Fundamentum
Az emberi jogok folyóirata.
Menüpontok

2005/1 – English Edition 2005

Essays

Sulyok Gábor: An Assessment of the Destruction of Rogue Civil Aircraft under International Law and Constitutional Law

"However, if a terrorist group carries out the attack, the determination of state responsibility as well the existence of armed attack requires the clarification of fairly complex legal issues."

"A thorough analysis, nevertheless, reveals that this provision of humanitarian law barely substantiates the legality of a shoot-down, as it requires that military commanders undertake careful deliberation in the course of target selection."

Pap András László: Ethnic Discrimination and the War Against Terrorism ? The Case of Hungary

"In this manner, police are authorised to use all measures, which, in other jurisdictions, might fall under the competence of the national security service or other specialised bodies."

Interview

?Presidents Should Not Be Authorised to Declare an Emergency on their Own Authority ? Interview with Bruce Ackerman by Gábor Halmai

Forum

Szikinger István: The Police Act and the National Security Act in Service of the Fight Aginst Terrorism ? Underlying Principles and Legal Framework

"The approval by the Constitutional Court of this provision is worrisome because it legitimates cause for arrest and detention that lack the guarantees of criminal procedure in order to serve the goals of crime prosecution."

Halmai Gábor: Public Order and Security versus Rule of Law in Transition Countries

Protectors of Right

Földes Ádám: Tough Liberties: Perplexed about Terrorism

The Hungarian Civil Liberties Union (HCLU) is a law reform and legal defence organisation. When the founders were looking for a model to follow in 1994, they finally chose the American Civil Liberties Union (ACLU) because its organisatioanal structure, principles and values it seemed to be the most appropriate. Only five years after the change of the regime, the founders created their NGO in Hungary based on the American model.

Halmai Gábor: Violent Radicalisation in Hungary

INDOK
The Hungarian Information and Documentation Center was founded with the contribution of the Dutch Ministry of Foreign Affairs and the Dutch Helsinki Foundation. INDOK primarily focuses on creating an extensive database of documents on human rights, organizing conferences, professional trainings and public debates, publishing books, all of which aim to train and inform professionals and individuals on human rights issues and to strengthen the general attitudes that help shape both national and international human rights standards. Four times a year INDOK publishes Fundamentum. INDOK gives advice in cases concerning human rights, but it does not represent clients. It provides legal assistance in filing petitions to the Hungarian Constitutional Court, to the Parliamentary Commmissioners, or to the European Court of Human Rights. Gabor Halmai, Director of INDOK is a member of the Network of Independent Experts on Fundamental Rights.

THE NETWORK
The European Commission set up the E.U. Network of Independent Experts on Fundamental Rights upon the request of the European Parliament. It monitors the situation of fundamental rights in the Member States and in the Union, on the basis of the Charter of Fundamental Rights. It issues reports on the situation of fundamental rights in the Member States and in the Union, as well as opinions on specific issues related to the protection of fundamental rights in the Union.

Kőszeg Ferenc: From the Cold War to the War on Terrorism: Did September 11 have an Impact on Hungarian Law Enforcement?

Review

Miklósi Zoltán: Terrorism, Constitutionalism, Sovereignty

"Every measure that serves to uphold public confidence without effectively solving the problems is counterproductive in the long run."