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ELTE Law Journal 2020/2 Contents ELTE Law Journal -------- -------- ELTE LAW JOURNAL 2020/2 CONteNTS ELTE LAW JOURNAL Continuity and New Perspectives – Editorial SYMPOSIUM L ELTE Faculty of Law 350th Anniversary Conference Series – Editorial to the Symposium Section ISTVÁN AMBRUS: The Dispositive and the Cogent in Sentencing: Theoretical Issues and an International Overview MiK LÓS LÉVAY: The Driving Forces of the Penal Policy of Hungary in the 2010s with Special Regard to the Preparation of the Criminal Code of 2012 ÉVA INZELT: The Criminal Justice System and Tools of Investigating International Organised Crime ÁRPÁD ERDEI: The Principles of the New Code of Criminal Procedure PÉTER HACK: Sacrificing Core Criminal Procedural Principles on the Altar of Efficiency GEORgiNA HORVÁTH: Relative Procedural Errors ESZTER KiRÁLY: The Interpretation of Legal Force in the New Hungarian Code of Criminal Procedure BARBARA MOHÁCSI: Special Procedures Provided for in the New Hungarian Code of Criminal Procedure KaTALIN HOLÉ: Certain Aspects of the Right to Human Dignity in the Light of the New Code of Criminal Procedure TAMÁS KENDE: Distant Cousins: The Exhaustion of Local Remedies in Customary International Law and in the European Human Rights Contexts ELTE LAW JOURNA LAW ELTE ARTICLE WOJCIECH Pi�TEK: Do We Need a General Regulation on Prescription in Administrative Law? 2020/2 ELTE LJ ELJ_202002.indd 1 2021.05.26. 9:08:37 -------- -------- ELTE LAW JOURNAL 2020/2 ELTE LJ Budapest, 2020 ELTE Law Journal, published twice a year under the auspices of ELTE Faculty of Law since 2013 President of the Editorial Board • Miklós Király Editor-in-chief • Tamás Szabados Editors • Balázs J. Gellér • Attila Menyhárd • Pál Sonnevend • Réka Somssich • István Varga • Krisztina Rozsnyai Founding editor-in-chief • Ádám Fuglinszky Advisory Board • Armin von Bogdandy (Heidelberg) • Adrian Briggs (Oxford) • Marcin Czepelak (Krakow) • Gerhard Dannecker (Heidelberg) • Oliver Diggelmann (Zurich) • Bénédicte Fauvarque-Cosson (Paris) • Erik Jayme (Heidelberg) • Herbert Küpper (Regensburg) • Ulrich Magnus (Hamburg) • Russel Miller (Lexington, Va) • Olivier Moreteau (Baton Rouge, LA) • Marianna Muravyeva (Oxford) • Ken Oliphant (Bristol) • Helmut Rüssmann (Saarbrücken) • Luboš Tichy (Prague) • Emőd Veress (Kolozsvár/Cluj) • Reinhard Zimmermann (Hamburg) • Spyridon Vrellis (Athens) Contact • [email protected] Eötvös Loránd University, Faculty of Law • 1053 Budapest, Egyetem tér 1–3, Hungary For submission check out our submission guide at www.eltelawjournal.hu All rights reserved. Material on these pages is copyright of Eötvös University Press or reproduced with permission from other copyright owners. It may be used for personal reference, but not otherwise copied, altered in any way or transmitted to others (unless explicitly stated otherwise) without the written permission of Eötvös University Press. Recommended abbreviation for citations: ELTE LJ ISSN 2064 4965 Editorial work • Eötvös University Press 18 Királyi Pál Street, Budapest, H-1053, Hungary www.eotvoskiado.hu Executive Publisher: the Executive Director of Eötvös University Press Layout: Zsuzsa Sörfőző Cover: Ildikó Csele Kmotrik Printed by: Multiszolg Bt. Contents Continuity and New Perspectives – Editorial …………………………………………………… 5 Symposium ELTE Faculty of Law 350th Anniversary Conference Series – Editorial to the Symposium Section ……………………………………………………………… 9 István Ambrus The Dispositive and the Cogent in Sentencing: Theoretical Issues and an International Overview …………………………………………… 11 Miklós Lévay The Driving Forces of the Penal Policy of Hungary in the 2010s with Special Regard to the Preparation of the Criminal Code of 2012 …………………… 25 Éva Inzelt The Criminal Justice System and Tools of Investigating International Organised Crime …………………………………………………………………………………… 43 Árpád Erdei The Principles of the New Code of Criminal Procedure …………………………………… 63 Péter Hack Sacrificing Core Criminal Procedural Principles on the Altar of Efficiency …………… 71 Georgina Horváth Relative Procedural Errors ………………………………………………………………………… 83 Eszter Király The Interpretation of Legal Force in the New Hungarian Code of Criminal Procedure ……………………………………………………………………… 99 Barbara Mohácsi Special Procedures Provided for in the New Hungarian Code of Criminal Procedure ……………………………………………………………………… 109 Katalin Holé Certain Aspects of the Right to Human Dignity in the Light of the New Code of Criminal Procedure …………………………………………………………… 121 Tamás Kende Distant Cousins: The Exhaustion of Local Remedies in Customary International Law and in the European Human Rights Contexts …………………………………………… 127 Article Wojciech Pia¸tek Do We Need a General Regulation on Prescription in Administrative Law? …………… 145 Continuity and New Perspectives – Editorial The first