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The challenges and experiences of the electoral procedure

A választási eljárás egyes kihívásai, tapasztalatai

Author(s): Attila Mihály Nagy / Language(s): Hungarian / Issue: 1/2023

Keywords: electoral administration; electoral commissions; electoral offices; fair procedure

The aim of the study is to present the characteristics of electoral administration as a public administration task. Within this framework, it explains the basics of the electoral organizational system, the structure, and functioning of the electoral committees and offices. Following the fundamental assumptions, based on the experiences gained during the parliamentary elections and referendums conducted in a joint procedure in 2022, the publication discusses the challanges faced by the organizational system and the possible solutions available to ensure that the right to a fair procedure is fully respected in the course of election administration procedures. Issues of interpretation of the law relating to the formation and establishment of electoral bodies and the characteristics of electoral (official) procedures will also be addressed.

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Reflections on the early wokrings of the uniformity complaint procedure with special attention given to the first decision determining unjust deviation

Reflexiók a jogegységi panasz kezdeti működésére, különös tekintettel az első indokolatlan eltérést megállapító jogegységi panasz határozatra

Author(s): Ferenc Csibor / Language(s): Hungarian / Issue: 1/2023

Keywords: limited precedent system; uniformity complaint procedure; retrieal; preliminary ruling; the uniformity of the application of law

A considerable change happened in the role of the Curia as the highest court responsible for uniformity of the application of law. With the restricted precedent system coming into effect in 2020. now the uniformity of the application of law is primarily ensured by the binding power of the Curia’s decisions that have been published in the Collection of Court Decisions. Another important part of the system is the uniformity complaint procedure. A uniformity complaint can be submitted against the Curia’s decision that cannot be further opposed with revision process, if the decision contains a deviation from one of the Curia’s published decisions. If the deviation was unjustified the Uniformity Complaint Council will annul the decision, order the Curia to a new process, and will declare the binding interpretation of law, therefore strenghtening the unity of law. The goal of this study is to closely examine the first case when the Uniformity Complaint Council found unjust deviation. The examination covers the facts of the case serving as a basis for the complaint, and also the question of law that was the focus of the process, which is whether a preliminary ruling of the European Court of Justice can serve as a basis for retrial. While examining the question of law additional attention is given to the main tenets of the relevant EU literature about the institution of preliminary decision making, and the Hungarian legal procedure literature focusing on the topic of retrial.

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The Examination of The Hungarian Judical Practice of Indignity Among Public Administration Staff

A közigazgatás személyzetének méltatlansága – a bírói joggyakorlat elemzésén keresztül

Author(s): Zsófia Holecska / Language(s): Hungarian / Issue: 1/2023

Keywords: indignity; unworthiness; staff of administration; public trust; legal practice

The study aims to examine the differences in the rules on the indignity of public administration staff through the analysis of the Hungarian judicial practice. The starting point of the research is a different system of indignity rules for the actors of the public administration, which results from the functional grouping of the staff. This difference is even more evident in front of the court. The purpose of this paper is to examine and analyse these differences.Firstly, it groups the actors of the public administration using the method of comparison, giving a brief introduction to the indignity rules applicable to them. Secondly, applying the empirical research methodology, it takes into account the decisions establishing indignity contested in court among the certain actors. Thirdly, using the method of induction, starting from the legal cases of the investigation, the research tries to formulate generalizations that explain the observed differences and their justification. On the one hand, the study aims to point out the distances between legislative goals and social reality, and on the other hand, it aims to serve as a feedback to the legislator with the de lege ferenda suggestions formulated at the end of the study.

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The international political economy intersection of ICT and AI institutions

Az infokommunikációs technológiák és a mesterséges intelligencia intézményeinek nemzetközi politikai gazdaságtani keresztmetszete

Author(s): Márton Pál Iványi / Language(s): Hungarian / Issue: 1/2023

Keywords: ICT; AI; innovation; IPE; history

The links between the broader Information and Communication Technology (ICT) context and Artificial Intelligence (AI) can be described in several ways: from the perspectives of history, international political economy, and technically, among others. This paper aims to illustrate this threefold coverage from the beginning to the present day, focusing on the main state-related and transnational moments in the history of AI. The emerging convergence of ICT and AI today, which were originally two distinct fields, can be easily traced by analysing the very diverse range of services offered by some nationally backed transnational companies, including AI. The processes of convergence that are thus taking shape are also a source of criticism in international political economy, particularly in the light of certain technical features that are discussed here rather in more general terms. Concentrations are above all in the USA and increasingly in the Far East, and for decades have been characterized by the patronage of innovation by the great powers, and the problem of Big Data nowadays.

