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Within the framework of the research project examining the responsiveness of the Hungarian legal system, special attention was paid to administrative law and within that, to the administrative procedural law that is decisive for clients. The COVID epidemic that has broken out before the research was completed and the associated emergency legislation has given special relevance to further research.
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The purpose of a supervisory control is to enable the responsible institution to obtain a comprehensive and reliable picture of all or part of the controlled institution’s activities and to make use of the experience gained from the control. Such an activity may cover, for example, staff management, the disciplinary situation, issues relating to the application of the law, the way in which files are handled or the way in which the body is managed. By the end of the 1970s, the need for a unified system of control and supervision had arisen, which took the form of Council of Ministers’ Decree No. 50/1977. (XII. 21.) MT on State Control. The change of regime led to the abolition of the socialist system of state (supervisory) control, which was understandable in the changed circumstances, but which meant that the central administration lost one of its most important information bases. The comprehensive legal regulation of a supervisory control under the new circumstances has not yet been completed. There have been proposals in jurisprudence, but their impact on practice has remained partial, with legislative products solving only partial issues rather than providing comprehensive answers in specific legal terms [e.g. Government Decree No. 86/2019. (23. IV.) on the capital and county government offices and the district (capital district) offices]. In my opinion, it would be important to elaborate a general system of supervisory control rules instead of/alongside the existing administrative law solutions, with regard to guarantee considerations and efficiency aspects.
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We often emphasize that public administration can not be sidestep in our lives, which is, in our view, exponentially true in the case of real estate registry. It is almost inconceivable that a citizen should not encounter land registry procedures during his or her lifetime. Today, the existence of modern states is inconceivable without real estate registers, as they are related to the realization of certain state functions. In Hungary keep a record of real estate and land registry dates back several centuries. We have reached the next milestone in this historic process, as from February 2023, the regulation of real estate registration will be on a new base. In the summer of last year (in 2021), the new law on real estate registry was passed, which is a central element in our present research. In our study, we examine the novelties regulated in the new Real Estate Registration Act, we focus on procedural issues, and before all this, we focus on the history of regulation.
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The Commission Regulation (EU) No 330/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (hereafter: the old VBER) expired on 31 May 2022. The old VBER and the related Guidelines on Vertical Restraints (2010/C 130/01) have been the most authoritative EU source of vertical restraints law for 12 years. The aim of this study is to compare the revised text with the old text, where relevant, focusing on the old VBER and the provisions of Commission Regulation (EU) 2022/720 of 10 May 2022 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to vertical agreements and concerted practices, and thus to highlight the areas in which the previously applicable rules have been supplemented and amended, and the content of the amendments. Before doing so, however, it seems appropriate to briefly outline the competition test for the legal assessment of restrictive agreements, since in the absence of factual conduct, there is no reason to consider the applicability of any block exemption regulation, at least from a legal-dogmatic point of view.
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The purpose of (public) administrative activity is to take decisions and, within this framework, to produce certain legal effects. In order to take effective decisions, public administrations, whether they are governmental or public authorities, need information first and foremost. Today, technological progress enables public administrations to take decisions quickly, with the support of electronic tools, and to process large amounts of data at a high level. However, the impact of the use of advanced ICT tools and technology goes beyond the boundaries of public administration and raises a number of questions that need to be answered. The complexity of the problem is illustrated by the fact that legal (strategic), technological, social and financial aspects and challenges are all at stake.
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This paper analyzes and examines the organizational changes that have taken place in the county-level archival administration from the 18th century to the present day. The sustainability of the organizational (budgetary) framework defined after the regime change was questioned in the next two decades, so – like other segments of the public administration – several professional (political) decisions concerning the organizational system of the archives were published. This paper concluded that a more efficient solution in the sector is a territorial organizational structure that is part of a hierarchical system than an institutional structure based on a decentralized organization and maintained by the local government. As a result of the current regulation, the central (state) management can create the same conditions and show a unified direction for functional (finances, operation, coordination) and professional tasks. However, it does not exclude the enforcement of local interests and peculiarities.
