Journal articles on the topic 'Administrative law – Hungary'
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1
Bekesi, Nóra, and Kitti Pollak. "The realisation of the constitutional principles - the right to good administration and the right to legal remedy - in Hungary." Bratislava Law Review 2, no. 1 (June 30, 2018): 46–56. http://dx.doi.org/10.46282/blr.2018.2.1.90.
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The paper aims to present the realisation of two procedural principles – the right to good administration and the right to legal remedy – regulated also in the Fundamental Law of Hungary, which entered into force on 1st January 2012. The right to legal remedy has been a constitutional principle since the change of regime (in 1989) and the right to good administration has been constitutionally named only by the Fundamental Law of Hungary. The actuality of the paper is the fact that in Hungary from the 1st of January 2018 completely new codes regulate the general public administrative procedures and the administrative justice. Based on these Acts, a new legal remedy system has been introduced regarding administrative decisions in which the judicial review procedures became – instead of the internal administrative appeal procedures – in most of the cases the firstly used legal remedy possibility regarding administrative decisions. After a short overview of the new legal remedy system which has been introduced regarding administrative decisions, the paper presents the constitutional basis of the right to good administration and the right to legal remedy. Finally, we analyse in detail the latest and most relevant decisions of the Constitutional Court of Hungary and some cases of the Curia of Hungary about the practice of the direct enforcement of the constitutional principles: the right to good administration and the right to legal remedy regarding administrative decisions.
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Oros, Paulina. "Rapports: Hungary: The Enforcement of Administrative Decisions in Hungary." European Public Law 8, Issue 3 (September 1, 2002): 315–20. http://dx.doi.org/10.54648/5095455.
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Hajas, Barnabás. "The Rethought Administrative Procedural Law in Hungary." Hungarian Yearbook of International Law and European Law 6, no. 1 (December 2018): 501–21. http://dx.doi.org/10.5553/hyiel/266627012018006001028.
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Varju, Marton, and Erno Várnay. "Whither Administrative Justice in Hungary? European Requirements and the Setting Up of a Separate Administrative Judiciary." European Public Law 25, Issue 3 (August 1, 2019): 283–304. http://dx.doi.org/10.54648/euro2019018.
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Horváth, Edit. "Renascence of the administrative jurisdiction in Hungary." Bratislava Law Review 3, no. 1 (June 30, 2019): 92–102. http://dx.doi.org/10.46282/blr.2019.3.1.131.
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The administrative jurisdiction is one of the guarantees of the civil legal security. However, a state has to „grow up” to this as to every legal guaranties. Administrative jurisdiction, and within it the creation of an independent administrative procedural order has been cause for much excitement in the law-making community basically from the early 1990 s, when control over administrative rulings became genuinely possible again. It was thus unsurprising that the codification of the Act on the procedural code of public administration was followed with interest, and the professional and scientific community gave regular updates on the status of the codification. Therefore, the fact that the president did not sign the Act passed by the National Assembly, but sent it to the Constitutional Court for evaluation instead caused a major stir. Based on the decision 1/2017. (I. 17.) of the Constitutional Court, the National Assembly eventually modified a number of provisions in the Act on the administrative procedural code and passed the Act again, which was then promulgated on March 1, 2017 as Act I/2017 on the administrative procedural code, and became effective, as per initial plans, on January 1, 2018. The article is not an ode to the Hungarian administrative jurisdiction or to the new independent administrative procedural code, but a historical and mainly legal analysis.
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Schotel, Bas. "Administrative Law as a Dual State. Authoritarian Elements of Administrative Law." Hague Journal on the Rule of Law 13, no. 1 (April 2021): 195–222. http://dx.doi.org/10.1007/s40803-021-00156-4.
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AbstractScholars have recently shown how in Europe regimes in democratic decay (e.g. Poland, Hungary) take all sorts of measures targeting and marginalizing political opponents. Although they are authoritarian by nature, the measures are cast in a legal form. According to some scholars this kind of authoritarian rule of law can be best understood as a dual state, namely a combination of the normative state (the rule of law) and the prerogative state (the pure—political or arbitrary—will of those in power). Building on these insights, the present paper makes two new observations. First, administrative law is distinctively well suited to cater for the creation of a dual state. By distinctively I mean better than civil and criminal law. In fact, I argue that administrative law constitutes a dual state in and of itself combining normative and prerogative state elements within a single area of law, in ways that cannot be done under civil and criminal law. Second, not only regimes in democratic decay but also liberal democracies make use of the dual state nature of administrative law. The paper illustrates this point with two techniques whereby liberal democracies use administrative law to circumvent or pervert the normal operation of criminal law, namely crimmigration and the alien detention of citizens. My underlying normative point is to draw attention to the inherent authoritarian potential of administrative law.
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Erdélyi, Mátyás. "The Logic of Simplifying Public Administration in Hungary, 1900–1910." Administory 6, no. 1 (December 1, 2021): 92–110. http://dx.doi.org/10.2478/adhi-2021-0001.
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Abstract The present paper analyzes the implementation of the simplification law in Hungarian public administration between 1900 and 1910. The law was enacted in 1901 in a bid to »simplify, facilitate, and speed up« administrative processes and mitigate encounters between different administrative units. The law created an extended debate on the possible directions of simplification and resulted in a mixed reception, including an oftentimes contested implementation. The paper investigates the logic behind the reform both in terms of the legal and practical formulation of revised regulations and in terms of the actual implementation of the directives on the local level. I argue that “simplification” was a buzzword for the homogenization and rationalization of public administration that was considered inept to accommodate the new and expanding tasks of the state by the turn of the century. ›Simplification,‹ hence, resulted in a more complicated system, an oxymoron quickly flagged by contemporaries. The simplification law is understood in the present paper as a case of innovation, and the paper thus contributes to our understanding of innovation processes in public administration. The paper asks how the simplification law was implemented based on the micropractices of administrators, what were the practical consequences of the law in relation to the purposes of lawmakers, who were the main agents that influenced the process, and how they could press their own agendas in the process. These questions are approached through the lens of the materiality of public administration, in which people, objects, and material processes can explain the outcome of innovation initiatives, as in the case of the implementation of the simplification law.
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Hoffman, István. "Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary." Studia Iuridica Lublinensia 29, no. 3 (June 30, 2020): 101. http://dx.doi.org/10.17951/sil.2020.29.3.101-116.
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<p class="Default">The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017 – Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications and amendments of the cassation and reformatory jurisdiction of the courts. The courts are currently the major interpreter of administrative law, whose change can be interpreted as a paradigm shift of the approach of the application of administrative law.</p>
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Patyi, András. "From Fragments to Drafts." Public Governance, Administration and Finances Law Review 5, no. 1 (2020): 86–99. http://dx.doi.org/10.53116/pgaflr.2020.1.6.
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The paper aims to give a historical overview of the pre-codification of Hungarian administrative procedural rules. Therefore, the main stages and the main actors of an era that started with rules of fragmentary style and law books with ambiguous or a simple descriptive character regarding Hungarian administrative procedures are presented in the paper. The first part is devoted to a detailed examination of the origins of administrative law and administrative science until the end of the nineteenth century in Hungary. The second part of the paper provides an analysis of the Simplification Act, and the period of the first schemes for classification of administrative procedures (1901–1957) in Hungary. From this period, we should underline the appearance of the scientific school led by Zoltán Magyary and the preparations of the Administrative Procedural Code by József Valló.
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Rozsnyai, Krisztina F. "The Procedural Autonomy of Hungarian Administrative Justice as a Precondition of Effective Judicial Protection." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 491. http://dx.doi.org/10.17951/sil.2021.30.4.491-503.