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The Influence of the Composition of Judicial Panels on Administrative Court Procedures

A társasbíráskodás szerepe a közigazgatási perekben

Author(s): MARCELL FÉNYES / Language(s): Hungarian / Issue: 1/2023

Keywords: administrative court procedure; proceeding in a panel; composition; judicial administration;

The Act I of 2017 of the Administrative Court Procedure has brought a fundamental change to the composition of courts proceeding in administrative cases which this paper aims to examine. The Act returned to the constitutional principle of adjudicating in panels at first instance. However, this change also affected the administration of administrative divisions of courts. Besides tackling theoretical issues, the paper presents empirical findings and reflects on an empirical research of how are courts of first instance following the principle of adjudicating in panels in administrative court procedures.

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Autonomy of local governments: what will change, what will remain?

Helyi önkormányzati autonómia: mi változik, mi marad?

Author(s): Katalin Adél Rámhápné Radics / Language(s): Hungarian / Issue: 1/2023

Keywords: local government; autonomy; reduction of autonomy; public authority

In Hungary, the autonomy of local governments has always been an important issue in balancing local democracy with central state control. Looking back over the past 35 years, the issue first gained particular importance during the 1989-90 regime change. The reform of local government in 2012 brought the issue of autonomy back to the forefront, with a change of model that affected both the substance and form of the autonomy of local governments.The present study focuses on the issue of the autonomy of local governments. After a brief overview of the meaning of autonomy and the basic elements of local government autonomy, I will examine the changes in the extent of local government autonomy by tracing specific legislative changes. In conclusion of the research findings, it can be said that in the last few years in Hungary, the autonomy of local governments has faced serious challenges due to the changing political environment.

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Damages caused by the use of artificial intelligence in public administration

A mesterséges intelligencia közigazgatásban való felhasználásával okozott kár

Author(s): Tamás Bicskei / Language(s): Hungarian / Issue: 1/2023

Keywords: artificial intelligence; liability of public authorities; damages, chatbot; administration - public administration - European public administration;

In this paper, I present the relationship between liability for administrative damages and artificial intelligence (AI). It examines the AI systems used in public administration, explores the AI’s legislative and historical background, and describes the related liability issues. It will be concluded that – taking into account the current state of science and the legal environment – the systems currently used in Hungarian public administration cannot yet be considered as autonomous AI, so that in their case there is no relevance for the analysis of liability in comparison with AI. Through the Hungarian legal literature and judicial practice, I will examine how, if “real” AI systems were used in the public administration and the AI Liability Directive were transposed into the Hungarian legal system, the court could use which instrument to examine the existence of liability for damages.Finally, a chatbot providing information to customers within the framework of a customer portal will be analysed. This AI system, in our view, may be capable of causing damage through the exercise of public authority by misrepresentation in the current legal and technological environment.

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The present and possible future directions of climate litigation

Az éghajlatváltozással kapcsolatos perek jelene és jövőjének lehetséges irányai

Author(s): Fruzsina Bögös / Language(s): Hungarian / Issue: 1/2023

Keywords: climate change; climate litigation; Paris Agreement; courts

Climate change is arguably the greatest environmental challenge of our time. Responses to this challenge are being developed at international, regional and national levels, as well as at political, scientific and societal levels. Climate change litigation is one of society’s responses to climate change, aimed at pushing policymakers to take action or to take more ambitious measures. Climate litigation started with civil lawsuits against companies but has by now evolved into multi-jurisdictional disputes – among others – against states, mainly due to insufficient action by policymakers. The picture of climate litigation in Europe changes almost from day to day, but there are nevertheless some trends that we can expect to emerge shortly or have already emerged but will gain more ground in climate litigation soon. The paper first presents the brief history of climate litigation, followed by a detailed discussion of the present and possible future directions of climate litigation.

