity, my thesis notes that the concept of harassment is
examined from as many aspects as possible. It raises awareness of the current
icings of the harassment, and to provide a summary of the subject that can be
used in the older ones for the mouths of the livers.

The renaissance of compulsory licenses (in the pharma sector)

Blanka Szupera — Fri, 16 Jun 2023 00:00:00 +0200

This paper examines the function of compulsory licensing of the
manufacture of pharmaceutical products. The COVID-19 pandemic has
challenged the pharmaceutical patents and the compulsory licenses in the
pharmaceutical sector. In International law the TRIPS Agreement introduced a
special possibility to use the subject matter of a patent without the authorization
of the right holder. The development of this license was determined by the
public health problems of the least-developed countries (hereinafter referred to
as the LDCs). Today the global pandemic has challenged this system. Some
developing countries proposed that the World Trade Organization temporarily
shall waive intellectual property rights for COVID-19 vaccines. The legislation
of some countries allowed the governance to order the limitations of patents,
but such a solution could harm the legitimate interests of the patent owners. The
global need for rapid treatment of COVID-19 showed that patentees cannot
make pharmaceutical inventions sufficiently available on the market. There are
other solutions like patent pools, by which patent owners could keep control of
the use of their inventions and the patents would be still available for third
parties. This would serve the general public interest, but it is a money and timeconsuming, long-distance cooperation. The broadened use of compulsory
licensing could also expand vaccine manufacturing within the patent system.
Hungary has chosen this path and the new legislation means the renaissance of
compulsory licenses.

Anti-money laundering and countering financing of terrorism legislation in Vietnam: Criminalization, Practice and Challenges

Ha Van Thai — Fri, 16 Jun 2023 00:00:00 +0200

This paper aims to examine the effectiveness and suitability of the
Vietnamese anti-money laundering (AML) and countering financing terrorism
(CFT) regime. This paper has three parts. The first part of the paper will
provide an overview of the Law on Anti-money laundering 2012 (the Law on
AML) and the criminalization of money laundering offences in the Criminal
Code 2015, amended in 2017. The second part of the paper seeks to examine
the practice and challenges of the Vietnamese AML/CFT framework in terms of
the (i) implementation of preventive measures adopted by the reporting
institutions in order to preclude and identify money laundering cases; (ii) use of
reporting and combating identifiable or suspected money laundering
transactions to the relevant authorities; and (iii) domestic and international
cooperation in AML. The third part of the paper will provide recommendations
as referencing for other jurisdictions.