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Současná právní úprava pojištění odpovědnosti za škodu způsobenou provozem motorových vozidel, její úskalí a hranice

Author(s): Milan Hradec / Language(s): Czech Issue: 4/1995

At present, the liability insurance for damages caused by the operation of motor vehicles is regulated by the decree No. 492/1999 Coll. taking effect as of 1 January 1992, later amended by the decree No. 582/1992 Coll., decree No. 327/1993 Coll. and decree No. 246/1994 Coll. Even though the concept of the liability insurance is a functional one, there appear (in connection with the rapidly growing motorism in the Czech Republic and, subsequently, a growing number of accidents) thoughts whether the valid legal regulation is sufficient or whether another different regulation that would better serve the new needs, should be adopted. In the article, the author has tried to point at the growing difficulties of the mentioned situation concerning the sphere of compensations for damages caused by the operation of motor vehicles. According to the author, the mentioned problems are the consequence of a vast number of accidents incurred. Furthermore, the author together with specialists from Česká pojišťovna a. s. (Czech Insutance Company) has tried to find a solution of that situation by means of a part poll with respondents on that topic.

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A választási eljárás egyes kihívásai, tapasztalatai

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

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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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

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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A közigazgatás személyzetének méltatlansága – a bírói joggyakorlat elemzésén keresztül

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

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

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

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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Helyi önkormányzati autonómia: mi változik, mi marad?

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

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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A mesterséges intelligencia közigazgatásban való felhasználásával okozott kár

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

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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Az éghajlatváltozással kapcsolatos perek jelene és jövőjének lehetséges irányai

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

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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Ahány tanács, annyi szokás a Kúria azonnali jogvédelemmel kapcsolatos gyakorlatában

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

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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Önkormányzati autonómia – alkotmányos alapjog vagy személyiségi jog?

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

The main function of local governments is autonomy. Initially, the elements of this were fundamental rights protected at the constitutional level, but today they have only become groups of powers - with a focus on local public services - which were also laid down by numerous decisions of the Constitutional Court, putting local self-government on a new foundation. In addition to constitutional law, local governments also have a special place in civil legal relationships, as they play a dual role both in terms of public law and private law. How can local government autonomy be interpreted? Can it be understood as a fundamental constitutional right or a kind of special personal right? Although CLXXXIX of 2011 on the local governments of Hungary the law - in contrast to the Constitution - grants the lawful exercise of the duties and powers defined in Article 32 (1) of the Basic Law to the constitutional court and judicial protection, in the event of an almost apparent violation of autonomy, there is currently no system that could provide effective protection as a counterweight to the central government to operating organizations. That is why, if we interpret autonomy as a special personal right, a further way can be opened in terms of ensuring the legal protection of local governments. In the study, I am looking for the answers to the above mentioned questions mainly through constitutional court decisions - based on the legal dogmatic method.

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A magyar energiajogi szabályozásba bevezetett regulatory sandbox klauzulák

Author(s): Richárd Holló / Language(s): Hungarian Issue: 1/2023

The study examines regulatory responses to a flexibility conflict that, following Max Weber, is a tension between the so-called reality requirements and the rigidity of the regulatory environment. Energy regulation has been highly evaluated in recent years due to the COVID-19 pandemic, the energy crisis in the wake of the Russian-Ukrainian war, and climate change. The urgency of green transition and the need for a stable yet sustainable energy supply have required the legislator to develop regulatory models that can both facilitate innovation and maintain secure and predictable regulation. Experimental legislation captures these new types of models. Within this concept, the study focuses on so-called regulatory sandboxes recently introduced into Hungarian energy legislation and the experimental clauses that institutionalise them, assessing and illustrating the nature and direction of such regulation. The study draws on the experience and lessons of international practice to illustrate the strengths and identifiable weaknesses of Hungarian regulation. The second part of the study assesses the potential of sandboxes, particularly in the light of developments brought by emergency legislation significantly affecting the energy sector. The aim of the study, in addition to presenting the regulatory framework, is to facilitate the application of regulatory sandboxes to make space for energy innovation.

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Kritikus tömeg

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

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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Önkormányzati közszolgáltatások elméleti és gyakorlati aspektusai

Author(s): Eszter Czibrik,Gergely Cseh-Zelina / Language(s): Hungarian Issue: 1/2023

By now, we can say that local governments are being pushed into the background in many respects; numerous tasks and responsibilities have slowly migrated to the subsystem of state administration. This is exemplified by the 2020 legislative amendments, which brought about a hurricane-like upheaval in the long-standing practices of the construction industry. Nevertheless, issues related to the provision of public services are still closely connected to local governments. In our study, we approach the above-mentioned topic from two perspectives, starting with conceptual comparisons, followed by theoretical and practical questions.In 2010, István Hoffman stated that local governments play a defining role in the provision of public services. Although the scope of local government public services has narrowed since 2010, we can still say that local governments remain significant factors today. In relation to the topic, our study aims to provide a comprehensive overview of the provision of public services and its forms. After a theoretical introduction in which we examine the fundamental concepts of public services and the basis of the domestic strategy, we shift our focus to the narrower topic of various forms of service delivery, with particular attention given to local governmental modalities. Subsequently, we discuss various aspects of public service contracts. The study not only approaches the examined topic from a theoretical standpoint but also addresses practical questions.

