Essays of Faculty of Law University of Pécs Yearbook of 2016

(...) The main objective of Act CXXV of 2003 on equal treatment and the promotion of equal opportunities is to promote conformity with the principle of equal treatment, including - inter alia - the legal relationships of municipalities. In performing the policing duties of municipalities, more specifically concerning the jobs of public domain supervisors and assistant community support officers, significant differences can be observed in the rules pertaining to the same types of employment of the Acts (Mt. and Kttv.) governing these jobs. In meeting their law enforcement tasks, municipalities may engage per- sons in assistant community support officer positions as employees, employed either directly by the municipality or, in special cases, within the framework of temporaiy agency work. However, as far as the requirements of equal treatment are concerned, the joint application of the two types of employment highlights problematic situations, which may also occur in other fields of temporary agency work or employment in general. The purpose of this study is to reveal the aforesaid problems and inequalities, and to provide suggestions regarding the elimination thereof with due consideration of EU directives. Keywords municipal law enforcement work, public domain supervisor, assistant community support officer, temporary work agency activities, equal treatment, derogations from equal treatnient The main objective of the Act CXXV of 2003 on equal treatment and the promotion of equal opportunities (hereinafter: Ebktv. Act) - as the title of the study implies - is to ensure and observe equal treatment, inter alia by the Hungarian State, the local and minority self-governments and the bodies thereof, in the course of establishing relationships, in their relationships, in the course of their procedures and measures. This includes employment relationship qualified by the law as employment, and (special) public service relationship as well. While preparing for this survey, however, I was confronted with cases relating to the above-mentioned legal relationships, where the principle of equal treatment, defined as a priority also in the respective directives of the European Union, is not applied. Thus, the two types of employment relationships underlying this study are employment, and public service relationship. Employment is governed by Act I of 2012 on the Labour Code (hereinafter: Mt. Act), while to public service relationship the respective rules of the Act CXC1X of 2011 on public servants (hereinafter: Kttv. Act) are to be applied.