Catalogue Search | MBRL
Search Results Heading
Explore the vast range of titles available.
MBRLSearchResults
-
DisciplineDiscipline
-
Is Peer ReviewedIs Peer Reviewed
-
Item TypeItem Type
-
SubjectSubject
-
YearFrom:-To:
-
More FiltersMore FiltersSourceLanguage
Done
Filters
Reset
3,480
result(s) for
"LEGAL REMEDIES"
Sort by:
Remarks on the Reasoning: The Morals of a Hungarian Expulsion Decision in Times of Pandemic
by
Csatlós, Erzsébet
in
expulsion, reasoning of decisions, fair procedure, effective legal remedy, procedural guarantees
2021
Several Iranian university students were expelled from Hungary to Iran due to their (allegedly) unlawful behaviour during their quarantine period at the outburst of the Covid-19 pandemic on grounds of being a threat to public policy and public security. The case reveals a worrisome practice in the reasoning of expulsion decisions, irrespective of the pandemic. By analysing a judgment on the review of an administrative decision on expulsion, the article explores the normative circumstances of the legal institutions appearing in the case. By comparing international, European Union, and Hungarian constitutional practice, the study reveals a controversial legal practice. It not only evaluates the case, but draws attention to the role, quality, and legal significance of reasoning of administrative acts which lately, with a quickly changing legislation, seems to be forgotten.
Journal Article
Challenges of Automated Decisions: Brief Report on Hungarian Experiences
2025
Automated decision-making plays a central role in shaping future public services. This paper examines judicial practices at the Administrative Tribunal of Szeged, highlighting challenges in cases involving automated decisions, including limited transparency and barriers to legal recourse. In Hungary, automated systems often function as ‘black boxes’, complicating the appeal process for affected individuals and limiting judicial oversight. This lack of transparency raises significant concerns about the fairness and legality of such decisions, pointing to the need for a robust regulatory framework.
Journal Article
Consumer Contract Law and the Sustainability Goals in Slovenia: Any Room for Improvement?
2024
The Sale of Goods Directive and the Digital Content and Services Directive were transposed into the Slovene legal system with the new Consumer Protection Act in 2022. This contribution assesses whether and how sustainability goals have been internalised in consumer contract law and policy in Slovenia, particularly in the context of the changes introduced with the Sale of Goods Directive. It focuses on remedies for non-conformity of goods and services, while also examining the obligatory guarantee for technical products, which is a distinctive measure found in the Consumer Protection Act. The current state of play heavily relies on an awareness-raising model and the empowered, eco-friendly consumer, who is expected to purchase eco-friendly goods and resort to eco-friendly remedies in cases of non-conformity. These measures could be further strengthened by encouraging repair and self-repair, supporting replacement with refurbished goods, and extending guarantee periods to promote the production of more durable goods. The contribution identifies the obligatory guarantee as the most sustainability-friendly concept in Slovenian consumer sales law. In particular, it governs repair as the primary remedy and includes provisions on the availability of spare parts and access to repair services. This framework could serve as a model for the system of remedies for non-conforming goods at the EU level.
Journal Article
Investor-State Dispute Settlement Mechanisms in International Trade
by
Atiyat, Mustafa Al
,
Aldweri, Khalid
,
Alsoud, Anas Ratib
in
Economic activity
,
International trade
,
Investors
2025
ISDS mechanisms play a crucial role in international trade agreements by offering a framework to settle conflicts among investors from abroad and host states and safeguarding investors’ rights. This study focuses on examining the influence of various variables, namely Transparency, legal remedies provision, appointing authority, investor nationality, and economic types, on the outcomes of Investor-State Dispute Settlement (ISDS) cases. The research adopts a quantitative research design, employing online surveys to gather data from 480 individuals who possess expertise and experience in ISDS mechanisms. The collected data is subjected to statistical analysis using SPSS to explore the relationships between the outcomes of ISDS cases and the aforementioned independent variables. The positive results derived from the analysis confirm that each of the examined variables significantly impacts the out-comes of ISDS cases. These findings emphasize the importance of prioritizing transparency, legal remedies, appointing authority, investor nationality, and economic factors in the development and improvement of ISDS mechanisms. Creating an equitable and effective ISDS system is essential to protect investor rights, foster international investment, and ensure a fair and predictable investment environment.
Journal Article
Specific Issues of the Administrative Judicial Review: Right Protection Tools against Local Self-Government’s Regulation
by
Siket, Judit
in
effective legal remedy against local regulation
,
judicial review
,
legislative power of local self-governments
2025
Local self-government regulation may affect the rights and legitimate interests of municipal citizens. This is particularly true for local self-government decrees, though normative decisions may also include provisions impacting the rights and legitimate interests of affected individuals. However, judicial review and effective legal remedy tools and procedures should be accessible when a local decree or normative decision is unlawful. Research based on the data of the Curia (Hungarian Supreme Court), analysis confirmed, that only indirect ways are available to citizens, and there is no effective, direct remedy against unlawful local regulation.