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Different panels of judges in the Kúria create different practice

Ahány tanács, annyi szokás a Kúria azonnali jogvédelemmel kapcsolatos gyakorlatában

Author(s): Krisztián Kis / Language(s): Hungarian / Issue: 1/2023

Keywords: immediate legal protection; extraordinary judicial review before the Kúria; suspensory effect to final judgements

By the promulgation of the autonomous Code of Administrative Court Procedure, the legislator created the instrument of immediate legal protection (azonnali jogvédelem) and allowed administrative courts to temporarily settle the problematic situation at the heart of a legal dispute, thus ensuring effective legal protection. At the same time, immediate legal protection can be used not only in the course of a first-instance trial, but also in extraordinary review proceedings before the Supreme Court of Hungary, Kúria. The legislator applied a reference-rule technique when creating the framework of immediate legal protection in the proceedings mentioned above. When interpreting it, the Kúria faced several problems. In this paper, I will primarily examine whether the Kúria can order the suspensory effect of the petition for extraordinary review to the final judgement based on the motion for immediate legal protection submitted by the defendant authority. In this conceptual issue, different panels of the Kúria took different positions. To demonstrate the problem, I will analyse the case-law of the Kúria and I will use dogmatic arguments to support why the Kúria has indeed the power to order the suspensory effect also to the final judgements.

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Critical mass

Kritikus tömeg

Author(s): Bertold Baranyi / Language(s): Hungarian / Issue: 1/2023

Keywords: e-Administration; attorneys; chambers; critical mass

More than twenty years have passed since Hungarian law recognised electronic documents with appropriate electronic signatures as equivalent to paper documents. In principle, this opened the way for electronic administration not only in civil law relationships but also in public authority procedures. Nevertheless, it took more than 15 years before the use of ICT tools became common practice in public administrations. Yet there was no shortage of legislation and budgetary resources. In this paper, I will examine – mainly by analysing the legal background and statistical data – how, after many years of partially or entirely fruitless attempts, electronic communication has become commonplace in legal procedures after 2018. In particular, I am looking for an answer to the question of whether lawyers and the professional chambers of the judiciary have constituted a critical mass in this, both literally and figuratively.

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The protagonist of European public administration: the European Commission

Az európai közigazgatás főszereplője: az Európai Bizottság

Author(s): András Torma / Language(s): Hungarian / Issue: 2/2023

Keywords: European integration; sovereignty; European public administration; EU institutional system; European Commission; Lisbon Treaty

The European Union, established by the Maastricht Treaty concluded in 1992, implemented and continues to implement cooperation between (nation) states unprecedented in world history. The EU is not a classic international organization, nor it is a federal state, somewhere between the two categories of public law. The same special public law situation can be demonstrated in the EU institutional system as a whole, but especially in the case of the European Commission, the key actor of European public administration. The dissertation presents the Commission's history, tasks and powers, organizational structure and operation, and then draws the necessary conclusions. Are you looking for an answer to the question of whether the Commission, as the protagonist of European public administration, is the engine of integration, as in the past, or rather as an enforcer of self-interests, rather a brake on it, or perhaps a role model for illegal operation?

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Comparative analysis of personal data processing and the right to freedom of expression and information in the UK, Italian and German regulatory regimes

A személyes adatok kezelése és a véleménynyilvánítás szabadságához és a tájékozódáshoz való jog összehasonlító elemzése az Egyesült Királyság, Olaszország és Németország szabályozási rendszereiben

Author(s): Gábor Hulkó,György Marinkás / Language(s): Hungarian / Issue: 2/2023

Keywords: GDPR; processing of personal data; freedom of expression; right to information

The General Data Protection Regulation, or GDPR, requires Member States to reconcile the right to the protection of personal data with the freedom of expression and the right to information in law. Member States may adopt derogations and exceptions in this respect. The focus of our comparative legal research is to examine the exceptions and derogations adopted under Article 85(2) GDPR and notified under (3) in selected EU countries, Germany and Italy, and one former EU Member State, the UK.

