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  • 1.
    Johansson, Märta C.
    et al.
    Örebro University, School of Law, Psychology and Social Work.
    Kelemen, Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Still neglecting the demand that fuels human trafficking: a study comparing the criminal laws and practice of five european states on human trafficking, purchasing sex from trafficked adults and from minors2013In: European Journal of Crime, Criminal Law and Criminal Justice, ISSN 0928-9569, E-ISSN 1571-8174, Vol. 21, no 3-4, p. 247-289Article in journal (Refereed)
    Abstract [en]

    This article discusses the implementation of duties to reduce the market for sexual services of trafficked persons, both adults and children. The article begins by describing the duties that stem from international and European obligations. It then presents the legislation and practice of five European states (Hungary, Italy, the Netherlands, Sweden and the United Kingdom) regarding human trafficking and the purchase of sexual acts from trafficking victims. The states in the study have introduced measures to combat human trafficking by effective prosecutions and sentencing of traffickers. They have, however, taken few measures to combat demand for the sexual services of trafficked persons; in some countries, no measures at all. As all the countries criminalise the purchase of sexual acts from children below the age of 18, the article examines whether this has afforded trafficked children effective protection against sexual exploitation. One key element in the crime of purchasing sex from a minor is knowledge of the child's age. The subjective elements that states require range from strict liability (below certain ages) to negligence, and their practice also varies. The article ends by discussing the lacunae that remain before states can be said to secure trafficked persons' right to effective protection against sexual exploitation.

  • 2.
    Kelemen [Capannini-Kelemen ], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Dissenting opinions in constitutional courts2014In: Juridicums Årsbok 2011-2013 / [ed] Catharina Calleman, Örebro: Örebro University , 2014, p. 201-227Chapter in book (Refereed)
    Abstract [en]

    Although long considered alien to the civil law tradition, the publication of separate dissenting or concurring opinions is now permitted by the majority of European constitutional courts, the only exceptions being the Austrian, Belgian, French, Italian, and Luxembourgish constitutional courts. The decades-long history of dissenting opinions in the practice of several European constitutional courts calls for an analysis.  While there is an extensive literature in the United States regarding the use of dissenting opinions, comprehensive empirical research is still absent in Europe.  American scholars have conducted research from several different points of view. Legal scholars have dealt primarily with the relationship between dissenting opinions and the doctrine of binding precedent, and have tried to solve the problem of the precedential value of plurality decisions, e.g. decisions lacking a reasoning shared by the majority of the judges.  Political scientists, for their part, have studied the policy-making role of judges and strategic opinion-writing.  Scholars of law and economics have analyzed the costs and benefits of writing separately.  Even judges themselves have often expressed their own thoughts in essays or conference speeches on the matter.

  • 3.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    A common law jogrendszerek2018Other (Refereed)
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    A common law jogrendszerek
  • 4.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Az alkotmánybírák választása Európában és hazánkban2011In: Új Magyar Közigazgatás, ISSN 2060-4599, Vol. 4, no 4, p. 2-14Article in journal (Other academic)
  • 5.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Baka contro Ungheria: La Corte EDU e l’indipendenza dei giudici2016In: Quaderni Costituzionali, ISSN 0392-6664, Vol. 36, no 4, p. 827-830Article in journal (Other academic)
  • 6.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Book Review: Katalin Kelemen on András Jakab, Arthur Dyevre & Giulio Itzcovich’s “Comparative Constitutional Reasoning”2017Other (Other academic)
  • 7.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Comparazione giuridica ed Europa dell’est2010In: Rivista di diritto civile, ISSN 0035-6093, Vol. 56, no 6, p. 861-876Article in journal (Refereed)
  • 8.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Constitutional reasoning: a flourishing field of research in comparative law2019In: International Journal of Constitutional Law, ISSN 1474-2640, E-ISSN 1474-2659, Vol. 17, no 4, p. 1336-1344, article id moz098Article, review/survey (Refereed)
    Abstract [en]

    Constitutional reasoning has been a flourishing field of research in comparative constitutional law in the past decade. This essay reviews two books that have made a significant contribution to the field. The success of these books is also shown by the fact that both were reprinted in paperback last year. The first book, as the author András Jakab declares, “provides a theory for constitutional lawyers about fundamental questions of European constitutional law” (at 1). At the same time, it serves as a conceptual foundation for the second book, which is an edited collection on comparative constitutional reasoning, and the final product of a five-year research project, involving twenty-five scholars from four continents who authored the various contributions, each examining one court’s style of constitutional reasoning. András Jakab is among the leaders of this research project (together with Arthur Dyevre and Giulio Itzcovich) and the editors of the second book. The essay will present the two books in this order.

