Legal Environment of Business

pic B?BS sound environment of business Home Assignment Seminar leader Margit Racz Student hear Nurl?n S. Kurm?l?y?v Contents 1. Introduction.. .. . 3 2. The perfect order of Hungary.. .. .. . 3 1. Legislation.. .. 3 2. Execution tasks.. 3 3. discriminatory power. .. . 4 3. The thorough order of the EU. . . 4 1. Legislation. . .. . 4 2.Execution tasks.. . .. . 5 3. Judicial power. . .. 5 4. Conclusions (similarities + differences). . 6 5. Reference. 7 Introduction Aim legal philosophy is a system of rules usually enforced by a set of institutions. It shapes politics, economics and society in numerous ways and serves as a ancient social mediator of dealing between people. The aim of this assignment is to go over and make comparative analysis of the constitutional order of the Re macrocosm of Hungary and European sum total. Objective of this work Give clear understanding about the constitutional order of Hungary and European coalescency Highlight differences and similari ties Make a evidence The constitutional order of Hungary Legislation Magyar sevens is unicameral, 386 constituent highest electric organ of the state billet who ensures the constitutional order of society and determines orientation, shaping and conditions of Government. Its fragments be select for four-year term. The master(prenominal) tasks ar initiation new uprightnesss, passing laws, electing worldly concern persons and approving budget. Only fan tan has exclusive right to pass the law.after passing the laws the Speaker of Parliament sign the law and send it to professorship of the Hungary. The chairman ensures promulgation of the law. Then the law must be decl be in the Official Gazette. The main tasks and responsibilities Passing the law attends the implementation of the laws Electing humans persons (President of the Republic, the Prime look, the General Prosecutor, the members of the Constitutional tap, the President and Vice-Presidents of the State A udit Board, the President of the Supreme Court and the ombudsmen) Approving budget Concluding international agreements Ensures the working out of economical, cultural and social plans and say-so of their implementation Coordinates the work of national variety meat and ministries Execution tasks Execution tasks are managed by Government. And this authority divides into deuce rally and local level. The of import authority is central policy-making and its main decision maker bodies. The members of the government are Prime Minister and the ministers. Role of the Prime Minister is very igh he is obligated for all government policies including activities of other members of the government. As a mention above he elected by Parliament. former(a) members also responsible for their works and must report on their activities to the Parliament and Government itself. The main tasks and responsibilities Initiating new laws Controlling and manage the legal proceeding of local governm ent in cooperation with the Minister of the Internal Affairs Ensure the implementation of the law Directing and coordinating the work of the ministries and other central offices placed under its direct supervision Formulating the social and economic policies, defining the state system of social welfare and health care services, and ensuring sufficient funds for such services Controlling the armed forces operations Judicial power Hungarian justice is administered by the courts. Aims of these courts are to protect the rights and legitimate interests of citizens, ensure constitutional order and punish the perpetrators of criminal offences. Legality of the decisions of public administration is also supervised by courts.Court system in the Republic of the Hungary divides into ii 1. Ordinary courts, 2. Special courts. The commonplace courts are educated on four levels the Judgment Boards, the Court of the Capital and the county courts, the Supreme Court of the Republic of Hungar y and the last but not the least is local courts. The constitutional order of European juncture Legislation There are two bodies responsible for the legislative tasks in the EU. First one is TheCouncil of the European Union(officially theCounciland comm plainly referred to as theCouncil of Ministers) is the principal ecision-making institutionof theEuropean Union. The Council is composed of xxviinational ministers. The primary answer of the Council is to act as one of the two chambers of theEUs legislative branch. The Council is the main law-making body of the EU (on the initiative of the boot and in co-decision with the European Parliament). The Council is found in Brussels, but meets at firm intervals in Luxembourg. Second body responsible for legislative task is European Parliament. TheEuropean Parliamentis thedirectly electedparliamentaryinstitution of theEuropean Union.Its essential function is to express the will of the Unions citizen in the Community decision-making pro cess hand-in-hand with the Council, representing the interests of the element States. Together with the Council of the European Union, it forms thebicamerallegislative branch of the EUand has been described as one of the most decent legislatures in the world. The Parliament is composed of 736 Member of the European Parliament. It has been