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<p>The article is aimed at showing the hesitant and slow developments whereby the Hungarian administrative justice should be approached to the dualistic model of administrative justice. After 40 years of almost total monism, and 25 years of transition, one decisive step was made with the promulgation of the Code of Administrative Court Procedure. The article investigates why its concept taking form in the declaration of the principle of autonomy of administrative court procedure rules is crucial for providing effective legal protection against administration in Hungary, and what safeguards the Code contains to foster this autonomy, and by this, the strengthening of a functional administrative justice.</p>
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Rixer, Adam. "Administrative jurisprudence as a popular science in Hungary." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 1 (2021): 313–34. http://dx.doi.org/10.5937/zrpfns55-31661.
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Why should administrative jurisprudence not also be one of the popular sciences? Why only physicists have the privilege to talk about their own field in a way that is accessible, understandable and interesting for many? After defining the general concept of science promotion, this study briefly presents the main goals of promotion, including the skills that can be developed the most through these promotion efforts, the administrative areas that, in our opinion, are of the most public interest, new communication opportunities and channels and concrete (methodological) solutions that increase opportunities for addressing and dialogue, including the interdisciplinary fields that use and present results of administrative law. It proceeds to consider answers regarding the matters of what skills and knowledge the ideal promoter should have and what social target groups can potentially be the focus of promotion efforts. The study also captures the general and administrative knowledge limitations of science promotion before concluding with a summary of the results obtained.
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Hoffman, István, and Bernadette Somody. "Animal Protection in Hungary: A Multilayer System Based on an Administrative Approach." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 109–18. http://dx.doi.org/10.17951/sil.2021.30.3.109-118.
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Animal protection has a long tradition in the Hungarian legal system. It can be interpreted as a multi-layer model, but the major approach of animal protection has an administrative nature. Originally, animal protection was interpreted as protecting farm animals as resources. Even though new layers have been evolved, the agricultural-administrative approach remained. The second layer is based on the protection of health and healthy nature. Animals are even protected as part of the natural environment and ecosystem and their protection is part of securing the biodiversity in Hungary. Although animal cruelty is a criminal offense in Hungary, the penal law approach is consistent with administrative law as it is based on the institutional protection of the fundamental right to health and a healthy environment. The law acknowledges that animals are capable of feeling, of suffering. However, animal protection stems from the state’s objective – subjectless – duty to protect the environment and humans’ living conditions. Its ultimate aim is to protect humans.
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Sereg, Péter. "Market surveillance by the National Bank Hungary as administrative procedure." Economy & finance 9, no. 3 (2022): 214–34. http://dx.doi.org/10.33908/ef.2022.3.3.
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In this paper I intend to study market surveillance procedures as one of the administrative procedures by the National Bank of Hungary (hereinafter: MNB or Supervision) from the aspect of procedural law. During my previous studies, I found no academic papers or only came across short articles on market surveillance, while legal practice over the past decade has required scientific support of the topic. In market surveillance procedures customers often lack proper knowledge about the nature of the proceedings; that is why I made efforts to present a paper that may assist them. In the following paper, the legal provisions relating to market surveillance will be reviewed including the customers, subject, the process, specific acts of procedural law, the data that can be learnt during the process, their management, the legal consequences to be drawn from the procedure, and finally the concept of market surveillance will be established.
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Hoffman, István, and István Balázs. "Administrative Law in the Time of Corona(virus)." Public Governance, Administration and Finances Law Review 6, no. 1 (October 29, 2021): 35–50. http://dx.doi.org/10.53116/pgaflr.2021.1.4.
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The Hungarian administrative law has been significantly impacted by the Covid-19 pandemic. Several rules – which were introduced during the state of danger based on the epidemic situation – have been incorporated into the Hungarian legal system. The administrative procedural law has been influenced by the epidemic transformation. However, the rules on e-administration have not been reformed significantly (due to the digitalisation reforms of the last years), but the rules on administrative licenses and permissions have been amended. The priority of the general code on administrative procedure has been weakened: new, simplified procedure and regime have been introduced. The local self-governance has been impacted by the reforms. The transformation has had two, opposite trends. On the one hand, the Hungarian administrative system became more centralised during the last year: municipal revenues and task performance have been partly centralised. The Hungarian municipal system has been concentrated, as well. The role of the second-tier government, the counties (megye), has been strengthened by the establishment of the special economic (investment) zones. On the other hand, the municipalities could be interpreted as a ‘trash can’ of the Hungarian public administration: they received new, mainly unpopular competences on the restrictions related to the pandemic. Although these changes have been related to the current epidemic situation, it seems, that the ‘legislative background’ of the pandemic offered an opportunity to the central government to pass significant reforms. From 2021 a new phenomenon can be observed: the state of danger has remained, but the majority of the restrictions have been terminated by the Government of Hungary. Therefore, the justification of the state of danger during the summer of 2021 became controversial in Hungarian public discourse.
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Patyi, András. "Issues of fundamental procedural rights and procedural constitutionality in the Fundamental Law." Institutiones Administrationis 2, no. 1 (July 22, 2022): 6–23. http://dx.doi.org/10.54201/iajas.v2i1.27.
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The Fundamental Law of Hungary entered into force on 1 January 2012, introducing several new constitutional rights, one of it is the right to fair administrative procedure. This paper aims to present a comprehensive analysis of that new constitutional right. The first part of the study is devoted to explain the legal background and the constitutional tradition behind the right to fair procedure (by authorities). We should note that Constitutional Court’s decisions had already specifically affected legal regulations of a procedural nature before the declaration of the fundamental right to fair procedure. These decisions – examined in the paper – have been pivotal for Hungary’s legal system and procedural law. Secondly, the current practice of the realization of the right to fair administrative procedure is presented. Through the Constitutional Court’s practice, we also describe the partial rights/authorizations of this fundamental right. Finally, the right to legal remedy and to fair judicial procedure are analysed in detail.
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Homoki-Nagy, Mária. "Private Law in Transylvania as Part of the Kingdom of Hungary." Acta Universitatis Sapientiae Legal Studies 9, no. 2 (January 15, 2021): 225–54. http://dx.doi.org/10.47745/ausleg.2020.9.2.03.
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Transylvania was part of the mediaeval Kingdom of Hungary beginning from the founding of this kingdom and until the year 1540, when, due to historic circumstances, it became for a time a separate entity. The development of private law in this historical space was therefore in the beginning in large part convergent with that of Hungary. However, having a multi-ethnic population consisting of Hungarians, Szeklers, Saxons, and Romanians, with the first three nationalities benefitting from different, autonomous forms of administrative organization, a lot is to be said of specific Transylvanian private law. This study presents those elements and sources of private law which characterized legal relationships in Transylvania beginning with the founding of the Kingdom of Hungary and until the separation of this region from Hungary due to Ottoman conquest. We examine the major sources of law, consisting of customary law, statutory law, and acts of royal power. We then present in summarized form the main characteristics and provisions of the law applicable to persons, the family, immovable and movable property but also inheritance. Some specific private law regulations applicable to Szeklers and Saxons are also presented as well as the perspective of Romanian legal literature regarding the private law applicable to Romanians.
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Czibrik, Eszter. "The impact of COVID-19 on the practice of the Hungarian administrative procedural law." Multidiszciplináris tudományok 11, no. 5 (2021): 312–16. http://dx.doi.org/10.35925/j.multi.2021.5.34.
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In my study, I make an attempt to show how the special legal order has changed the regulation of administrative procedure in Hungary. Last year, a record number of decrees were issued in order to regulate the changed life situation as widely as possible. The administration could also not be an exception. In my study, I present the changes through examples. I deal in detail with the legal institution of the public hearing. I chose this because basically, in "peacetime", this legal institution would be inconceivable in practice without the personal presence of the clients, but in the changed life situation, the rules that apply to it cannot be fully applied. I supplement my remarks by supporting statistical data.
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Szádeczky, Tamás. "Cybersecurity Authorities and Related Policies in the EU and Hungary." Central and Eastern European eDem and eGov Days 331 (July 12, 2018): 287–99. http://dx.doi.org/10.24989/ocg.v331.24.
