Publicationes Universitatis Miskolcinensis Sectio Juridica et Politica
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica
<table style="width: 100%;" border="0" cellspacing="1" cellpadding="1"> <tbody> <tr> <td><strong>Title of the journal:</strong></td> <td>Publicationes Universitatis Miskolcinensis, Sectio Juridica et Politica</td> </tr> <tr> <td><strong>ISSN print:</strong></td> <td>0866-6032</td> </tr> <tr> <td><strong>Periodicity:</strong></td> <td>2 issue/ year</td> </tr> <tr> <td><strong>Assessment of articles:</strong></td> <td>double-blind peer</td> </tr> </tbody> </table>Miskolci Egyetem Tudományos és Nemzetközi Rektorhelyettesi Titkársághu-HUPublicationes Universitatis Miskolcinensis Sectio Juridica et Politica0866-6032Thoughts on the criminal liability of companies from a labour perspective
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4194
<p>Liability is key to society’s self-correction. In recent years, we may now say decades, and especially recently, numerous reports, research and forecasts have warned that humanity is heading in the wrong direction and that urgent change is needed. Companies have a particularly significant impact on the achievement of sustainability, with influence extending to the environmental, economic and social pillars. The paper touches on the issue of corporate<br>criminal liability, focusing in particular on how the current legal framework can be strengthened to achieve sustainability goals, for example through the regulation of supply chains. The aim of the paper is to provide food for thought to further consider the legal and moral aspects of corporate liability in the context of sustainability.</p>Zsófia Ráczi
Copyright (c) 2025 Publicationes Universitatis Miskolcinensis Sectio Juridica et Politica
2025-10-032025-10-0343110912410.32978/sjp.2025.006International trade: How trade relationships affect economic growth?
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4195
<p>This study explores the significance of international trade as a solution to the problem faced by countries that struggle to achieve self-sufficiency in goods and services. This struggle is often due to factors like the nature of the products or the lack of capital, technology, or modern management in some nations, which prevents them from producing goods at a lower cost. The aim of the research is to highlight the role of foreign trade in enhancing and developing the local economy, providing it with foreign currencies, and understanding the key methods of this trade.</p> <p>The findings suggest that foreign trade has emerged as a response to profound changes in the global economy and the challenges encountered by developing countries. These challenges include attempts by industrialized capitalist nations to exert control over international markets and to dominate the developing world.</p>Ali Hussein Eid
Copyright (c) 2025 Publicationes Universitatis Miskolcinensis Sectio Juridica et Politica
2025-10-032025-10-0343112714210.32978/sjp.2025.007Disability, reduced capacity for work and work
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4196
<p>We can see and experience how society and employers judge people in the target group, but despite many positive changes, we still know little about how people actually experience disability in everyday life. There are those who are closed off or indifferent and those who try to assert themselves and be convincing. Politics, culture, society, upbringing, traditions, individual talents all play a role in the experience of exclusion. While negative prejudices and the resulting discrimination are pervasive in society, despite all efforts – international or national – stereotypes say it all for people with disabilities and people with a disability. Guarantee rules have been drawn up to create equal opportunities, but this issue is still one of the challenges that needs to be addressed,<br>where the freedom and dignity of the individual are at stake.</p>Nóra JakabÁgnes Cseh
Copyright (c) 2025 Publicationes Universitatis Miskolcinensis Sectio Juridica et Politica
2025-10-032025-10-0343114316210.32978/sjp.2025.008Certain issues of carriage od goods by sea
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4197
<p>This study aims to present the development, background and regulation of the sea freight contract as the oldest and still most used mode of transport. The rules formed over thousands of years, together with the influence of the lex mercatoria, also taking into account the written sources of law, form a compact system that still offers a smooth regulation of the set of very massive legal relationships. What regulations currently govern this type of contract and what<br>are its characteristics? We examine these questions in the study. These questions are investigated in the present paper.</p>Imre Mátyás
Copyright (c) 2025 Publicationes Universitatis Miskolcinensis Sectio Juridica et Politica
2025-10-032025-10-0343116317910.32978/sjp.2025.009Employer’s liability for damage caused by the employee to a third party using a hazardous thing or performing a hazardous activity under Serbian law – case study
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4198
