Nyilvánosság és az ítéletek kutathatóságának problematikája

The right to a fair trial by an independent and impartial tribunal is a fundamental right everybody is entitled to. Through such right, transparency and publicity become an important guarantee of the administration of justice, in a broader sense, and as a procedural principle of different court proceedings as well. In our globalized world, the rapid technological development, the acquis of this development, and the changing media environment have fundamentally shaped and are shaping the forms of the publicity of the judiciary, posing new challenges for legislators and practitioners alike. Publicity and transparency are essential for the functioning of a democratic, constitutional state based on the rule of law. The judiciary as a branch of power, as an institution, is of paramount importance in the everyday life of society. Members of society expect the judiciary to ultimately settle their disputes and to enforce the state’s power to punish those who violated the social and legal norms by committing crimes. Therefore, the trust of society in the judiciary must be given high priority. To achieve this public trust, members of the society must receive an adequate quantity and quality of data and information on the functioning of the justice system and on the judicial procedures. This paper is therefore seeking to provide an overview of the rules of accessibility and researchability of judgments. This article examines the relationship between the public and freedom of information, the functions of the public in the administration of justice, the practice of the European Court of Human Rights regarding the public disclosure of judgments, and the legal provisions on access to court documents

Az ügyfélnyilvánosság kérdései: közigazgatási jogi kiindulópont a büntetőeljárásban

The right to a fair trial by an independent and impartial tribunal is a fundamental right everybody is entitled to. Through such right, transparency and publicity become an important guarantee of the administration of justice, in a broader sense, and as a procedural principle of different court proceedings as well. The administration of justice and the judiciary is a fundamental subsystem, an independent branch of public power of modern democracies, with the publicity of court proceedings being an organic principle thereof. The need to realize responsibility and hold people accountable as part of this structure has more or less the same age as humankind itself. The judicial proceedings are community acts, with an indispensable part being played by the individual. Members of a community were and are present in the proceedings, not only as “controllers”, but also in concrete, distinguishable procedural roles, either as plaintiffs or defendants thus clients. The paper examines a narrow cross-section of the publicity of criminal proceedings, the issue of the so-called “client publicity” by looking at how an administrative law concept can be applied to criminal proceedings, what the concept of client means in criminal proceedings, how client publicity can be enforced in criminal proceedings, and what are the consequences of violating the relevant rules. This paper, after a general overview of the principle of publicity, will examine the concepts of client in the legal literature, the rules that apply when a closed trial is ordered, and the consequences of breaching these rules

Jogtudatkutatás és a "bűnös mítoszok"

The paper presents the background and results of a recent research on legal consciousness in Hungary. Following the description of a scientific awareness-raising activity ("Guilty Myths”) implementing by a law professor in her activist jurisprudential role, the methodology of selecting the legal issues relevant to crime and criminality is presented, with a summary of the main results of Hungarian literature on legal consciousness. The questionnaire-based empirical research focuses on the Szeged Music Festival (SZIN) and the University of Szeged students, and the aim was to investigate the legal awareness of young people on an empirical basis. Our questions focused on the legal knowledge related to the “Guilty myths” project, the awareness of media consumption and the degree of institutional trust. Our empirical research is based on a questionnaire survey, the main relevance of our study's focus on young people is that previous legal awareness research has either not addressed young people's legal awareness or focused on law students who are already involved because of their career choice, and are conscious of their value choices or have a determinately higher (we hypothesise) inherited cultural capital compared to the middle class average. This paper contains the description of the empirical research samples, sub-samples, questions and data processing methods is followed by the data analysis, which is structured according to the question categories of legal knowledge, media consumption and institutional trust. This is followed by the concrete experiences of the questionnaire survey. As a result of the research, the legal education of young people is essential and has to be inevitable, as in many cases even law students are not aware of the legal norms that are an integral part of our everyday lives. Out of the 16 questions related to the “Guilty Myths” project, only 7 were answered correctly by more than 90% of all subsamples. Respondents were neither aware of who can make laws nor of which branch of government the government embodies. Their news consumption habits clearly confirm that the online space is the appropriate platform for knowledge transfer, with 81.7%, 97.3% and 96% respectively of respondents getting most of their information from online news portals. Institutional trust in the groups we surveyed is similar to the national representative samples, but in the national sample, the legal system is trusted less than the police, the reverse is true for law students, but in both cases the political system is trusted the least