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Regulation of social media's public law liability in the Visegrad States

Author(s): Márta Benyusz,Gábor Hulkó / Language(s): English Issue: 1/2021

Social media and media platforms have fundamentally changed the traditional ways of social communication, expression and declaration, as well as access to information. The novelty and social significance of social media poses challenges that legislation can only follow after some delay. The speed of technological development outpaces the improvement of legal regulation, which, in the most necessary cases, tries to deal with the situation in a reactive manner. This study examines the trends and tendencies in the regulation of social media, focusing mainly on its responsibility and liability for user-uploaded content, for content removal and possible administrative or other interventions in the Visegrad states.

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Taxation of novel tobacco products with excise duty

Author(s): Mariusz Charkiewicz / Language(s): English Issue: 1/2021

Under EU law, certain excise goods are subject to excise duty. However, EU Member States may also levy this tax on products other than excise goods. One of such products are innovative tobacco products. These products are becoming more and more popular on the European and world market. In Poland, these products are considered excise goods. The aim of the article is to analyze and evaluate the applicable legal solutions regulating the issue of taxation with excise duty on innovative tobacco products, in the light of EU and Polish law.

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Opportunities for central (regional) government to intervene in decisions and operations of local governments in Hungary

Author(s): István Hoffman / Language(s): English Issue: 1/2021

The regulation of the relationship between central and local government in Hungary has undergone significant transformation in the last decade. The government has robust tools to control local activities, just these tools are rarely applied by the supervising authorities. The main transformation of this relationship can be observed in the field of public services. The formerly municipality-based public service system was transformed into a centrally organised and provided model, thus the role of local governments in Hungary has decreased. The centralisation process was strengthened by reforms during the COVID-19 pandemic.

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Communications as a networked public service – What is left of public service in a liberalised competitive market?

Author(s): András Lapsánszky / Language(s): English Issue: 1/2021

The study includes the results of detailed research on what public service means among networked services. In this context, by means of a comprehensive analysis it defines the main conceptual elements, characteristics and the distinguishing criteria of public services from other services. The study groups the types of public service on a theoretical basis. Using communications as an example, it demonstrates what state, public interest and public service elements remain in the market of these services, in the competitive market environment, after the liberalisation of public services. The main question examined is whether any public service content is necessary for the functioning of market competition on the basis of consumers, public policy, the state, the provision of services and market considerations, or whether liberalisation solves everything by placing a public supply system into market competition and privatising it. The research concludes that in all cases and types the public interest operation of the “former public service” still requires certain public service elements, which the study presents along scientific grounds.

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LEGAL STATUS OF COMPLIANCE OFFICERS – OPEN ISSUES

Author(s): Mihaela Braut Filipović,Sara Madžarov Matijević / Language(s): English Issue: 1/2024

Legislators only sporadically regulate the compliance function within companies, primarily in the financial sector. The primary task of compliance officers (CO) is to ensure that the overall business operations comply with legal norms. When discussing the potential liability of compliance officers, it is necessary to analyze their legal position within the corporation. The liability of compliance officers should primarily be considered as the employee’s responsibility towards the employer. From the perspective of corporate law, the theoretical background should focus on whether compliance officers have a distinct legal status within the company. The authors aim to contribute to the discussion on potential changes in corporate governance, where corporate officers such as compliance officers gain more influence, and to raise awareness of the precarious position of compliance officers under current solutions of both the Anglo-American and Continental European models.

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REFERRAL VERSUS SERVICE OF AN ADMINISTRATIVE DECISION TO A NON-PARTY TO THE CASE

Author(s): Aleksandra Główczewska / Language(s): English Issue: 101/2023

The main purpose of the article is to highlight the differences between the concepts of referral and service of an administrative decision to a non-party of an administrative proceeding. In this context, it is particularly important to analyse the case law of the administrative courts, mainly the recent ones, and the views of the doctrine. The main issues relating to both concepts concerning the party of an administrative proceeding have been indicated. The article also concerns the service of a decision to a deceased person. The consequences of an improper service of an administrative decision have been discussed as well.

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INTENSIFICATION OF DIGITALIZATION OF PUBLIC ADMINISTRATION AND THE DIGITAL DIVIDE

Author(s): Agnieszka Ziółkowska,Anna Gronkiewicz / Language(s): English Issue: 101/2023

Currently, in Poland, the process of digitalization of public administration and public services has reached an exceptionally fast pace. On the one hand, this phenomenon is an expression of the state’s attempts to improve the functioning of public administration and keep up with the changes taking place throughout Europe and the world, and on the other hand, it is a serious threat to social groups at risk of digital exclusion. At the same time, the actions taken so far are not comprehensive and ignore key issues such as digital and media education and care for the digital culture of society.

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