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Parallel with the evolving of cyber conflicts, the need for appropriate handling of the public administration tasks also appeared. Governmental tasks were necessary, which includes defense (military), diplomatic, law enforcement and public administrative factors also.
This paper shows an analysis of the institutional background of cybersecurity administration in the European Union and Hungary in parallel. This includes the regulations about ENISA, the European Union Cybersecurity Agency, the Hungarian cybersecurity authorities, and the cybersecurity strategies for both entities, namely Regulation (EC) No 460/2004, Cybersecurity Strategy of the European Union of 2017, Regulation (EU) 526/2013, COM/2016/0410 final, 2017/0225 (COD) Proposal, Hungarian Government decree no. 223/2009, Government Decision no. 1139/2013, Act L of 2013, and Government Decree 187/2015.
The research has been supported by the ÚNKP-17-4-III-NKE-26 New National Excellence Program of the Ministry of Human Capacities.
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Julesz, Máté. "Euthanasia." Orvosi Hetilap 154, no. 17 (April 2013): 671–74. http://dx.doi.org/10.1556/oh.2013.29576.
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The problem of euthanasia emerges again and again in today’s Europe. The Dutch type of regulation of euthanasia could be introduced into the Hungarian legal system. Today, in Hungary, the ethical guidelines of the chamber of medicine, the criminal law and the administrative health law also forbid active euthanasia. In Hungary, the criminal code reform of 2012 missed to liberalise the regulation of euthanasia. Such liberalisation awaits bottom-up support from the part of the society. In Europe, active euthanasia is legal only in the Netherlands, Belgium, Luxemburg and Switzerland. In Hungary, a passive form of euthanasia is legal, i.e. a dying patient may, under strict procedural circumstances, refuse medical treatment. The patient is not allowed to refuse medical treatment, if she is pregnant and foreseeably capable to give birth to her child. Orv. Hetil., 2013, 154, 671–674.
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Rixer, Ádám. "Public Administration and Literature." Public Governance, Administration and Finances Law Review 2, no. 2 (December 31, 2017): 5–29. http://dx.doi.org/10.53116/pgaflr.2017.2.1.
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Nowadays Law and Literature courses become more and more popular worldwide; this is also true for Hungary. Examining these attempts, we may conclude that legal problems do reach the students through mainly fictitious literary stories instead of real cases. Accordingly, the idea of Public Administration and Literature courses can be proposed, as well. Among the reasons to introduce such courses we can detect new demands on the side of the students, the need for the methodological renewal of teaching and also the fact that the National University of Public Service already offers MA levels in administrative sciences. This paper – providing several examples – summarizes the main fields and subjects of public administration showed in fine literature and it also collects those genres by which administrative topics are most frequently introduced.
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Săraru, Cătălin-Silviu. "The European Groupings of Territorial Cooperation developed by administrative structures in Romania and Hungary." Acta Juridica Hungarica 55, no. 2 (June 2014): 150–62. http://dx.doi.org/10.1556/ajur.55.2014.2.5.
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Tóth, Tihamér. "Life after Menarini: The Conformity of the Hungarian Competition Law Enforcement System with Human Rights Principles." Yearbook of Antitrust and Regulatory Studies 11, no. 18 (2018): 35–60. http://dx.doi.org/10.7172/1689-9024.yars.2018.11.18.2.
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The corporate human rights development was fueled by the increasing amount of fines imposed on both European and national level. For many years, the jurisprudence of the ECtHR has classified administrative, including competition law enforcement as a quasi-criminal process during which human rights shall be respected to a certain extent. This paper strives to explain the evolution of competition law enforcement in Hungary, with procedural safeguards protecting undertakings having come close to the level of protection provided under criminal law. Of the numerous human rights relevant in competition law enforcement the paper will focus on institutional check-and-balances, and the appropriate level of judicial review. The thoroughness of the judicial review of administrative decisions resulting in fines is critical to the analysis of whether the traditional continental European structure of administrative law enforcement is in conformity with the principles of the ECHR. The narrow interpretation of the prohibition of judicial re-evaluation and judicial deference to competition authorities exhibiting significant expert knowledge is of central importance in this debate.
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Hoffmann, Tamás, and Fruzsina Gárdos-Orosz. "Populism and Law in Hungary – Introduction to the Special Issue." Review of Central and East European Law 47, no. 1 (March 8, 2022): 1–11. http://dx.doi.org/10.1163/15730352-bja10058.
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Abstract Populism is a nebulous concept that has almost as many definitions as scholars engaging with the concept that has a paradoxical relationship with law. On the one hand, populist politicians generally oppose the liberal ideal of separating politics and law, i.e. accepting that legal rules should limit political power, claiming that it would impede the expression of the popular will, yet they use legal regulation as their most important instrument to implement their policies. The chameleonic nature of populism and its instrumentalist approach to law presents a special challenge for lawyers that try to assess its impact on the domestic legal system. Populist legislation, after all, is seemingly indistinguishable from legislation adopted under non-populist regimes as populist regimes always claim to strictly adhere to formal procedural requirements and often justify the dramatic overhaul of previous rules invoking foreign examples. Hungary is a perfect litmus test for the examination of legal changes under populist leaders, because in 2010 the right-wing Fidesz-Kdnp party coalition won two-thirds majority in Parliament – a self-described “revolution in the voting booths” -, which gave it the power to completely overhaul the Hungarian legal system, even changing the constitution. In the past 10 years, virtually every significant branch of Hungarian law was recodified, adopting inter alia new criminal, civil, administrative and labor codes. The authors of this special issue attempted to analyze some of the most pertinent changes, in the field of constitutional law, adjudication, tax law, labor law, criminal regulation and asylum legislation.
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Kovač, Polonca. "Traditional and European Oriented Principles in the Codification of Administrative Procedures in Central Eastern Europe." Hrvatska i komparativna javna uprava 22, no. 1 (May 2, 2022): 9–36. http://dx.doi.org/10.31297/hkju.22.1.6.
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The demanding and changing societal environment brings the necessity of public administration reforms in various aspects. This is even more emphasised in Central Eastern Europe (CEE), which can be attributed to the still ongoing transition. Administrative procedures and their codification change over time, which also applies to the basic principles related thereto. The article presents the development of such principles in national APAs of Slovenia (from 1999), Czech Republic (2004), Croatia (2009), and Hungary (2016), in line with EU development guidelines, particularly Art. 41 of the EU Charter of Fundamental Rights that envisages the right to good administration. The basic principles embedded in national APAs constitute value-based guidelines that apply both to the drafting and to the interpretation of rules relevant for any type of administrative decision and any stage of procedure. The author finds that more recent APAs in Central Eastern Europe present an evident trend towards governing the administrative procedure and the basic principles more comprehensively, with due account of the more contemporary elements, such as proportionality among principles and cooperation among authorities. Another common denominator is complementing the traditional Rechtsstaat principles with more modern ones, in the sense of greater partnership among all stakeholders in administrative relationships. This points to a positive surpassing of historical legacies of European development, although at the same time there is evidence of interference with the administrative procedure as a tool of democracy, mainly as a result of political aspirations or trends to increase the efficiency of public policies. Hence, in the Member States, classical and modern principles should be codified and interpreted holistically, in the light of the values of the EU
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Nagy, Adrienn, and László Laurik. "Sale of Agricultural and Forestry Land in Enforcement Proceedings in Hungary." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 17, no. 33 (December 22, 2022): 93–104. http://dx.doi.org/10.21029/jael.2022.33.93.