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In the 21st century, the two-tier systems of administrative tools that have most influenced the legal status of the members of society: administrative legislation, and law enforcement, have faced several social challenges (global economic crisis, refugee crisis, regional epidemics, and pandemics). The challenges of the 21st century require administrative intervention to provide rapid, accurate, and effective responses to the problems that arise, while ensuring legality and the protection of the rights of members of society. The first answers to social problems are provided by sectoral regulations, which may conflict with general procedural rules. The study analyses general administrative decisions and reviews their points of conflict with general procedural rules. The study concludes with a proposal.
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The study, entitled current events of the administrative control of lawyers, examines part of the activities of the Hungarian territorial bar associations as public bodies performing administrative tasks and powers. The study deals with specific issues arising from the existence of public bodies, which are situated between the field of private and public law. The dual image of the chambers also affects the way the task is performed and its financial coverage also. One can find in the study the scale of official controls, issues relating to competence, the annual risk classification and its redress, the imposition of checks and their effective practical implementation, as well as the timely issues of custody checks within the framework of tasks and administrative competences. The study contains some recommendations for the future, in which directions it is possible to deepen and extend the regulatory controls of the Bar Association. The proposals include the domestic introduction of the „CARPA” system, which may be established on the French modell, the interconnection of the available registers and the possibility of introducing a single management programme.
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The obligation to proceed is an important legal institution closely linked both to the principle of the rule of law, particularly the legality of public administration, and to the right to good administration. It is embedded in a broader system of failures to act, in which a number of legal instruments are intended to provide legal protection against administrative inaction for persons harmed by such omissions. The study first examines the conceptual system established in Hungarian law and its gradual development. It then briefly describes the most important rules of the action against failure to act available since 2018. The system of internal administrative remedies has also changed a lot in recent years, which has also affected the possibilities of parties to protest against the breach of procedural obligations, so the study will also present these developments, placing the recent decision of the Curia case law on the precondition of an action against failure to act into the context of the legislative developments of recent years.
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The primary aim of the study is to show the development of the Hungarian government offices. This history, which now stretches back over a decade, has several distinct stages and events that have defined it. In the context of this study, the events of the period 2011-2015 and the reforms of the period 2016-2017, as well as the administrative transformations of the period 2018-2020, will be examined separately. The work focuses primarily on organisational issues, but also necessarily touches on the relevant issues of the system of tasks, governance, supervision and control, administrative procedural law and administrative staff.
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Consumer protection, as a substantive law at the border between public and private law, seeks to enforce consumer rights through two sets of instruments: the maintenance and operation of consumer protection institutions as part of the executive branch, and the provision of judicial and extra-judicial enforcement. In this paper, we will examine the development and transformation of consumer protection 'administration', with a particular focus on the cardinal changes in the organisational system that have fundamentally reshaped the organisational, operational and procedural issues of domestic consumer protection as we approach the present day
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COVID-19 has an impact on all aspects of life, sometimes literally paralysing it. This is one of the ways in which governments around the world responded to the outbreak by closing borders in response to the dynamic spread of the infection.On 17 April 2020, 17 Schengen states notified the European Commission of the reintroduction of border controls. The closures were the real test of the EU's consular protection policy, as a large number of EU citizens were stranded in third countries where their return was hampered, if not impossible. The question arises as to how consular protection cooperation under EU rules has fared. This study examines the issue by looking at the lessons learned from the implementation of consular protection measures to assist EU citizens stranded in third countries in their repatriation. It seeks to provide an answer in the light of the statistics available in this respect and the legislation that has been adopted since then, and to make a prognosis: the common consular protection policy is operational from the point of view of repatriation, but its effectiveness needs to be improved, for which the first legislative developments were made in the heat of the moment.