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The right to effective remedy in the field of digital services

A hatékony jogorvoslathoz való jog a digitális szolgáltatások terén

Author(s): Péter Váczi / Language(s): Hungarian / Issue: 2/2023

Keywords: good public administration; right to fair trial; effective remedy

The Digital Services Act aims to create a safer digital space where the fundamental rights of digital service users are protected and a level playing field for businesses is created. The Act introduces important safeguards to ensure that citizens are free to express their views on the enhanced role of users in the online environment and to exercise their other fundamental rights, such as the right to an effective remedy. As regards the feasibility of the latter, it is worth examining: what does the right to an effective remedy mean and what European standards must be met to achieve it?

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The practice of authority and administrative contracts in domestic and foreign case law

A hatósági és a közigazgatási szerződések gyakorlata a határon innen és túl

Author(s): Zsolt CZÉKMANN,Eszter Czibrik / Language(s): Hungarian / Issue: 2/2023

Keywords: administrative authority procedure; authoritative contract; administrative contract; Verwaltungsverfahrensgesetz; öffentlich-rechtlicher Vertrag

A special type of decision in the administrative authority procedures is the authority contract, which is still relatively new in Hungary, as it was implemented into our legal system with the entry into force of the previous Act on Administrative Procedures and Services. However, in the international arena, the emergence of this legal institution goes back further in time. In our study, we will look at the international practice of administrative and authority contracts, comparing the common and different elements that can be observed between the rules of domestic and foreign states. In addition to the practical approach, we also focus on theoretical issues. In Hungary, these legal instruments are still new and have not yet been widely applied by the legislator. In our study, we will examine the practices of some countries, which could serve as a model for our legislation.

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The legal and social framework of the digitalization of Hungarian tax administration procedures and services, its challenges

A magyar adóigazgatási eljárások és szolgáltatások digitalizációjának jogi és társadalmi kerete, kihívásai

Author(s): István Szalóki / Language(s): Hungarian / Issue: 2/2023

Keywords: eIDAS; digital maturity; electronic tax administration; electronic taxation

In this paper, I would like to present the last, almost one decade European Community law and social framework which effected the digital transformation of tax administration processes and services by the hungarian tax administration. My goal first of all is not to present detailed regulation or each services details, but also I would explain this frame of law regulation causes, reasons, on the basis of which the Hungarian tax authority or the tax authority of any member state „relied on Itself” during the development of electronic tax administration procedures. The Community legal regulation in this area can be considered to deficient, but flexible from another point of view. The regulation’s bigest mistake that it looks like the policies first of all technicals, informaticals are in nature, while their legal contents, legal effects are „theoreticals” or missing. The Communtiy law’s creator gives that appearance that the first goal is use of the technology, secondly the user matters, who really use it.In addition, it cannot be neglected either, the fact that the direction and degree of the digital transformation is essentially determined by the digital maturity of the given society. The society’s opinion make a really huge effect that a tax administration re-controll its result of work. If the society’s maturity of digitalization is not high enough than this calculation maybe give a wrong result. In this study, I aim to present these factors in a summary manner.

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Limitations of autonomous municipal legislation

Az autonóm helyi jogalkotás korlátai

Author(s): Balázs Kristóf Cseh / Language(s): Hungarian / Issue: 2/2023

Keywords: local government; local government legislation; participatory instruments

More and more aspects of local government autonomy have been challenged in the recent years. For local authorities, which are redefining their tasks, legislative capacity is of paramount importance, especially the original legislative powers to create new legal instruments to meet the requirements of the 21st century. One of the areas in which local government is working is the development of new mechanisms for public involvement and the creation of new legal instruments to facilitate participation. However, legislation to this end is often difficult in the current legal environment. This paper illustrates the challenges faced by local legislators when trying to develop new instruments for public participation through the creation of a participatory instrument by the Municipality of Budapest. To this end, after a brief introduction to the legislative context of local legislation and the instruments of local participatory democracy, it traces the codification process, presents the resulting legal instrument and explores the dilemmas that arose during the process of public consultation, impact assessment and the incorporation of the codification into the legal environment, as presented in the legislation.