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In Hungary, special, complex rules apply to the auction of agricultural and forestry land. The legislator highlighted the sale of land covered by the Land Transaction Act from the powers of the bailiff, and an administrative body implements the auction of land. In practice, this solution requires the joint application of several pieces of legislation. The aim of this study is to present the auction process of land and to analyse the problems that arise in case law. We will discuss the latest judicial case law related to this topic. We place special emphasis on the presentation of Decision No. 12/2022 (VI.2) of the Constitutional Court, which will result in a major change in the future among the persons entitled to auction land.
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MATCZAK, MARCIN, MATYAS BENCZE, and ZDENEK KÜHN. "Constitutions, EU Law and Judicial Strategies in the Czech Republic, Hungary and Poland." Journal of Public Policy 30, no. 1 (February 25, 2010): 81–99. http://dx.doi.org/10.1017/s0143814x09990195.
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AbstractGiven far-reaching changes in the legal systems of East Central Europe since the mid-1990s, one might expect administrative court judges to have modified the way in which they decide cases, in particular by embracing less formalistic adjudication strategies. Relying on an original dataset of over one thousand business-related cases from the Czech Republic, Hungary and Poland, this article shows that – despite some variation across countries and time – judges have largely failed to respond to the incentives contained in the new constitutional frameworks. They continue to adopt the most-locally-applicable-rule approach and are reluctant to apply general principles of law or to rely on Dworkinian ‘policies’ in deciding hard cases. The analysis links these weak institutional effects to the role of constitutional courts, case overload and educational legacies.
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Tkach, K. "Comparative analysis of the current state of regulatory and legal regulation of health care in Ukraine and Hungary." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 311–17. http://dx.doi.org/10.24144/2788-6018.2022.05.58.
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The article provides a comparative analysis of the current state of legal regulation of health care in Ukraine and Hungary. The importance of public health issues has led to their elevation to the level of one of the most important state tasks, an internal function of the modern state, and this requires not only effective public administration, but also the formation and implementation of state policy in this area. This article is devoted to the formation and implementation of the state policy of legal regulation of the healthcare sector in Ukraine and Hungary. In the process of writing it, the author studied the system of legal relations and state bodies that perform the relevant functions and tasks in the formation and implementation of state health policy, analyzed the system of legislation that regulates them and the practice of its application in both countries. The article defines the place and role of the Verkhovna Rada in relation to health policy in comparison with the role of the Hungarian State Assembly, the Cabinet of Ministers, and the system of executive authorities of both countries in its implementation.
The article, like most modern scientific developments in this field, covers the problems of three scientific disciplines - medicine, management and law. In the process of preparing this article, the author has processed a significant amount of medical literature, on social medicine and health care organization, and thoroughly researched their scientific issues both in Ukraine and Hungary. However, he tried to cover the issues and problems arising in this area from the standpoint of legal and administrative law. Therefore, in this work the main attention is focused not on the categories and concepts of social medicine and health care organization, but on the actual legal categories and concepts - legal mechanisms for the implementation of state medical and health programs, ensuring the human right to medical care, health care and health insurance guaranteed by the Constitution of Ukraine and the Basic Law of Hungary guaranteed level of free qualified medical care.
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Balázs, Horváth. "„Ezen bajoknak megszüntetésére törvény kell, (…)”." PONTES 5 (June 23, 2022): 107–37. http://dx.doi.org/10.15170/pontes.2022.05.01.05.
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The Antecedents of the First Hungarian Statistical Act and Its Significance in Consolidating Official Statistics in Hungary.
The paper presents the preparations and “history of making” of the first Hungarian Statistical Act enacted in 1874, beginning with the presentation of the period before the law was enacted through the analysis of its first drafts till the passing of its final version by the Hungarian Parliament. The author describes the multiple motivations for the need of a statistical law, the reasons that played major roles in the creation of the 1874 Act. Furthermore, the study demonstrates the impact, the results and also the failures of the law on state and administrative level, and also reflects on the opinions of contemporary statisticians and that of literature. The author emphasizes the role of Károly Keleti, the first director of the statistical office, in achieving the successful implementation of the Statistical Act. The research illustrates the close connection between the making of Act No. XXV of 1874 and the institutionalisation of official Hungarian statistics. Based on the examination of the first statistical law, the author also repeatedly reflects on the conditions and acceptance of statistics in 19th century-Hungary.
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Rakhmanova, Ekaterina N., Miklós Tihanyi, and Mátyás Szabolcs. "The legal and organizational basis of ensuring safety of sports activities in Hungary." Vestnik of Saint Petersburg University. Law 13, no. 3 (2022): 759–70. http://dx.doi.org/10.21638/spbu14.2022.311.
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Manifestations of hooliganism, vandalism, extremism, and even terrorist acts during sports events are not a new phenomenon in Europe. The safety of sporting events is one of the priorities of any modern state. Moreover, the government is entrusted both with legislative and organizational tasks. Two reasons can be identified, why it is necessary to protect sporting events against violations of public order and attacks on public safety. On the one hand, even when law enforcement agencies professionally use all the legislative instruments at their disposal, an unlawful encroachment may be committed, which may threaten the holding of a sporting event, the safety of the person and property both of athletes and of spectators. On the other hand, the failure to criminalize these actions means that law enforcement agencies are not endowed with sufficient powers to take appropriate measures in such situations. Depending on the violation of public safety or public order, criminal, administrative or disciplinary laws will apply. The difference in the need to apply a law or regulation, as well as to impose sanctions and prohibitions on offenders, can be seen only in the level of protection corresponding to the danger of violations. The safety of sporting events is historically believed to be the primary task of law enforcement agencies, however, the responsibility of sports federations and clubs in ensuring safety in time, before and after the competition should not be overlooked.
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Sidharta, Noor, Sudarsono Sudarsono, I. Nyoman Nurjaya, and Bambang Sugiri. "Judicial Preview on the Bill on International Treaty Ratification." Constitutional Review 3, no. 1 (August 2, 2017): 24. http://dx.doi.org/10.31078/consrev312.
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This research is aimed to find and introduce a new idea on the state administration, which has implications on the international treaty ratification procedure followed by Indonesia and additional authorizations of the Constitutional Court of the Republic of Indonesia. The judicial preview in this research is an international treaty examination procedure by the Constitutional Court before an international treaty is transformed into a law, i.e. such international treaty is a Bill. The judicial preview shall have different terms in each country, such as Review ex ante, abstract review, judicial review. This procedure is applied when an international treaty has not been validated as a country’s national law. The benefits of a judicial preview shall be a solution to connect an ambiguity between the state administrative law and international law. The judicial preview is also the inter-state institutions real check and balance on the international treaty. Out of benchmarking results of four countries following the monism doctrine, i.e. Russia, Germany, France, and Italty and two countries following the dualism doctrine, i.e. Hungary and Ecuador, several additional authorizations of the Constitutional Court shall be summarized, i.e. via the Amendment of 1945 Constitution of the Republic of Indonesia and/or regulations via laws. If both manners are not possible, the Constitutional Court may apply the judicial preview as a state administrative practice. An international treaty draft, which has passed through the judicial preview, may not be submitted to the Constitutional Court to be performed a judicial review, unless 5 (five) year-period has passed since the bill is enacted as a law.
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Fazekas, János. "Administrative procedural and litigation aspects of the review of governmental actions." Institutiones Administrationis 2, no. 2 (December 18, 2022): 6–22. http://dx.doi.org/10.54201/iajas.v2i2.52.
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The main aim of this paper is to investigate the administrative procedural and litigation aspects of judicial review of governmental actions under the scope of the political question doctrine in Hungary. Governmental actions, due to their political nature, are usually excluded from judicial review, which means that an important safeguard of rule of law does not apply to them. As a result, serious constitutional concerns arise, especially when these decisions, in addition to their political nature, have a legal nature, too, or are administrative adjudicative ones. In these cases, procedural safeguards are even more important. The paper therefore examines such borderline cases in the practice of the Hungarian administrative courts and of the Constitutional Court regarding the existence of judicial review in these cases. The research has not comprehensively covered judicial practice, but focuses only on some characteristic decisions. In addition to examining court cases, the paper covers the statutory background and the theoretical foundations as well.