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The issue of awarding academic degrees and titles has been regulated by law in Poland since 1920 and has evolved significantly over the course of the century. The promotion procedure, the effect of which is the award of the degree of habilitated doctor, is conducted at individual stages of the first-instance procedure by the Council of Scientific Excellence and the habilitation entity. It is worth bearing in mind that the purpose of this procedure is to issue a decision of great social im-portance, not only for the person concerned, but also for the scientific community, and even more broadly, for everyone who, as a university student, would like to formally put their knowledge to use. This publication introduces the role of the Scientific Excellence Council, the habilitation entity and the habilitation committee in this procedure. Within this framework, the entire procedure for awarding the degree of habili-tated doctor (dr hab.) falls within the remit of the habilitation entity. On the other hand, the tasks of the Scientific Excellence Council include only taking certain actions in the procedure for awarding the habilitation degree. This is because the application for the initiation of the procedure is submitted to this Council, which, having formally assessed it, transfers the application to the habilitation entity. The Council’s participation in the procedure at the stage of the first-instance procedure ends with it appointing part of the habilitation committee. The essential role of the Council may be revealed only after the end of the procedure. It is the Coun-cil that hears the case in secondary proceedings, should an appeal be lodged. If a postdoctoral researcher exercises their right to lodge an appeal to the Council of Scientific Excellence through the postdoctoral entity, this opens up the possibility of exercising a very important right, namely remonstration, which consists in making the self-verification of the decision issued by it pursuant to Art. 132 of the Code.
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The article addresses the problem of direct deliveries of pleadings, which professional attorneys of the parties and participants of the proceedings are obliged to perform in administrative court proceedings. The premise for conducting the research was the doubts appearing in the legal doctrine and practice as to the individual aspects of the analysed regulation. The aim of the research was to present this institution and to answer the question of whether it constitutes a guarantee of efficient proceedings before an administrative court. The analysis was carried out using three methods: dogmatic-legal, comparative-legal and historical. The research shows, firstly, that the institution of direct delivery has undergone a significant evolution. As a result of amendments, delivery became obligatory, and the catalogue of entities obliged to make such service was expanded. The next stage in the evolution of this institution will be electronic delivery between attorneys. Secondly, the research shows that the analysed institution is imprecise with regard to many issues. The legislator has not clearly indicated the exceptions to direct service. Similarly, there may be reservations regarding the imprecise determination of the consequences of a breach of the obligations arising from direct service. Thirdly, by burdening attorneys with the necessity of direct delivery, the legislator overlooked the financial aspect of fulfilling this obligation. In multi-party cases, the cost of service may constitute a barrier to access to court protection. As it stands now, a situation may arise in which a pleading filed by an attorney will not receive a course of action – but not due to his/her objective defaults, but rather due to the court’s unfavourable interpretation of Article 66 of the Act on Administrative Court Proceedings. As a result of the legislator’s lack of precision, the right to a fair trial may therefore be violated.
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As a necessary consequence of the strengthening of human rights, there appears the idea and movement of the existence of the child rights separated from the human rights. These are the rights which will pull out the child from the grip of the powers not only of the state, but also of the parents, and will allow the child to be viewed as a separate human being, with his/her own rights, his/her own identity, integrity and dignity. This idea will be spread so much by the end of the twentieth century that it will lead to significant phenomena and changes at the international level. Normative activity within the United Nations has never produced such a result as the UN Convention on the Rights of the Child. An almost universally accepted legally binding document has, in an extremely short period of time, set fairly high uniform standards of children’s rights at the global level. We will see that the domestic legislator did not follow the tendencies of the international community to a sufficient extent, so it was only in 2019 he took certain political steps to correct the given situation, but without sincere desire or strong will enough to complete the procedure. In contrast to the universal level where the child rights de facto codified in the UN Convention on the Rights of the Child, at the national level they remain fragmented, with many gaps recognized by the domestic public authorities.
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The subject of the article is an analysis of the institution of suspension of antimonopoly proceedings. A review of different types of cases examined in the course of proceedings before the President of Office for Competition and Consumer Protection (OCCP) has shown that these proceedings may be suspended only ex officio. In this respect the article revises the hitherto prevailing views of the legal doctrine and the jurisprudence of the OCCP President on the admissibility of suspension upon request of antimonopoly proceedings in merger control cases. The article’s findings also challenge the common view that suspension orders, when issued on the basis of the Antimonopoly Act, are not appealable. The article also indicates that the judicial control of the antimonopoly authority’s actions on suspension of proceedings is exercised by the common courts and the Supreme Court.
