Abstract

The main focus of the paper is an attempt to present theories of the source of law, and for this reason I will analyse (1) the concept of „law” and its basic sub-concepts, and in the first part I will summarise the thoughts of some legal theorists on their conceptualisations of „law”. (2) Then I point to the different bases of the terminology of custom, tradition and consuetudo. (3) Finally, I will present some of the formulations of legal source theory, since the confusion of terminology that has arisen here is one of the most vexed chapters in legal theory, and I will try to give straightforward distinctions between the various definitions.

Keywords: concept of law, custom, habit, consuetudo, source of law, general theories

Abstratct

This paper deals with the history of the principle of separation of powers. At the turn of the 15th and 16th centuries, the international world order of the Middle Ages, which had united kings and princes under the authority of the Church and the Papacy, came to an end.  From the 16th century onwards, absolute monarchies emerged, claiming full sovereignty and unlimited power in both international and domestic affairs. However, absolute power provoked opposition from citizens and subjects, and theories were born that called for the division and limitation of absolute royal power. English and French thinkers (Locke and Montesquieu) were the first to formulate these revolutionary ideas, which necessarily lacked the conciseness and precision that characterise normative texts and legislation.  The theory of the separation of powers became truly important and practical when it was incorporated into early constitutions, and the codifiers and constituent assemblies of the late 18th century gave solid form to the separation of powers.

Keywords: division of powers, limited powers, absolutist moanrchy, Montesquieu, Locke, Virginia Declaration of Rights

Abstract

This paper evaluates the migration in the European Union (EU) and importance of the immigration policies with comparison of the policies between Hungary and the European Union. While the EU has promoted a more inclusive and diverse approach to immigration integration, Hungary has implemented restrictive policies that prioritize assimilation and limit opportunities for migrants. The paper tries to examine the historical, political, and legal perspectives of immigration policies in Hungary and the EU, as well as the implications of these policies for the integration of migrants. Through a comparative analysis of these policies, the paper highlights the challenges and opportunities for successful immigration integration in both Hungary and the EU, and offers recommendations for improving policies and practices. Ultimately, the paper argues that while Hungary’s restrictive approach may have short-term benefits for some segments of the population, it ultimately undermines the long-term social and economic stability of the country and its position within the broader EU framework.

Keywords: Migration, European Union, Integration, Migration Policies, Hungary

Abstract

Estonia is a „model country”. In recent years, it has served as an example, both in terms of the economy and e-administration. In my study, I seek to answer how Estonia got to the point where it is now a model country in the field of public administration, and many European countries try to follow the Estonian model. Today, Estonia is the only country where 99 percent of public services can be performed online. Digital operation has created an opportunity for the work of the government to be transparent and for the operation of businesses to become predictable. All in all, digitalisation and the efficient operation of public administration have greatly contributed to Estonia’s economic transformation and progress. A survey conducted in 2022 shows that out of the 41 SGI countries, Estonia ranks seventh in democracy, eighth in political performance and 11th in governance. By 2022, Estonia has become a country where only memories of official administration remain.

Keywords: administration, e-administration, Estonia, e-residency, kiberwar.

Abstarct:

The author attempts to explore Reformed legal analysis. To unfold it, he starts from John Calvin and arrives at the spiritual jurisprudence. In the first part of the study, he presents Calvin’s legal analysis and the general and special basic teachings that derive from Calvin. In the second part of the paper, he deals with the right of freedom of thought, conscience and religion. From a special perspective, which the author calls the pneumatological approach of nomos. In the final part of the paper, the author explains the work of the Holy Spirit that is possible today within jurisprudence.

Keywords: John Calvin, reformed, Holy Spirit, the pneumatological approach to nomos, Law.

Abstract

The inseparable relationship between church and religion, highlighting that churches primarily consist of religious communities. Churches gain legal recognition through state law, which acknowledges them as organizations with rights or governed by their own laws. The implications of this recognition are broad, spanning social, educational, cultural, economic, employment, and tax policies. Different countries have varying statuses for churches, leading to potential anomalies. Throughout history, churches have had a significant impact on societies, cooperating, exercising power, or opposing the state. In modern societies, there is a principle of separating state and churches, protecting religious practices and freedom of conscience. Legislative decisions often favor specific religious communities, leading to questions about discrimination based on church policies. Shifting focus to Austria, religious freedom is guaranteed as an individual right, with the legal system defined as religiously neutral. The state and the church are viewed as equal partners, respecting each other’s independence. Legal recognition grants churches and religious communities, legal personality, and they fulfill functions beyond religious duties, contributing to the common good. The relationship between the Austrian State and the Catholic Church is formalized through the Concordat of 1933 and subsequent laws. Other recognized churches and religious organizations are governed by specific acts. Austria has a two-tier structure, recognizing both legally recognized churches/religious societies and „state-registered religious denominations.” Fulfilling certain requirements allows a faith to be legally recognized after 20 years as a religious community.

Keywords: Austria, church, church recognition, church-state relations, religion

Abstract

The legal framework governing higher education institutions (HEIs) is crucial for shaping educational landscapes and ensuring program quality and effectiveness. This comparative analysis examines the legal frameworks for higher education in Hungary and Kosovo, aiming to identify similarities, differences, and areas for improvement: the fundamental right to education, academic freedom, maintainer rights and responsibilities, institutional autonomy and organisational structure. Kosovo has a relatively higher number of universities per million inhabitants (13.88) compared to Hungary (5.45). In Hungary, various ownership types are allowed, including state/public, ecclesiastical, and private, while Kosovo primarily has public or private ownership with no ecclesiastical HEIs. Recent changes, such as the involvement of public trust foundations as maintainers or the foundation maintainer model, bring actuality to the topics. Unlike the case of Kosovo, in Hungary, it is required that the state recognise every institution of higher education through formal recognition in the parliament. The organisational structure and governing bodies of HEIs are not defined in detail in Kosovo, while in Hungary, besides the rector and the senate, there is a chancellor and a consistory; furthermore, in the case of model-changed universities, there is a foundation maintainer with the body of trustees. State public financing from the budget is crucial for higher education institutions in both countries.

Keywords: higher education, right to education, universities, legislation, Hungary, Kosovo