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Borbély, Tamás, Mária Szikszainé Király, and Sándor Kakas. "Accrual Accounting – an Untapped Opportunity to Measure the Performance of Budgetary Bodies." Pénzügyi Szemle = Public Finance Quarterly 66, Special edition 2021/2 (2021): 52–74. http://dx.doi.org/10.35551/pfq_2021_s_2_3.
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Hungary’s public accounting system underwent a significant reform in 2014. The reform meant not only a change in accounting, but also a new opportunity to support sustainable financial management and the measurement of organizational performance. In order to gather practical experience, a research was carried out by the State Audit Office of Hungary. In the areas selected during the research, based on the results of the survey, accrual-based accounting was only partially integrated into the accounting profit and return calculations of individual activities, and, especially in the case of smaller organizations, it did not exceed the mandatory, administrative role stipulated by law. Accrualbased accounting typically did not support the measurement of organizational performance. Further development can be carried out in terms of increasing the role of governing bodies in order to achieve target-setting, measurement and reporting along the same principles, as well as raising awareness. Moreover, in order to support organizational performance measurement, it may be necessary to develop a sectoral system of task and performance indicators, for which accrual-based accounting can become an important source of information.
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Kulcsár, Krisztina. "With or without Estates? : Governorship in Hungary in the Eighteenth Century." Hungarian Historical Review 10, no. 1 (2021): 96–128. http://dx.doi.org/10.38145/2021.1.96.
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In the eighteenth century, the Hungarian estates had the greatest influence among the estates of the provinces of the Habsburg Monarchy. The main representative of the estates was the palatine, appointed by the monarch but elected by the estates at the Diet. He performed substantial judicial, administrative, financial, and military tasks in the Kingdom of Hungary. After 1526, the Habsburg sovereigns opted to rule the country on several occasions through governors who were appointed precisely because of the broad influence of the palatine. In this essay, I examine the reasons why the politically strong Hungarian estates in the eighteenth century accepted the appointment of governors instead of a palatine. I also consider what the rights and duties of these governors were, the extent to which these rights and duties differed from those of the palatine, and what changes they went through in the early modern period. I show how the idea and practice of appointing archdukes as governors or palatines was conceived and evolved at the end of the eighteenth century. The circumstances of these appointments of Francis Stephen of Lorraine, future son-in-law of Charles VI, Prince Albert of Saxony(-Teschen), future son-in-law of Maria Theresa and Archduke Joseph, shed light on considerations and interests which lay in the background of the compromises and political bargains made between the Habsburg(-Lorraine) rulers and the Hungarian estates.
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Kremnitzer, Mordechai, and Yuval Shany. "Illiberal Measures in Backsliding Democracies: Differences and Similarities between Recent Developments in Israel, Hungary, and Poland." Law & Ethics of Human Rights 14, no. 1 (May 26, 2020): 125–52. http://dx.doi.org/10.1515/lehr-2020-2010.
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AbstractAround the world, many liberal democracies are facing in recent years serious challenges and threats emanating inter alia from the rise of political populism. Such challenges and threats are feeding an almost existential discourse about the crisis of democracy, and recent legal and political developments in Israel aimed at weakening the power of the Supreme Court and other rule of law institutions have also been described in such terms. This Article primarily intends to explore the relevance of the discourse surrounding the decline of liberal democracy, and its possible relevance for Israeli democracy, by examining the principal similarities and differences between specific legislative and administrative measures recently taken or contemplated in Israel and in two Central European states: Poland and Hungary. We focus on three sets of illiberal measures adopted or contemplated in Hungary, Poland, and Israel: (i) measures directed at limiting the power of the judiciary; (ii) measures intended to restrict the operation of civil society organizations; and (iii) measures directed at curbing dissent to governmental policies and at influencing the discourse in the media and academia. Although Israeli democratic institutions still retain much of their independence and vitality, we nonetheless find some degree of similarity between measures taken or contemplated by Hungary, Poland, and Israel, despite the many differences between their legal systems, historical contexts, political cultures, and the distinct stages of backsliding they seem to experience.
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Hoffman, István, and Mirosław Karpiuk. "E-administration in Polish and Hungarian Municipalities – a Comparative Analysis of the Regulatory Issues." Lex localis - Journal of Local Self-Government 20, no. 3 (June 21, 2022): 617–40. http://dx.doi.org/10.4335/20.3.617-640(2022).
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E-administration became on important issues of the development of the municipal administrations. In this paper we examined the regulation of Poland and Hungary to examine the challenges of these reforms. The Polish and Hungarian municipalities have been strongly influenced by the digitalisation. In the fields of administrative decisions, decision-making and public service provision new tools and methods have been introduced. We should emphasise, that the centrally operated platforms can be even interpreted as a new, ‘soft’ tool of the centralisation. However, the Polish and Hungarian systems are similar, but there are differences which are related to the different competences and spatial structure of the municipal systems of the two countries.
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Bányai, Krisztina. "Thoughts on the principle of ne bis in idem in the light of administrative and criminal sanctions for the legal protection of animals." Journal of Agricultural and Environmental Law = Agrár- és Környezetjog 16, no. 31 (December 8, 2021): 7–22. http://dx.doi.org/10.21029/jael.2021.31.7.
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According to the well-developed interpretation of the principle of the ne bis in idem in the case law of the Court of Justice of the European Union and the European Court of Human Rights, the same conduct cannot be the subject of two proceedings or santions with similar functions and purposes. In Hungary the Constitutional Court has interpreted the rules of the ne bis in idem in administrative and criminal procedure for animal welfare fine and sanctions for cruelty to animals in Decision 8/2017. (IV.18) AB and the legislator settled its rules in Act on administrative sanctions which came into effect from the 1st of January, 2021. The recent study through practical issues approaches how principle prevails, its problems and possible solutions in the field of unlawful conduct in animal welfare, in particular regarding the role of the prosecutor.
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Csonka, Arnold, Štefan Bojnec, and Imre Fertő. "Spatial Transformation of the Pig Sector in Hungary and Slovenia: A Comparative Analysis." Sustainability 13, no. 21 (October 27, 2021): 11851. http://dx.doi.org/10.3390/su132111851.
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This paper presents a comparative analysis of the spatial transformation in the Hungarian and Slovenian pig sectors at the level of local administrative units (LAU). Concentration and inequality measures were applied in the empirical analyses, along with Markov transition probability matrices, to examine the stability and/or mobility over time and the presence of clustering effects. Both countries experienced a rapid decline in pig population. This profound structural change has led to a smaller number of more concentrated pig farms and increased territorial concentration. The degree of farm and territorial concentration and inequality in Hungary has been much higher than in Slovenia, and the concentration gap between the countries has increased. Between 2000 and 2010, the degree of concentration was much higher in Hungary than in Slovenia; average herd size per holding increased by 68 percent in Hungary, and only seven percent in Slovenia. In Hungary, clustering effects were particularly significant, with the pig sector moving towards large-scale concentration. The former effect was also confirmed in the Slovenian pig sector, but significantly weakened during the period under investigation. The exploitation and policy management of spatial externalities justifies these agricultural, economic, and agri-environmental practices.
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Hohmann, Balázs. "Possibilities for the Application of Alternative Dispute Resolution Methods in the Administrative Procedure." European Journal of Multidisciplinary Studies 3, no. 4 (November 29, 2018): 90. http://dx.doi.org/10.26417/ejms.v3i4.p90-98.