  • 9.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Dissenting opinions: A comparative perspective2018In: Richterzeitung "Justice – Justiz – Giustizia", ISSN 1661-2981, no 4Article in journal (Other academic)
    Abstract [en]

    The essay discusses the phenomenon of judicial dissent from a comparative perspective, with special focus on European constitutional courts most of which allow the publication of dissenting opinions. It presents the most common arguments for and against the publication of dissent, discusses dissenting opinions’ difficult relationship with certain fundamental principles, such as judicial independence and legal certainty, and examines their personal dimension, i.e. the judges’ point of view. Finally, it reflects on the compatibility of dissenting opinions with the perceived role of the judge in the civil law tradition.

  • 10.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Erményi v. Hungary: The European Court of Human Rights expands the notion of privacy2017In: Quaderni Costituzionali, ISSN 0392-6664, Vol. 37, no 1, p. 185-190Article in journal (Other academic)
  • 11.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    I sistemi giuridici dell'Europa orientale2014In: La tradizione giuridica occidentale. Volume I: Testo e materiali per un confronto civil law common law / [ed] Vincenzo Varano, Vittoria Barsotti, Torino: G. Giappichelli Editore, 2014, 5, p. 193-214Chapter in book (Refereed)
    Abstract [en]

    The chapter offers an introduction to the legal systems of Eastern Europe, explaining briefly their historical development and their main features today from a comparative perspective.

  • 12.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    I sistemi giuridici dell'Europa orientale2010In: La tradizione giuridica occidentale: Volume I. Testo e materiali per un confronto civil law common law / [ed] Vittoria Barsotti, Vincenzo Varano, Torino: G. Giappichelli Editore , 2010, 4, p. 191-211Chapter in book (Other academic)
  • 13.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    I sistemi giuridici dell'Europa orientale2018In: La tradizione giuridica occidentale: Testi e materiali per un confronto civil law common law / [ed] Vincenzo Varano, Vittoria Barsotti, Torino: G. Giappichelli Editore, 2018, 6, p. 182-201Chapter in book (Other academic)
  • 14.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective2018Book (Refereed)
  • 15.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Különvélemények a magyar Alkotmánybíróság gyakorlatában (1990–2010)2018In: Közjogi Szemle, ISSN 1789-6991, no 2, p. 24-36Article in journal (Other academic)
  • 16.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    La Corte costituzionale2012In: La nuova Legge Fondamentale ungherese / [ed] Giuseppe Franco Ferrari, Torino: G. Giappichelli Editore , 2012, p. 87-100Chapter in book (Other academic)
  • 17.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    La storia costituzionale ungherese2012In: La nuova Legge Fondamentale ungherese / [ed] Giuseppe Franco Ferrari, Torino: G. Giappichelli Editore , 2012, p. 1-12Chapter in book (Other academic)
  • 18.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    The Hungarian Constitutional Court and the concept of national constitutional identity2017In: Ianus - Diritto e finanza, ISSN 1974-9805, no 15-16, p. 23-34Article in journal (Refereed)
    Abstract [en]

    In a long-awaited decision published in December (Decision no. 22/2016 (XII.5.) AB of 30 November 2016, the only one officially translated into English that year), the Hungarian Constitutional Court seems to have settled some of the questions related to the relationship between the EU legal order and Hungary’s constitutional order. In this decision, the Hungarian constitutional judges offer some guidance on two important concepts: state sovereignty and constitutional self-identity.

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    The Hungarian constitutional court and the concept of national constitutional identity
  • 19.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    The New Hungarian Constitution: Legal Critiques from Europe2017In: Review of Central and Eastern European Law, ISSN 0925-9880, E-ISSN 1573-0352, Vol. 42, no 1, p. 1-49Article in journal (Refereed)
    Abstract [en]

    Hungarian constitutional and legislative reforms have been in the spotlight since Hungary’sadoption of a new Fundamental Law, which entered into force on the first day of2012. Europe’s two leading international organizations (the Council of Europe and theEuropean Union) already issued an opinion about it the year before its entry into force,and they continued to closely follow Hungarian constitutional developments duringensuing years. The new Fundamental Law was followed by a series of new ‘cardinallaws’ and many controversial reforms. This article presents and discusses the opinionsdelivered by the Venice Commission, the European Court of Human Rights, and theeu institutions on these reforms and the different types of arguments on which theyrelied. This article also aims to present the interaction between the Hungarian governmentand Europe’s two leading organizations concerning the new constitutional settingof Hungary, focusing on the legal arguments in each case.