directly elected every five years byuniversal suffrage. Also the Parliament shares budgetary powers with the Council. It is situated in Strasbourg.The main tasks and responsibilities The Council Adopts the annual European Union budged with the European Parliament Determines European Commissions internal and external policy arrange actions and policies of the Member States Represents EU in relations with states and international organizations and signs international treaties on behalf of the EC The Parliament Enacts the EU commandment Adopts the EU budget (with the Council) Shares last-place decision on most proposals with Council (co-de cision procedure) Approval of international agreements Political control and supervision of the Commission Political control of the Council in external relations by giving assent to all international treaties signed by the Council on behalf of the EC Execution tasks Execution tasks of theEuropean Union are handling by theEuropean Commission. The Commission is independent of national governments. briny purpose is to represent and uphold the interests of the Union in general. The Commission is responsible for implementing the decisions of Parliament and the Council.In two words Commission managing the general everyday running of the Union like implementing its policies, running its economical, cultural and social plans, expense its funds and so long. The Commission operates as acabinet government, with 27Commissioners (one per state). The Commissioners and their immediate teams are based inBrussels. The main tasks and responsibilities Propose legislation to European Parliament and European Council Implements European policies and programs Executes the European budget Oversees policies of the MS Enforce European law (jointly with the Court of Justice) Administrate external personal matters Judicial power TheEuropean Court of Justice is thehighest courtin the European Union in matters ofEuropean Union law. Its main purpose is to make sure that European legislation is interpreted and applied in the same way in all European countries, so that the law is equal for everyone. The European Court of Justice was established in 1952 and is based inLuxembourg. The ECJ comprises one judge from each Member State, nominated by national governments and appointed by the common accord of the governments of the Member States.The decide select one member to be the President for three years. The main tasks and responsibilities In cooperation with the national courts unifying interpretation of European law through Preliminary ruling procedure Adjudicates actions filed aga inst European institution or Member State Adjudicates legal disputes between the European employees and European institutions Conclusions (similarities + differences) The comparison of Hungarian and European legislative bodies shows that in Hungary that one legislative authority (the Parliament) and in European Union two (the Council and the Parliament).However their tasks and responsibilities are virtually same, with some specific aspects. In Hungarian Parliament all members are elected by citizens, while in European Union only Parliaments members are elected by citizens of Member States. Further I fatality to consider differences and similarities of the executive power of Hungary and European Union. Main difference is their competences, in Hungary Government executes the law while European Commission only supervising this process.But overall Government of Hungary and European Commission execute or so the same government tasks (approving the budget, implementing policies and p rograms and so long). Judicial power of the Hungary aimed to protect the rights and legitimate interests of citizens, ensure constitutional order and punish the perpetrators of criminal offences. This court divides into ordinary court and special court. And European Court of Justices is tasked with interpreting European Union law and ensuring its equal application across allEuropean member states. It is composed of one judge per member state currently 27.In conclusion I want to say that differences in structure and organization of legislation, execution and judicial power are coming from the point that Hungary as a single country must organize such processes only for themselves, taking into account only their interests. And European Union must organize those processes for whole Union taking into account interests of all Member States. E. g. impartiality making process in European Union is complicated. Because it must involves the interests of the member states in the Council and t he Parliament, with the interests of the Commission.This is a reason why the constitutional order of the European Union is bigger and more complicated. Reference 1. Nigel Foster (2008) EU Law Directions. OUP Oxford Press. 2. Philip Norton (2003) National parliaments and the European Union, Managerial Law, vol. 45, issue 5/6, page 5-25 The Constitution of the Republic of Hungary online. Accessed 9th April 2010. Available from World Wide Web 3. Summaries of EU legislation online. Accessed 10th April 2010. Available from World Wide Web 4. The European Union online. Accessed 10th April 2010. Available from World Wide Web http//en. wikipedia. org/wiki/European_Union