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The public administration, in particular to the administrative procedure follows a firm objective: to create of the customer friendly approach. Also, there is more and more emphasis recently on improving the efficiency and speed of the procedure. These are the two most important keywords of the decision planning and documentation. The aim of the research in this scientific paper is to detect and analyse the decision-making methods, concurrently being ready to incorporate them into the national administrative procedure systems. These methods are to provide lawful and effectively applicable alternative dispute settlement methods ready to use in Hungarian legal system and also to assist - apart form the aim to reach the basic aims of the administrative procedure - to create a fundament of the decisions made by the authority, having regard to circumstances in real life cases, viewpoint of customers and other parties, and the balance of the public interest. The scope of the paper also covers the theoretical and practical aspects of general mediation and mediation in administrative procedure, in view with the appearance of the topic within the renewing and current administrative procedural law regime. While examining the mediation in administrative procedure in a novel point of view, this work also analyses the role of this special type of mediation in terms of efficiency and charactesistics of the current and future legal solutions in administartive cases often involving parties with adverse interests. Conclusions and proposions in the paper may provide contribution to the spreading and correct treatment of alternative decision making methods in the administrative procedure. The publication of this scientific paper supported by the the Ministry of Justice (Hungary) in the program of increasing of the quality of Hungarian legal studies.
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Adamczyk, Andrzej. "National self-governments in Hungary and Serbia in the context of public power decentralising solutions." Review of European and Comparative Law 51, no. 4 (December 15, 2022): 181–207. http://dx.doi.org/10.31743/recl.13605.
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The aim of the paper is to verify a thesis according to which countries which are considered to be the most representative examples of implementing the national cultural autonomy concept (Hungary and Serbia) in fact use the construct of national minority self-government, which, according to administrative law commentaries, is classified as non-territorial, or special self-government. In order to fulfill this task two decentralisation solutions which are aimed at pursuing national and ethnic minorities’ ambitions to maintain and enhance their cultural identity: national minority self-governments and national cultural autonomy has been presented. These legal constructs are not equivalent, although in international literature on the subject they are often treated as synonyms. In this context Serbian and Hungarian regulations has been presented and assessed.
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Yurevitch, Y. "Historical origins of the administrative justice of Poland, dating back to the times of Polish-Lithuanian Commonwealth (before 1795)." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 420–25. http://dx.doi.org/10.24144/2307-3322.2021.65.76.
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The article is devoted to the historical origins of the administrative justice of Poland, dating back to the times of Polish-Lithuanian Commonwealth. As is known, the formation of administrative proceedings on Polish lands took place in the second half of the nineteenth century under the rule of Prussia and Austria-Hungary, but some judicial authorities considered cases of public law in the XVII century. At this stage of the formation of legal mechanisms for resolving public lawsuits, they did not constitute a holistic system, but represented a number of powers of various authorities and officials of Polish-Lithuanian Commonwealth.The organization and activities of the Crown Treasury Tribunal, also known as the Radom Tribunal, are analyzed. This body was formed in 1613 in connection with the crisis in the financial functions of the then state. It was considered the highest court aimed at counteracting encroachments on the state treasury. Due to insufficient efficiency in the new social conditions in 1764 the Crown Treasury Tribunal was abolished, and its powers were transferred to the commissions of treasury.As a result of the work of the General Sejm in 1764, the functions of judicial control over public administration were given to the Crown Treasury Commission, the Grand Military Commission, the Military Department of the Continuing Council, the Military Commission of Both Nations, the National Education Commission, and others. The jurisdiction of these entities extended to cases in the field of treasury, taxes, troops, education, city administration, etc. As a consequence of the reforms of 1764, the competences of the Marshal’s and Assessor courts of Polish-Lithuanian Commonwealth also changed, and they began to consider cases of an administrative-legal nature.In 1788, the Police Commission of Both Nations was established, to which the powers of the Commission of Marshals of both nations passed. This collegial authority consisted of so-called national marshals (Polish and Lithuanian) and 15 commissioners – three senators, six knights and six representatives of the cities. The Law on Free Royal Cities in Polish-Lithuanian Commonwealth of 1791 declared the jurisdiction of the Police Commission over cities for internal government and urban revenues. The formation of Polish administrative justice at that time did not take place, which hindered the disintegration of the state.
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Vedó, Attila. "The army’s participation in maintaining the public order in the Kingdom of Hungary between 1867–1918." Belügyi Szemle 70, no. 2. ksz. (August 24, 2022): 79–96. http://dx.doi.org/10.38146/bsz.spec.2022.2.5.
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Aim: As forces originally designed to protect the country against attacks from the outside are required in maintaining the public order amidst extraordinary circumstances today, it was no different in the civic Hungarian state born with the Compromise. The aim of this study is to present a specific segment of the internal policing structure before 1918, the tasks of the armed forces.Methodology: document and content analysis.Findings: The dualist setup of the Austro-Hungarian Empire and the relationship within the Hungarian Kingdom’s public order defense organisations and to the civil administration created a unique environment which military units ordered to support police organs of insufficient staffing or capacity had to comply with. In the examined time period, the army’s participation in the joint fighting service of the Austro-Hungarian Empire’s and the Royal Hungarian Army’s engagement in maintaining the public order was common practice, since until the 1885 establishment of the Royal Hungarian Gendarmerie, there was no military organised armed guard force bearing sufficient staffing, equipment and authorization, except in certain towns. As per its military organisational structure, the gendarmerie worked together with the defense forces in an effective way, and has practically taken over the majority of tasks from the armed forces. The current study examines how the armed forces’ activities by the military fit into the Hungarian public administration and what was the relationship like between the administrative authority ordering and the tactical combat force being ordered. Examining the armed forces’ tasks in the era is therefore necessary, both in its narrow and wider context, and paying special attention to the unique position of the Royal Hungarian Gendarmerie is also important, which could both be in the position to order the force of arms unites and be ordered.Value: Due to space constraints, the present study does not allow for detailed presentation of the wider range of armed force tasks and their background laid down in the law and various rules, it rather focuses on systematically reviewing the topic and painting a general picture. The topic is still relevant today in the context of the contribution of the armed forces to law enforcement. The historical context explored in this study may also help to inform the development of regulation in the present.
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LÁNCOS, Petra Lea, and László CHRISTIÁN. "Domestic Soft Law Regulation during the COVID-19 Lockdown in Hungary: A Novel Regulatory Approach to a Unique Global Challenge." European Journal of Risk Regulation 12, no. 1 (February 9, 2021): 77–92. http://dx.doi.org/10.1017/err.2020.115.
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On 13 March 2020 the Hungarian Government announced the immediate closure of all schools throughout the country to prevent the spread of COVID-19 forcing several hundred thousand children to learn from home, and teachers to ensure their education. The Hungarian Educational Authority hurried to issue recommendations on the use of digital education tools. During the COVID-19 pandemic and the special legal order consequently introduced by the Hungarian Government, Hungary has seen the emergence of such non-binding measures adopted by public entities, complementing governmental action against the pandemic, with the aim of providing guidance to bodies exercising a public service function (“addressees”). These protective measures adopted under the special legal order are deemed to be successful and are largely followed by the addressees. Since soft law has hitherto been neglected by both Hungarian administrative governance and the legal literature, the recent burgeoning of non-binding measures deserves scholarly attention. In this article, we set out to map the specific context of the emergence of domestic soft law and the conditions for its adoption and reception, relying on our case study conducted in respect of the National Educational Authority’s recommendations.
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Doluda, Igor. "ADMINISTRATIVE PROCEDURES FOR THE EXPORT AND IMPORT OF MILITARY AND DUAL-PURPOSE GOODS IN UKRAINE." Administrative law and process, no. 4(39) (2022): 91–105. http://dx.doi.org/10.17721/2227-796x.2022.4.07.