  • 20.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    The road from common law to East-Central Europe: the case of the dissenting opinion2011In: Legal and Political Theory in the Post-National Age: Selected papers presented at the Second Central and Eastern European Forum for Legal, Political and Social Theorists (Budapest, 21-22 May 2010) / [ed] Péter Cserne, Miklós Könczöl, Peter Lang Publishing Group, 2011, p. 118-134Conference paper (Refereed)
  • 21.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Tutela giuridica della minoranza rom nell’ordinamento giuridico ungherese2011In: La condizione giuridica di rom e sinti in Italia: Tomo I / [ed] Paolo Bonetti, Alessandro Simoni, Tommaso Vitale, Milano: Giuffre, 2011, p. 477-504Conference paper (Other academic)
  • 22.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Ungheria: Primi appunti sull'adozione della nuova Costituzione2011Other (Other academic)
  • 23.
    Kelemen [Capannini-Kelemen], Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Van még pálya: a magyar Alkotmánybíróság hatáskörében bekövetkezett változásokról2011In: Fundamentum, ISSN 1417-2844, Vol. 4, p. 87-96Article in journal (Other academic)
  • 24.
    Kelemen [Capannini-Kelemen], Katalin
    et al.
    Örebro University, School of Law, Psychology and Social Work.
    Steuer, Max
    Comenius University in Bratislava, Political Science, Bratislava, Slovakia.
    Constitutional Court of Hungary (Magyarország Alkotmánybírósága)2019Other (Other academic)
  • 25.
    Kelemen, Katalin
    Örebro University, School of Law, Psychology and Social Work.
    Dissenting opinions in constitutional courts2013In: German Law Journal, ISSN 2071-8322, E-ISSN 2071-8322, Vol. 14, no 8, p. 1345-1371Article in journal (Refereed)
    Abstract [en]

    Although long considered alien to the civil law tradition, the publication of separate dissenting or concurring opinions is now permitted by the majority of European constitutional courts, the only exceptions being the Austrian, Belgian, French, Italian, and Luxembourgish constitutional courts. The decades-long history of dissenting opinions in the practice of several European constitutional courts calls for an analysis.  While there is an extensive literature in the United States regarding the use of dissenting opinions, comprehensive empirical research is still absent in Europe.  American scholars have conducted research from several different points of view. Legal scholars have dealt primarily with the relationship between dissenting opinions and the doctrine of binding precedent, and have tried to solve the problem of the precedential value of plurality decisions, e.g. decisions lacking a reasoning shared by the majority of the judges.  Political scientists, for their part, have studied the policy-making role of judges and strategic opinion-writing.  Scholars of law and economics have analyzed the costs and benefits of writing separately.  Even judges themselves have often expressed their own thoughts in essays or conference speeches on the matter.

    Download full text (pdf)
    Kelemen-Dissenting Opinions
  • 26.
    Kelemen, Katalin
    Örebro University, School of Law, Psychology and Social Work.
    L'accesso individuale indiretto alla Corte costituzionale ungherese2014In: Diritto Pubblico Comparato ed Europeo, ISSN 1720-4313, no 1, p. 432-446Article in journal (Refereed)
    Abstract [en]

    The article discusses the individual direct access to the Hungarian Constitutional Court, focusing both on the legal framework and on the constitutional praxis. The Author devotes some remarks to the use of the preliminary constitutional reference to the constitutional court as well as on the use of preliminary reference to the European Court of Justice, specifying that under Hungarian law there is nothing like a priority towards the preliminary constitutional reference.

  • 27.
    Kelemen, Katalin
    Örebro University, School of Law, Psychology and Social Work.
    The decision-making process of European constitutional courts: A comparative perspective2016In: Diritti Comparati, ISSN 2531-9728, Vol. 1, p. 28p. 1-27Article in journal (Other academic)
    Abstract [en]

    1. Introduction. – 2. Internal court structure in comparative perspective. – 3. The prominentfigures of the decision-making process. – 3.1. The president of the court. – 3.2. The most prominentmembers of the decision-making panel: The rapporteur judge and the opinion-writer. – 3.3. Nonjudicialoffices: Law clerks and the secretary general.

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    The decision-making process of European constitutional courts: a comparative perspective
  • 28.
    Kelemen, Katalin
    et al.
    Örebro University, School of Law, Psychology and Social Work.
    Fekete, Balázs
    Peter Pazmany Catholic University, Budapest, Hungary.
    How Should the Legal Systems of Eastern Europe Be Classified Today?2014In: International Conference for the 10th Anniversary of the Institute of Comparative Law of the University of Szeged / [ed] A. Badó, D.W. Belling, J. Bóka and P. Mezei, Potsdam: Universitätsverlag Potsdam , 2014, p. 197-223Conference paper (Other academic)
    Abstract [en]

    The classification of Eastern European legal system has always been a challenge for comparatists. The rise and demise of socialism in the region complicated the picture even more. The recent developments have revealed what had already been suspected by several scholars:  the traditional conceptual framework of legal families is in a profound crisis. How should legal systems of Eastern Europe be classified today, after the collapse of the socialist regimes? We try to answer this question in our article.

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