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The limits of subjective legal protection in land reparcelling cases concerning roads

A szubjektív jogvédelem korlátai az utakat érintő telekalakítási ügyekben

Author(s): Bettina Kozák / Language(s): Hungarian / Issue: 2/2023

Keywords: regulatory line; public road; private road not closed to public traffic; local building regulations; interpretation of the law

The plot restructuring procedure is a special procedure that must satisfy both the real estate registration law and the construction law requirements. With regard to the need to maintain the regulatory lines, which are subject to construction law requirements, judicial practice over the last ten years or so has significantly softened the rule that the plot must be formed along the regulatory line, moving in the direction of subjective legal protection. The last ten years or so have also seen the development of a “bad practice” whereby the notarial authority did not, or at least not always require that the area designated as a public road in the local building regulations should actually be converted into a public road in the context of the plot restructuring procedure, but accepted it, even if the name of the property created after the plot restructuring became a private road not closed to public traffic. The situation was further aggravated by the fact that these plot restructurings were generally entered in the real estate registry without the private roads not closed to public traffic actually being built. The resulting illegitimate situation was also taken up with the building control authorities.

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Artificial intelligence and public administration

A mesterséges intelligencia és a közigazgatás

Author(s): Gergely Rideg / Language(s): Hungarian / Issue: 2/2023

Keywords: artificial intelligence; public administration; challenges of regulation; risk; European Union

The use of artificial intelligence (AI) in public administration and the cross-border nature of the technology justify regulation in the European dimension. In addition ot he definition at European level, it is important to develop standards for applications. These standards are key in terms of transparency, publicity, public interest representation, consistency and non-contradiction, helping to manage the risks posed by AI and to create legal certainty. The use of AI in public administrations raises a number of challenges, including reliability, transparency and changes in the labour market. The OECD emphasises the role of governments in research and development of sound AI, and in the development of standards and ethical guidelines. OECD documents analysing the areas of application of AI show that AI can be applied in many areas of public administration, such as welfare services and increasing operational efficiency. The application of artificial intelligence in public administration is a complex and sensitive area that exceeds the scope of this study. The interpretation of research results and answers related to the risks posed by technology, as well as the question of responsibility, are important topics. At the same time, it is a fact that the application of AI can create new opportunities, for which the study provides several examples.

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Evolution of the relationship between public administration and the client in brief

A közigazgatás és ügyfél kapcsolatának fejlődése röviden

Author(s): Ferenc Varga / Language(s): Hungarian / Issue: 2/2023

Keywords: client rights; citizens’ rights; principles; right to fair administration

In this article I will attempt to give a brief overview of the relationship between administration and the client. With the emergence of communities, there naturally appeared a range of issues that affected the whole of society and whose effective resolution was felt to be the responsibility of all. The initial hierarchical systems, concentrated in a single hand, were able to achieve relatively spectacular results, which were relaxed in early feudalism, with the emergence of individual small (mainly feudal) communities and the disintegration of large empires. The early, more disorganised forms of administration were replaced by a more organised bureaucratic system based on a division of labour based on expertise, with the emergence of monarchies in the 18th century. In the continental legal order, the emergence of chamber law, administrative law as a separate branch of law, and while Anglo-Saxons’ system, the development of a patronage system, the world wars everywhere showed that effective management can only be achieved through an administration based on organisation and performance. The theories underpinning these efforts, in the domestic administration, typically received or followed, did not emerge until the 20th century, although the Prussian organisation of the state could have been typical from the 16th century. The changes in administrative systems have also naturally shaped the status of the subjects - from subject to citizen, and then to citizen, at the mercy of laissez faire economic policies, to equal client of the service administration.

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State responsibilities for educational and housing segregation

Az oktatási és lakhatási szegregációval kapcsolatos állami feladatok

Author(s): Felícia Laura Sváb-Repponi / Language(s): Hungarian / Issue: 2/2023

Keywords: segregation; integration; inclusion, child protection; equal treatment

The phenomenon of segregation and its forms of appearance have been one of the central issues of the disciplines dealing with child protection, social inequalities and poverty, especially sociology and pedagogy for years. In addition, there are numerous initiatives and model programs provided by the state and NGOs aimed at dealing with segregation or desegregation. Within this extremely relevant field, the aim of this study is to focus on the duties of the state in regards to disadvantaged children in child protection services, specifically those affected by educational and housing segregation. The subject of this research is also to look at the relevant legislation in Hungary and internationally, especially the European Union's projects related to the fight against segregation. In addition, the main question of the present study is the obligations of the state in the management of segregation as a phenomenon and the protection of the affected groups (especially children in this context), by examining relevant guidelines and best practices.

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