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Purpose. The purpose of the article is to reveal the content and form a categorical definition ofthe administrative procedure for the export and import of military and dual-use goods in Ukrainebased on the existing and prospective legislation and the theory of administrative law. On thisbasis, form the latest concept of development of social relations in the analyzed sphere.Methods. A system of methods of scientific knowledge was used during the research. Using themethod of systematic analysis, various legal sources and empirical material were analyzed andnew generalizations and conclusions were formed on the basis of this. Special legal method –formal-dogmatic gave an opportunity to analyze the current legislation. The forecasting methodensured the development of legislation on administrative procedures for the import of military anddual-purpose goods in Ukraine.Results. It has been proven that administrative procedures are the bottom level of legal regulation,which in most cases are most often directly faced by private individuals and legal entities in orderto ensure their rights, freedoms and legitimate interests in public administration, in particularbusiness entities that export and import goods for military purposes and dual purpose. It wasconcluded that in today’s conditions, the administrative procedures for the export and importof military and dual-purpose goods are regulated by the norms of a special profile Law anda number of secondary legal acts approved by the Government of Ukraine.It has been found that the administrative procedure for the export of military and dual purposegoods from Ukraine, which operated before the full-scale invasion of Russian-terrorist troops intoUkraine on February 24, 2022, was characterized by the monopoly of certain influential groupsclose to the government, which were not interested in the development of weapons productionand other means of fighting, and focused their attention mainly on the sale of weapons thatUkraine inherited from a bygone era. Public finances for the development of domestic armamentswere insufficiently provided, and effective economic and financial methods of attracting privateinvestments were not introduced. As a result, when repelling the armed aggression of Russianterrorist forces, Ukrainian soldiers mainly use outdated weapons and armaments, or thoseobtained from foreign partners. The rapid import of weapons to Ukraine was established thanks tothe goodwill of the top political leadership of the USA, Great Britain, Lithuania, Poland, a dozenother democratic states, and the liberalization of the administrative procedure for importinggoods for military purposes and dual purposes into Ukraine under martial law conditions, asbusiness entities, as well as charitable foundations, which received permits for this from the StateExport Control Office under a simplified administrative procedure. The latest concept of the administrative procedure for the export, import of military and dualpurposegoods from Ukraine is proposed, taking into account the experience gained by the subjectsof importing weapons under martial law and the principles of the Law of Ukraine of February 17,2022 No. 2073-IX “On Administrative Procedure”. After all, the war for domestic manufacturersis a time to improve their products. In some positions, they have good initial positions that areobjectively developed and tested on the battlefield. As a result, after the victory, weapons releasedin Ukraine will be bought by foreign countries with pleasure. At the same time, the new civilsociety will no longer allow a few government officials to monopolize the arms export market.Accordingly, permits for the export of weapons manufactured by domestic manufacturers shouldfirst of all be granted (legalized) to entities that imported them during the war. Next, it is necessaryto carry out systemic reforms, both at the level of foundations and public tools and administrativeprocedures. Therefore, liberalization in this area should be carried out, but not at the expense ofweakening control over the export of weapons, but the admission to it of all entities that meet thespecified conditions, regardless of the form of ownership, both domestic and residents of the USA,Canada, Great Britain, countries EU members (with the exception of Hungary) and other partnerstates, which imported weapons to Ukraine in the face of a full-scale invasion.Conclusions. The administrative procedure for the export and import of goods for military anddual purpose in Ukraine is a procedure defined by law for consideration and resolution of casesregarding the issuance to business entities of permits to import into Ukraine and (or) export fromUkraine weapons, goods for military and dual purpose. The provisions of the Law of Ukraineof February 17, 2022 No. 2073-IX “On Administrative Procedure” do not directly apply to theapproval of the administrative procedure for the export, import of goods for military use and dualpurpose, however, the categorical apparatus and principles defined in it must be used in a specialregulatory and legal high-level act - the new version of the Law of Ukraine “On State Control ofInternational Transfers of Military and Dual-Use Goods”, or, more appropriately, in the new draftof the Law of Ukraine “On Export, Import of Weapons, Military and Dual-Use Goods”.
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Gellén, Márton. "Public Administration Education in a Legalistic Setting: New Tendencies in Hungarian Public Administration and Training." NISPAcee Journal of Public Administration and Policy 6, no. 2 (December 1, 2013): 53–67. http://dx.doi.org/10.2478/nispa-2013-0006.
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AbstractTh e article examines the recent developments in public service training in Hungary and draws conclusions for the future. Hungary is considered to be part of the legalistic culture of European PA; therefore we analyze the connection between the legalistic approach as a cultural environment of PA practice and PA education as an influential factor of changing this environment. Th e empirical part of the research contains three elements: analysis of the professional training of civil service, the content of PA university training and the composition of professions within the central civil service. Th e empirical findings on these three dimensions are analyzed in light of recent structural changes of PA university education and professional training. Under a Government Decree issued in 2012, the National University of Public Services was appointed by the Government to be in charge of PA education and training. Th e university itself was recently created by the merger of law enforcement, military and civil PA universities (academies). Th is structural change can be characterized by centralization and, to a certain extent, simplification, too. Th e restructuring of PA training is completed by the concept of the Government making the fields of public service permeable, open to each other. Th e university itself is a test field for this concept since police and military students have the opportunity to study civil PA courses. Th e need for this kind of cross-learning is supported by the new phenomenon that defense and policing are gradually becoming more civilian in their character, while traditional training in these fields must undergo serious changes too. Although the article states that the basic framework of public administration education - as a major driver of public administration culture - is still dominantly legalistic, it also introduces the ways in which the new public-administration education system has tried to change the content of its degree programs and how it has attempted to have an impact on the entire public-administrative system to move from procedural orientation to a more solution-oriented mindset.
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Alferova, Elena. "Soft law to protection from COVID-19 : comparative approaches in the national legal regulation of the pandemic by the member states of the European Union." Urgent Problems of Europe, no. 1 (2022): 94–125. http://dx.doi.org/10.31249/ape/2022.01.04.
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COVID-19 has resulted in the unprecedented closure of borders and the blocking of cities and regions, it has taken millions of lives, created an emergency situation in public health and administrative management. In order to respond to the coronavirus pandemic in a timely manner and apply unified approaches to its «taming», the EU institutions and public authorities of national member states, in addition to the current legislative acts, have widely used such legal regulators of public life and administrative management as soft law. With the use of circulars, instructions, guidelines and other acts of soft law, the rules of behavior of the population and its individual groups in a pandemic began to be urgently introduced, the procedure for vaccination and remote work and education were explained. Acts of soft law, which, according to the theory of law, are not binding, on the one hand, have become an internal guide to the actions of authorities to organize the management of subordinate infrastructure, save the economy, on the other hand, external rules aimed at voluntary compliance with them by residents of cities and settlements (recommendations, appeals, explanations, etc.). Main strategies of the EU member states in the application of soft law measures are aimed at saving human life, supporting the economy, education and healthcare. Flexible, prompt and unified use of hard and soft law on the territory of the EU member states at the beginning of the pandemic – spring-summer 2020, a period of confusion and emergency, allowed to stabilize the situation, invent a vaccine against COVID-19, open borders and transport links, strengthen the capabilities of medicine and education. This article examines the peculiarities of the application of soft law in some EU member states – Italy, Germany, Hungary, Greece, Sweden – at the first most difficult stages of the pandemic. These countries followed different approaches to combating the pandemic, ranging from complete isolation and the introduction of a «state of siege» in Italy and ending with soft recommendations in Sweden. These differences are not only due to the legal and political traditions of these countries, but also to the specific approaches of those states, reflecting the special conditions they faced at the local level.
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Dobrzhanskyi, Serhiy. "The reform of the system of management of the cities of Galicia in 1889 in the context of regional policy of the Austria-Hungary." Науковий вісник Чернівецького національного університету імені Юрія Федьковича. Історія 2, no. 50 (December 16, 2019): 6–13. http://dx.doi.org/10.31861/hj2019.50.6-13.