Journal Article
SEIZURE OF BANK ACCOUNTS: A LEGAL MEANS OF ENSURING MOBILIZATION OR A CHALLENGE TO BANKING STABILITY IN THE CONTEXT OF EUROPEAN INTEGRATION
by
Latkovskyi, Pavlo
,
Haramita, Roman
,
Krahlevych, Vyacheslav
in
Bank accounts
,
Banking
,
banking regulation
2025
The article is devoted to a comprehensive analysis of the legal, financial, and economic aspects of freezing funds of individuals in bank accounts due to violations of mobilisation legislation under martial law. It examines the new challenges that may arise for Ukraine's banking system in connection with the implementation of such an administrative enforcement tool. Particular attention is paid to assessing potential risks: reduction in deposit volumes, decline in public trust in banks, growth of the shadow economy, and capital flight from the formal financial circulation.An important place in the study is occupied by the human rights aspect of the issue. Emphasis is placed on the imperfection of legislative drafting techniques, the absence of proper procedural safeguards, and the consequent application of arrests without adequate judicial oversight, which violates the principles of legal certainty, the rule of law, and property rights. Such practices do not conform to European standards of human rights protection, financial stability, and legal regulation.The article substantiates that the practice of freezing assets for violations of mobilisation obligations without a proper regulatory framework may transform into an instrument of fiscal pressure, which discredits the financial system and contradicts Ukraine's Euro-integration course. The interdependence between inadequate legislative approaches in the sphere of mobilisation and risks of destabilising the banking sector is established. The conclusions emphasise that in the absence of a transparent freezing mechanism, such measures may provoke capital flight from banking institutions, an increase in cash transactions, and a rise in shadow economy practices.In light of the foregoing, it is noted that a comprehensive review of the relevant regulations is necessary, taking into account the principles of balance between the state's defence needs and banking stability standards in the context of European integration.
Journal Article
Im/mobility as a form of gender-based violence: the case of transnationally abandoned wives in India
2025
Transnational marriage abandonment (TMA) of women is a growing form of violence reported across India and South Asia. The spouse, most commonly a husband, lives and works in a foreign country and exploits the advantages derived from his citizenship or visa status to exercise coercion and control over the immigrating wife. TMA takes different forms, including when a woman is left behind with the in-laws while waiting for the husband to provide visa sponsorship for her migration. Such women are vulnerable to financial precarity, isolation and domestic violence from in-laws, may be dispossessed from their marital home and served with ex parte divorces. Drawing on life-history interviews with 35 ‘never-migrant’ women conducted between 2013 and 2016, and subsequent policy and legal developments in India and the UK, this article seeks to unpack the gendered dimensions of im/mobility within TMA. Women’s immobilisation results from state migration policies, legal obstacles, patriarchal socio-cultural norms and purposive actions by husbands and their families to perpetually defer visa sponsorship and extract labour and/or money from women. Our findings indicate that immobilisation is a key facet of violence against women and legal responses to TMA must utilise a gender-based violence framework that can incorporate immobilised ‘never-migrant’ women.
Journal Article
Condominiums facing delinquency: stringent remedies from a comparative perspective
Purpose
With the aim of monitoring the existing regulations that are applicable to community of owners facing delinquency, in view of the importance of this issue for the achievement of the Urban Agenda, the present study aims to analyse the most stringent and controversial measures available for the community of owners facing delinquency from a comparative perspective.
Design/methodology/approach
The present work addresses the recent legislative amendments that have taken place at national level in this field in several countries and analyses to what extent they have addressed the delinquency problem faced by community of owners.
Findings
The current paper shows that, in the end, legal certainty, the prospective legal and economic effects on mortgage lending and constitutional concerns are the underlying reasons behind the reluctance to implement some stringent measures to face delinquency. It also shows that recent amendments concerning alternative dispute resolution mechanisms are a missed opportunity.
Social implications
Community of owners plays a key role in cities for the achievement of the Urban Agenda, so the periodical contributions from co-owners are paramount to the proper implementation of urban regeneration, energy efficiency and accessibility policies. To this end, the paper analyses existing regulations that are applicable to community of owners facing delinquency, which may increase in the coming years due to the current socioeconomic context.
Originality/value
This paper builds on existing research and goes one step further by addressing the recent legislative amendments that have taken place recently at national level in this field. These measures may serve as an inspiration to other EU legal systems.
Journal Article
Protection of the Rights of Parties, Participants and Third Parties During Enforcement in Republic of North Macedonia
2021
The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement.In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement.
Journal Article
The Long Road to the Green Justice: An Evaluation of Legal Remedy Against Civil Judgment in the Environmental Lawsuit
by
Marjo
,
Amalia, Ardina Nur
,
Badriyah, Siti Malikhatun
in
Appeals
,
At risk populations
,
Barriers
2025
The appeals and cassations in the environmental civil cases basically aim to ensure the achievement of substantive justice and correction of possible errors in court decisions at the 7irst and appellate levels. This mechanism has actually become an obstacle to the rapid and effective restoration of the environment. This article examines appeal and cassation procedures in environmental disputes that emphasize formal and administrative aspects over the principles of ecological justice. The complicated, formalistic, and time-consuming legal process often becomes an obstacle to rapid ecological recovery. The decisions of appellate and cassation judges in a number of cases appear to emphasize the formal aspects of proof, rather than applying the polluter pays principle and the precautionary principle. This has an impact on the slow recovery of the environment and the fulfillment of people’s rights to a healthy environment. This condition indicates the need for procedural reform in the legal remedy system, including the simplification of the judicial process. It is necessary to reform the judicial system which is not only guarantee the legal certainty, but also accommodates the urgency of substantive environmental protection. This reform is expected to be able to guarantee access to justice for vulnerable groups and strengthen the protection of the right to a healthy environment.
Journal Article