A konzuli bíráskodás a dualizmus korában az 1891. évi XXXI. tc. létrejötte /
The domestication of consular jurisdiction in the Levant and the Far East was a common interest of the developed countries in Europe. Hence consular jurisdiction became a common practice as early as the 19' century. Hungary, however, did not have its own authorities so Hungarian citizens could...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
2004
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| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum
4 No. 1-15 |
| Kulcsszavak: | Igazságszolgáltatás - Magyarország - 1891, Bíráskodás - Magyarország - 1891 |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/7538 |
| Tartalmi kivonat: | The domestication of consular jurisdiction in the Levant and the Far East was a common interest of the developed countries in Europe. Hence consular jurisdiction became a common practice as early as the 19' century. Hungary, however, did not have its own authorities so Hungarian citizens could only turn to the commonly organised consular tribunals and appeal courts in the territories of the Austro-Hungarian Empire that were not part of Hungary. The Great Compromise, however, created a new situation in public law where, from the point of view of public administration and the concept of sovereignty, this practice could not be sustained anymore. Yet the situation remained unchanged until Derső Szilágyi appeared on the scene. The implementation of the reform was significantly hindered by the fact that, according to Act XII of 1867, this was a common foreign affair so the Hungarians had to draft the laws concerning the judicial system and jurisdiction after consulting with the Austrian Government and the Council of the Empire. The ministries of justice of the two countries held deliberations on several occasions and, ultimately, after a six-month period of consultation, the bill (which later became Act XXXI of 1891) was brought before Parliament. As far as the system was concerned, the bill outlined a fairly simple solution. Its most important innovation was the establishment of a high consular tribunal in Constantinople, while the practice at the courts of first instance was left virtually intact because this was individually regulated for each country in bilateral agreements. Whereas consular jurisdiction was only of peripheral importance in the judicial system — Szilágyi even called it an anomaly —, it still sparked off heated political debates between the government and the opposition. These debates were interesting as regards both their standard and the professional aspects involved since their subject was the Compromise Act, which was the cornerstone of Hungarian public law, as well as the union that resulted from it. Both those who were in favour of independence and the moderate Opposition saw the bill as a complete violation of the constitution and an infringement of sovereignty. The Opposition saw the obstruction of the bill in the House of Commons as a victory. Their speakers were idolised. The Liberals were also satisfied with this result. It is interesting that it came into force only in 1898, after a long period of preparation, although a few weeks later the Empire Council adopted the corresponding Austrian law. Being aware of the fact that it was controversial from a public law aspect, the government intended this to be only a provisional solution and tried as well to calm the Opposition with this notion. At the end of the day, the provisory was repeatedly renewed and it ceased only with the death of the monarchy. |
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| Terjedelem/Fizikai jellemzők: | 5-52 |
| ISSN: | 0324-6523 |