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Artykuł podejmuje zagadnienie usprawiedliwiania przez organy administracyjne niedotrzymywania terminów załatwiania sprawy w postępowaniu administracyjnym ogólnym, postępowaniu podatkowym i uproszczonym postępowaniu skargowym. Autor w tym celu posiłkuje się metodą dogmatyczno-prawną, krytyczną analizą literatury przedmiotu oraz interpretuje odnośne orzecznictwo sądów administracyjnych. Celem artykułu jest zwrócenie uwagi na istotność prawidłowego, wyczerpującego i zgodnego ze stanem rzeczywistym uzasadniania przyczyn pozostawania organu administracyjnego w zwłoce i wyznaczania nowego terminu załatwienia sprawy administracyjnej. Obszar badawczy został podzielony na dwie zasadnicze części, to jest analizę poprawnego wskazywania przyczyn zwłoki oraz diagnozę nieprawidłowych uzasadnień niezałatwienia sprawy w terminie. Autor podkreśla, że podawane przyczyny niezałatwienia sprawy administracyjnej w terminie powinny odzwierciedlać jak najdokładniej stan faktyczny sprawy, szczególnie gdy przyczyną jest element postępowania dowodowego. Krytyce poddane zostały przyczyny niezwiązane z tokiem postępowania, takie jak problemy kadrowe organu oraz natłok spraw, jak również przyczyny ujęte zbyt ogólnikowo, jak skomplikowany charakter sprawy. Konkludując, Autor dowodzi, że dokładne podawanie przyczyn niezałatwienia sprawy w terminie realizuje zasadę dążenia do prawdy obiektywnej oraz wpływa na ogólną ocenę organów administracyjnych.
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The article deals with the issue of administrative authorities’ justification of a failure to meet deadlines for handling cases in general administrative proceedings, tax proceedings and simplified complaint proceedings. To that end, the author uses the dogmatic-legal method, performs a critical analysis of the literature on the subject matter and interprets the relevant judgments of administrative courts. The aim of the article is to draw attention to the importance of correct, exhaustive and true justification of the reasons why administrative bodies procrastinate and set new deadlines for handling administrative cases. The research area has been divided into two main parts, i.e. the analysis of the correct indication of the reasons for a delay and the diagnosis of incorrect justifications for failures to handle cases on time. The author emphasises that the reasons for a failure to deal with an administrative case on time should reflect the facts concerning the case as accurately as possible, especially when a given reason is an element of an evidence-based proceeding. Criticism was levelled at reasons not related to the course of proceedings, such as staffing problems of the authority and the multitude of cases, as well as reasons stated in too general terms, such as the complicated nature of a matter. In conclusion, the author proves that precise indication of reasons for failures to handle a case within the time limits sticks to the principle of striving for objective truth and influences the general assessment of administrative bodies.
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The annulment is defined as the legal transaction consisting of an expression of will in order to directly result in the annulment of the act and, therefore, the definitive termination of the legal effects produced by it. The right of the courts to annul an administrative act is based on the provisions of Article 52 paragraph 1 of the Constitution. Final judgments by which an administrative act of normative nature has been annulled in whole or in part are generally binding and have effect only for the future. The nullity of the administrative act of a normative nature cannot be opposed to the legal effects produced by administrative acts issued prior to that moment, but only to those produced after that moment.Litigations pending at the time the decision to annul an administrative normative act remains definitive will be affected and the effects of this decision will occur by law also on these litigations that have as object the subsequent acts of the annulled normative act.
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There is almost no person who has not been a party to administrative proceedings at least once ih his/her life. Efficiency of administrative procedure is on of the pillars of the rule of law as an ideal that progressive communities strive for. Four laws on administrative procedure and four laws on administrative disputes are in force in Bosnia and Herzegovina. This paper problematizes the issue of party's position in case of continous silence of administration, i.e. whether the party has at its disposal enough instruments to protect itself, to exercise its right if the administrative body does not make a decision at its request. With the possibility that competent courts in an administrative dispute may be asked to issue a judgment ordering administrative body to make a decision, it turns out that the way of implementing such a judgment is problematic. Laws at the entity and state level provide for various provisions as implementation options. The latest court decision points out that in certain situations, a party can claim court penalties on a daily basis in monetary amounts for each day of failure to make a decision. In addition, the party, in terms of the implementation of a court decision ordering the administraive body to make a decision, has the option of demanding the initiation of disciplinary, infringement and criminal proceedings.
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