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The Article gives a general overview of the Hungarian constitutional and legal framework for the participation of national minorities in the decision-making. The relatively low number of people belonging to national minorities in Hungary as well as the scattered patterns of their settlement and some aspects of the Hungarian legal traditions underlie the choice of the so called personal autonomy approach. The minorities can establish via a special electing mechanism local and national self-governments enjoying consultative and truly public law type rule-making and administrative competences. Having given the proper interpretation of the relevant article of the Constitution, the Constitutional Court also contributed to the birth of the Act on the Rights of Minorities. The basic reason behind the creation of a very complicated, multilevel institutional complex is that in this way, educational and cultural needs of minorities of different scale can be represented in a relatively coherent manner. This does not exclude at all the possibility of bringing modifications to the legal text in the light of a decade's experience.

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Hungarian Journal of Legal Studies
Authors: Oleksandra Kolohoida, Iryna Lukach, Valeriia Poiedynok, and Anastasiia Prokopiuk

due time, all developed corporate legal orders recognized the need of establishing a legal framework for buying out shares from minority shareholders in case of concentration of interest that, as a rule, exceeds 90%, at one person’s hands. Directive

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1 INTRODUCTION For the Austro-Hungarian Monarchy and interwar Czechoslovakia, the national issue had an existential significance. These days they are referred to as national minorities but at the time of monarchy it might have been more appropriate

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INTRODUCTION Bilateral agreements on the protection of the national minorities’ rights have existed for a long time in international law. 1 At the same time, their significance and role after the fall of the Berlin Wall have been particularly

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The aim of this study is to draw attention to national minorities as a group distinct from immigrants. Additionally, it attempts to introduce a global perspective on national minorities, specifically on Hungarians in Central Europe, where, instead of concentrating on the respective countries separately, it adopts a comparative approach. As there are no specific theories addressing the issue of national minorities from the educational point of view, immigrant theories might be a useful starting point. For example, Ogbu's categorization of minorities on the basis of voluntariness (free will) allows us to distinguish between immigrants and national minorities as two distinct categories. The applicability of Ogbu's theory on national minorities gives us a good opportunity to test the utility of his thesis in European context. Using empirical evidence from a nationally representative survey carried out in the Carpathian Basin I find little support for Ogbu's thesis. According to the data, there is a high discrepancy between the autochthonous minorities examined in the study which questions the possibility of generalisation of minorities based solely on voluntariness. Additionally, the empirical analysis testing Ogbu's concept on the example of Hungarians does not favour the thesis of oppositional culture. The Hungarian national minority as an involuntary group is not significantly disadvantaged with respect to educational attainment (with the exception of Slovakia). On the contrary, they seem to catch up with the majority i.e. the gap between majority and minority appears to be closing.

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This article discusses the position of legal anthropology among the legal sciences and its interdisciplinary character through the example of the socio-legal studies of the Hungarian Roma minority. The first part illustrates the place of legal anthropology among the other legal and social disciplines, and its role in legal thinking, by the analysis of a practical question, “What can we do to improve the social position of the Hungarian Roma minority by legal means?” The second part considers the importance of legal anthropology in the Hungarian Roma studies, briefly sketching the characteristics of the ethnological, sociological and cultural anthropological approaches. Finally, the article surveys the insights gained from the socio-legal studies of the Hungarian Roma minority over the last two decades. It highlights the inspiring results of legal anthropological studies, and also the difficulties contemporary research has to face.

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The Polish Constitution adopted on 2 April 1997, for the first time after the war, contains a provision dedicated exclusively to protecting national and ethnic minorities, however without a definition of those two categories. The legislator extended the rights of national and ethnic minorities beyond those identified in the Article 35. The extension of such rights also results from international agreements. Thus far there is no statute regulating in a comprehensive and complete manner the situation of national and ethnic minorities (the Constitution does not make its adoption mandatory), the legal regulations concerning these issues are dispersed. The problem of legal definition of the national minority appeared in connection with the initiative of the formal recognition of the Union of People of Silesian Minority. Its application has been rejected by Polish courts for the reason of non-existence of such a minority and for the attempt of abuse of the electoral privilege granted to national minorities. The Supreme Court's position has been confirmed by the Chamber and then by the Grand Chamber of the European Court of Human Rights. However the 2002 national census revealed a new phenomenon of the Silesian minority: 3% of the inhabitants of the region declared their affinity to Silesian nationality.

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Oberwart ( Osuch, 2008 ). The authorities and the Oberwart community, wanting to help the Romani minority after the 1995 terrorist attack, in which four Romani were killed, opened a company employing over a dozen of Romani women. The company cooperated with

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Brubaker, Rogers (1995): Natonal Minorities, National States and External National Homelands in the New Europe. Deadelus , American Academy for Arts and Sciences. Cambridge, Vol. 124, No. 2

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A homoszexualitás minden korban létezett: voltak korok, amelyekben elítélték, büntették a homoszexualitást, majd betegségnek, később normasértésnek tekintették. Manapság néhány országban már szabadon választott életforma. A homoszexualitást számos sztereotípia övezi ma is, amelyhez az is hozzájárul, hogy a homoszexuálisok sajátosságait nehéz felmérni rejtőzködésük miatt. Jelen tanulmány célja, hogy megtudjuk, hogyan vélekednek magukról a homoszexuálisok, illetve hogyan vélekednek róluk a heteroszexuálisok. A véleményeket a leggyakoribb sztereotípiák tükrében értékeltük. A strukturált interjúk 11 fő heteroszexuális és 10 fő homoszexuális alannyal készültek. Az eredmények azt mutatják, hogy a bűn és a betegség diskurzus, néhány kivételtől eltekintve, már nem része a sztereotípiáknak. Az is jól látható, hogy a sztereotípiáknak van valóságalapjuk, azonban sok esetben éppen maguk a homoszexuálisok azok, akik elfogadják ezeket.

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