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In the article it has been analyzed the specifics of the functioning of self-government bodies of the cities of Galicia in the second half of XIX century. It is proved that the law of 1889 facilitated the formation of elected bodies of self-government. It was indicated that the law of 1889 significantly expanded the rights of urban self-government. Compared to the previous laws (1862 s 1866), which concerned the big cities of Lviv and Krakow, the new law already includes 30 towns. Particular attention has been focused on functional responsibilities of public council and magistrate. They had the regulatory with supervisory and administrative executive functions respectively. A constant value membership of public council was set at 36, regardless of the number of residents. The head of both organization was burgomaster. His credentials included: organize the work of the council, sign documents, disciplinary control and representation of the city before the higher authorities. In return, the regional authorities have supervised that the bodies of self-government have not exceeded powers and has not violated the law. The innovation in 1889 caused by political motives and the need to increase the efficiency of self-governing bodies, elimination of shortcomings in their work. Among them: the fight against the absenteeism and the indifference of elected people, the creation of a managerial hierarchy between the Council and the magistrate, the creation of special control commissions, the audit of municipal finances, and the improvement of clerical management. The changes made it possible to extend the impact of cities on Galicia's socio-economic life.
Keywords: Self-government, Magistrate, Burgomaster, Municipal Enterprises.
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Kereszty, Éva Margit. "Traps in detection and post-mortem administration of death in the everyday practice of a clinician." Orvosi Hetilap 153, no. 5 (February 2012): 184–90. http://dx.doi.org/10.1556/oh.2012.29286.
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70% of the death cases in Hungary occur in hospitals, so there is an extraordinary importance of the correct detection of the death, the medical cause of death and the management of the postmortem process. This article presents the obligations of physicians of clinical wards step-by-step, and the insufficiencies and faults experienced several times leading to complaints and pleas from the relatives. Beyond the legal background the specific needs of medical ethics and communication are also presented. Some elements of the final case-summary (epicrisis of the dead), as the complete and complex case-history are described in details. Author suggests a few points of view for renewing the hospital manuals and creating local professional protocols covering the activities of the clinical wards as well as the pathology and administrative units of the hospital, which protocols may act also as quality assurance and lawsuit prevention instruments. The examples of deficient practice are taken from medical experts’ experiences and from Hungarian case-law. Orv. Hetil., 2012, 153, 184–190.
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Perun, Mykhailo. "«POSSESSIONES SEU VILLAE KENEZIOS HABENTES...»: THE EVOLUTION OF KENEZSHIP ON THE TERRITORY OF BEREG COUNTY IN THE SECOND HALF OF THE 16TH - THE FIRST THIRD OF THE 18TH CENTURIES." Scientific Herald of Uzhhorod University. Series: History, no. 2 (47) (December 20, 2022): 107–18. http://dx.doi.org/10.24144/2523-4498.2(47).2022.266979.
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This article attempts to reveal the main characteristics and functions of the kenezs of the Bereg county in the second half of the 16th – the first third of the 18th century. Also, one of the main goals of the publication is to consider the evolution of kenez status in the specified historical period. In general, the early modern era was marked by a significant population movement and influx for the northeastern border territories of the Kingdom of Hungary and the northwestern borders of the Principality of Transylvania. The such migratory activity led to the interaction of different legal systems, resulting in the emergence of new or a change in the meaning of old legal structures. Currently, the term «kenez» is considered in the scientific literature as a phenomenon of high–altitude Carpathian settlements existing exclusively within the boundaries of «Wallachian law». Accordingly, one of the main tasks of this study is to verify the mentioned concept in the example of Bereg county, which includes plains, foothills, and mountain areas. In addition, the publication provides a comprehensive analysis of the idea of «kenezship» and considers various variants of its meanings. To achieve the goal, the author studies written sources related to the administrative-territorial and economic structure of Bereg county. At the same time, the publication examines some aspects of the contemporary social structure of the settlements of the Kingdom of Hungary. The article substantiates the thesis about the gradual transformation of the status of «kenezship» and its displacement by elements of Hungarian law, which the author tries to demonstrate with the help of the analysis of these acts, privileges, urbariums, and inventory descriptions of the committees of northeastern Hungary of the 16th – 17th centuries. The author paid particular attention to the processing of such documents as the charter granting privileges to the kenez of the settlements of the Bereg county, the court case of the kenez families of the village of Guklyve in 1645, and the urbaria of the early modern period from the Chynadiieve and Mukachevo domains. In addition, the publication reviews the concept of the term «birov», which existed together with the term «kenez» on the territory of Bereg county. The author concludes that the kenesis were not homogeneous in terms of functions and had their internal division. At the same time, highlighting the main features of the kenezship on the territory of the Bereg county allows us to assert its gradual transformation and transition into the framework of Hungarian law. For the sake of certain clarifications and a more detailed analysis of the phenomenon under study, the author is allowed to go beyond the time and geographical framework of the study.
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Mazurek-Kusiak, Anna, Bogusław Sawicki, and Agata Kobyłka. "Contemporary Challenges to the Organic Farming: A Polish and Hungarian Case Study." Sustainability 13, no. 14 (July 17, 2021): 8005. http://dx.doi.org/10.3390/su13148005.
Full textAbstract:
From year to year, there is an increasing demand for agricultural produce from certified organic farms. However, Poland and Hungary’s demand for this product is almost twenty times smaller than in Western European countries. The greater the demand by consumers for organic farming products, the more agricultural producers decide to switch from conventional farming to organic farming, and this farming is more environmentally friendly because it uses energy and natural resources responsibly, maintains biodiversity, maintains regional ecological balance, improves soil food, and maintains good water quality. This research aimed to compare the motives and barriers to running organic farms in Poland and Hungary, and the challenges farmers must face to undertake the trouble of running an organic farm. The research was carried out among 400 Polish and 400 Hungarian farmers running organic farms. For statistical calculations, discriminant analysis, as well as single-base and chain indices, were used. The main barriers for establishing organic farms: the necessity to adapt one’s farm to the EU requirements, using only natural fertilizers, low yields, the lack of proper advice, and a high degree of bureaucracy. Therefore, for organic farming to develop, further education is needed, both for farmers and consumers. An important aspect is improving the quality of the regulations and simplifying the administrative burden related to organic farming.
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Dzikovskiy, Maksym. "Austrian judicial system of 1867." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 60–64. http://dx.doi.org/10.36695/2219-5521.3.2020.09.
Full textAbstract:
The article examines the Austrian judicial system formed on the basis of the Basic Constitutional Law of Austria on JudicialPower of December 27, 1867, requirements for individuals who wanted to become judges.The judge could be any male Austrian citizen who had a university degree in law and practical experience of at least three years,successfully passed the written and oral exams. Examination commissions were set up annually by the Minister of Justice at each higherregional court. They included law professors and skilled practitioners. Thus, the professionalism of judges was ensured.Judges were appointed for life by the emperor or relevant officials on his behalf. At the time of their appointment, they took anofficial oath and an oath to strictly abide by the constitution and laws of Austria-Hungary. All decisions were made on behalf of theemperor. Judges were recognized as free and independent in their decisions. In 1908, in Eastern Galicia, 63.8 % of judges were of Polishnationality and 31.8 % were Ukrainians. From 1870 in Eastern Galicia there was one higher legal court in Lviv and 5 district judges,and from the beginning of the XX century 10 district judges.The functions and powers of the Supreme Judicial and Cassation Tribunal in Vienna (the State Tribunal), which was the highestcourt in Austria, are highlighted. The competence of cases in which the State Tribunal made decisions as a court of first instance andthe procedure for their consideration are analyzed. The procedure of formation of the composition of the State Tribunal is covered.Along with the State Tribunal, the Administrative Tribunal was functioning in Austria, created on the basis of the law adopted bythe Austrian Parliament in 1875. The structure, powers and functions of the High Regional Courts, District Courts and County Courtsare analyzed. The peculiarities of the functioning of the Austrian judicial system in Galicia in 1867–1918 are highlighted.