<p>Under Serbian law one of the cases of vicarious liability explicitly foreseen by the 1978 Obligations Act is the liability of the employer for damage caused to a third party by an employee at work or in work-related situations. The employer’s liability emerges only if the employee acted with fault, whereby the existence of the employee’s fault is presumed. The employer may exempt his/her liability if successfully rebuts this presumption, namely, if proves that the employee acted with due diligence and care. Thus, there is no employer’s liability if the employee did not act with fault. Some argue that the requirement that the employee acted with fault qualifies the employer’s vicarious liability as fault-based. However, according to the prevailing opinion in the recent literature it is considered as strict liability, since the employer cannot be exempted from liability by proving that there was no fault of his/her own.<br>However, any contemplation on the relevance of either the employee’s or employer’s fault is redundant, and thus on the nature of the employer’s liability as well, if the employee causes damage to a third party using a so-called hazardous thing, or if the performance of his/her working tasks is regarded as a so-called hazardous activity. Then, the general rules of strict liability apply and the employer cannot exclude his/her liability even by proving that the employee acted with the required care and diligence. The employer’s liability in this case is based on an increased, elevated risk of damage to the surroundings, originating from a hazardous thing or hazardous activity. If the general rules of strict liability are applied to the employer’s vicarious liability, the employer is considered as the proprietor of a hazardous thing, or a person conducting a hazardous activity, regardless that the employee directly controls the elevated risk of damage from the hazardous thing, or performs an activity considered hazardous.<br>This paper aims to explore how Serbian case law interprets the notions of hazardous thing or activity in relation to employer’s vicarious liability. It also examines the relevant factors that may impact the outcome of such cases, such as the nature of the activity being performed, the degree of the risk of damage caused things or activities considered as hazardous, etc.</p>Milica IlićAttila Dudás
Copyright (c) 2025 Publicationes Universitatis Miskolcinensis Sectio Juridica et Politica
2025-10-032025-10-0343110.32978/sjp.2025.010Theoretical iccues of the relationship between activity and service contract types
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4199
<p>The study discusses the demarcation and interconnection problems of employment contracts. Based on the stronger or weaker nature of the dependency, these contracts can be separated from each other, but they can also be connected to each other. On this basis, the employment contract can become a bussiness, or an assigment, or vice versa. Therefore, the autor recommends the transformation of the grouping of activity contracts.</p>Tamás Prugberger
Copyright (c) 2025
2025-10-032025-10-0343120023510.32978/sjp.2025.011Global assessment of employment regulation supporting reproductive health
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4200
<p>The legal regulation of work basically ignores the special aspects of women’s existence, such as menstruation and menopause. The study deals with labor law issues of menstruation, among them it mainly presents international examples of menstrual leave, analyzes them by highlighting the underlying motivations, differences in legal provisions, and feedback found in foreign literature. Examining these contributes to the goal that the Hungarian legislator can consider, if he were to follow the Spanish model, how he could promote the well-being of women at work by possibly introducing menstrual leave, learning from foreign examples.</p>Bernadett Solymosi-Szekeres
Copyright (c) 2025
2025-10-032025-10-0343123625410.32978/sjp.2025.012The use of artificial intelligence at workplace and its impact on workers' fundamental rights
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4201
<p>In this paper, we examine the relevant rules of the Artificial Intelligence Act, its risk-based categorisation, and the provisions for high-risk AI systems. Moreover, we conduct a comprehensive analysis of the use of AI in the workplace, shedding light on its impact on fundamental rights, particularly the right to protection of personal data and non-discrimination.</p>Ibolya Stefán
Copyright (c) 2025
2025-10-032025-10-0343125527110.32978/sjp.2025.013Platform work and it's new regulatory directions in the European Union
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4202
<p>Nowadays, the employment relationships are undergoing a major transformation, typically due to the growing popularity of the ICT network. More and more people are doing their tasks through some form of digital device or application, which causes a number of challenges but also new solutions for the labour market. Therefore, it is essential to regulate these specific forms of employment, since – especially on the grounds of judicial practice – the absence of such regulation leaves many problems will remain, and ultimately, it is the people with preacarious status who will suffer from this situation. This study will explore the characteristics of platform work, examine the Curia (Hungarian Supreme Court) judgment of december 2023 on the determination of status of platform employee, and finally I will examine the Platform Directive adopted by the European Parliament and the Council in April 2024, regarding the labour law implications of certain provisions of it.</p>Adél Tóth