issue of the ELTE Law Journal was published in 2013. Since then, the journal has been through its childhood and reached the age of maturity. Readers could read through fourteen issues of the journal and the ELTE Law Journal became one of the leading English- language journals in Hungary. Everybody can have access to all issues and all articles free of charge through the journal website. The ELTE Law Journal is linked to a Hungarian higher education institution, the Faculty of Law of ELTE Eötvös Loránd University, but it has been characterised since its foundation by its strong international vision. The journal has at- tracted a worldwide readership and authorship. Excellent legal scholars contributed to the journal on various topics and presented the current international, European and domestic developments. At the same time, the journal also attracted authors from beyond academia who gave insights to the law in action. The ELTE Law Journal has provided a forum to publish the outcomes of individual studies, those of joint research projects and of findings presented at international conferences. This issue marks one change. The ELTE Law Journal has arrived at a new chapter. The former editor-in-chief, Professor Ádám Fuglinszky has handed over to Tamás Szabados, associate professor of the Faculty of Law of ELTE Eötvös Loránd University. Notwithstand- ing this personnel change, other things will not alter: the endeavour for quality and the international and comparative focus of the journal. The new editor-in-chief is committed to preserving these values. In this vein, the Editorial Board continues to welcome submissions from authors of high-quality articles on any topic, focusing on international, European law, comparative law and legal theory, that can raise the interest of the international aca- demic community. The Editorial Board aims to continue to increase the international reputation of the ELTE Law Journal. As a new initiative, the Editorial Board will regularly announce calls for articles on various topical issues with the aim of involving more and more potential authors and will consider the publication of special thematic issues. Of course, this will not exclude submissions on other current topics. This editorial also provides an opportunity for the Chair of the Editorial Board to thank the former editor-in-chief for his work on behalf of the Editorial Board and the Faculty of 5 Law of ELTE Eötvös Loránd University. Ádám Fuglinszky played a significant role in launch- ing the journal and his contribution has been indispensable to running the journal over the last seven years and ensuring a smooth transition to the new editor-in-chief. Miklós Király Tamás Szabados Chair of the Editorial Board Editor-in-chief 6 Symposium ELTE Faculty of Law 350th Anniversary Conference Series – Editorial to the Symposium Section Our Faculty celebrated the 350th anniversary of its establishment on the 23rd February 2017. This anniversary was a landmark in the history of our Faculty, which provided us with the opportunity to remember our roots, to evaluate our achievements and to look into the future. The more than three-and-a-half centuries behind us speak about a past we are proud of. Not because the past and the history are valuable in themselves, but because we survived and made progress throughout the storms of centuries due to our commitment to scientific quality, social responsibility, moral principles, our endeavours to increase the level of education and to build a strong community. Our institution proved its ability to adapt to the changing social and economic environment and renewal. Values such as professional humility, tolerance, respect, openness and solidarity were and are the key to our success. It is also our duty today to keep such values, because we have to build our future on these pillars, too. As the leading law faculty in Hungary, we have a strong consciousness of our responsibility for the education of lawyers in the whole nation. The success of this celebra- tion year could also give us faith and inspiration to remain a research centre for legal studies, recognised as such in Europe, and to educate lawyers with a strong sense of professional responsibility and the highest level of professional skills and knowledge, who are also com- petitive in an international environment. This celebration was also a festival of science. We celebrated with a series of conferences that embraced the whole range of legal science. As there is no feast without friends, we also invited colleagues from all of the law faculties and legal research centres in the country. These conferences gave a picture of the contemporary legal problems in which we are en- gaged, as well as the results we have achieved. They reflect the past as well as the
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