Copyright (c) 2025
2025-10-032025-10-0343127228510.32978/sjp.2025.014Status of third-country nationals who are long-term residents versus hungarian national security
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4189
<p>In its Spring 2024 judgement the Court of Justice of the European Union stated that EU law precludes national legislation which requires national authorities, on grounds of national security, to withdraw the residence permit of a third-country national who may enjoy a derived right of residence under that article or to refuse to issue such a permit to such a person, solely on the basis of a binding non-reasoned opinion adopted by a body entrusted with specialist functions linked to national security, without a rigorous examination of all the individual circumstances and of the proportionality of that decis ion to withdraw or to refuse a residence permit.</p>Zoltán Angyal
Copyright (c) 2025
2025-10-032025-10-0343172210.32978/sjp.2025.001Application of the charter of fundamental rights of the European Union in domestic legal practice, with particular regard to employees for healthy and safe working conditions
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4190
<p>The Charter of Fundamental Rights of the European Union plays a decisive role in Hungarian labor law and labor protection, guaranteeing healthy and safe working conditions for employees. The protection of workers’ rights and the fact that the health and well-being of workers in the workplace are a priority are of paramount importance. Such conditions not only increase employee satisfaction and productivity, but also have a positive effect on employers and the economy. The establishment and maintenance of a healthy and safe working environment is in the common interest of employers and employees, which is of fundamental importance for ensuring long-term well-being at work.</p>Beáta Czifra-Dajka
Copyright (c) 2025
2025-10-032025-10-03431234010.32978/sjp.2025.002Comparison of income tax for self-employment and activities other than self-employment in Syrian and Hungary
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4191
<p>In the constantly evolving world of taxation, countries are always refining their systems to balance revenue generation, economic growth, and fairness. This essay provides an in-depth analysis of the income tax systems of Hungary and Syria, exploring their historical trajectories and current structures. Before 1988, Hungary had a complex tax regime, while Syria underwent a series of reforms that resulted in a comprehensive income tax law in 2003. This exploration aims to discern the strengths and weaknesses of each system by examining the realities of income tax in both nations, including the treatment of residents, taxable income, and assessment processes. Each country presents unique challenges and opportunities in their taxation policies, from Hungary’s transition to a flat tax rate to Syria’s progressive system and ongoing reforms. Through this comparative analysis, we seek to shed light on the broader discourse surrounding income taxation, highlighting the diverse strategies employed by different nations to achieve their fiscal objectives.</p>Jafaar Sakkour
Copyright (c) 2025
2025-10-032025-10-03431416310.32978/sjp.2025.003Achmea’s legacy: The necessity to create the multilateral investment court
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4192
<p>This paper examines the European Court of Justice’s (ECJ) Achmea judgment and its implications for investment dispute resolution within the EU. The 2018 ruling declared that bilateral investment treaties (BITs) between EU member states infringe on EU legal autonomy, as they grant jurisdiction to arbitral tribunals outside the EU framework. This has led the EU to seek alternatives, such as establishing a Multilateral Investment Court. This proposed court would resolve conflicts with consistent, impartial judgments, unlike ad hoc tribunals, thus safeguarding EU legal principles. Additionally, the essay analyzes how<br>Achmea affects the Energy Charter Treaty (ECT) and discusses the challenges of jurisdiction in intra-EU disputes under the ECT. In conclusion, the paper advocates for the EU’s transition towards a permanent Investment Court System with binding precedents and jurisdiction to interpret EU law consistently, ensuring legal coherence across member states.</p>Imre MátyásFelipe Cristiancho
Copyright (c) 2025
2025-10-032025-10-03431648110.32978/sjp.2025.004Consumer protection in banking in Hungary
https://ojs.uni-miskolc.hu/index.php/juridicaetpolitica/article/view/4193
<p>In this paper I will give an overview of the Hungarian rules on consumer protection in banking. After definitions, I will present the Hungarian history of financial consumer protection. I examine the institutional system on the one hand and the history of the regulation protecting financial consumers on the other. The current regulation is presented in terms of the instruments of the Hungarian National Bank, followed by an analysis of the tasks of banks, both in terms of passive and active products, and from the perspective of customer protection. Finally, I draw attention to the new challenges.</p>Zoltán Varga
Copyright (c) 2025
2025-10-032025-10-034318210610.32978/sjp.2025.005