Administrative Adjudication in the History of the Development of the Country
Administrative adjudication; judicial review; administrative courts; legal remedies; rule of law; Hungarian legal history
Administrative adjudication is not unknown in Hungarian history. From the end of the 19th century until the middle of the 20th century, administrative courts, separate from the ordinary courts, exercised judicial control over the public administration. After the socialist takeover, the administrative courts were abolished and judicial control was relegated to the background, with judicial review, limited to an extremely narrow circle, being carried out by the ordinary courts. After the change of regime, with the rule of law coming to the fore, judicial redress became more prominent again and the idea of setting up administrative courts was again raised, but concrete steps in this direction had to wait until the mid-2010s. After lengthy legislative and constitutional work, the constitutional and legislative basis for the establishment of administrative courts was created by 2018, but as a result of EU and international pressure, they were not established.
KOZÁK, BETTINA
Measuring Digital Government at the Local Level
Digital government; local government; e-administration; benchmarking; public-sector digitalisation; municipal services
Digital government is now inseparable from the idea of a modern and efficient public administration. Although the conceptual framework of digital government is still a matter of debate, national and international programmes and action plans have identified the use of digital tools in almost all areas of public administration as a priority worldwide. In order to be able to analyse the impact of digital public administration tools on operational efficiency, it has become necessary to establish international comparative performance measurement frameworks (benchmarking reports). These measurement frameworks, which typically include rankings based on complex indicator systems, usually include scores that identify which countries have successfully met the expectations of the framework. These types of reports are therefore well suited to indirectly influence the digital government developments in each of the countries measured. Consequently, it is important to study the frameworks and monitor changes in measurement techniques. In this paper, I attempt to describe the changes in the most relevant macro-level analyses over the last five years, focusing mainly on local governments, which are less in the centre of interest.
MOLNÁR, PÉTER
Data Protetction as Data Security - The Ecosystem of Digital Markets
Data protection; digital platforms; artificial intelligence; big data; algorithmic decision-making; digital markets
One of the most dramatic processes of our times is the information explosion and the dramatic social transformation that is taking place in its wake. Digital footprints allow us to reconstruct previously hidden structures and relationships, and to change the tools, methodologies and results of cognition. The essence of technology is to be as versatile as possible, using more and more data of different categories and timings, with new solutions and operations evolving on a complex daily basis. This does not make privacy "dead", as many people think - it is simply that the focus may be on the rules for managing personal data rather than protecting it. In order to harness and reap the benefits of mobile devices, artificial intelligence-based big data technology⁴ and hybrid cloud services⁵, we need to facilitate data sharing and we need regulation that allows this to happen while maintaining the confidentiality of the data with the data controller. The first part of the chapter provides an overview of the approach to the protection of fundamental rights and the definition of the conceptual issues of regulation. The second part argues that our current general contract practice is convenient but not right, given the extent to which we need to enforce our fundamental constitutional rights. The third part outlines the framework of a real contractual relationship for data management. The final part offers some preliminary thoughts on the possible obligations of dominant digital platforms. Accordingly, the regulatory presumption that individuals can control the flow of their personal data should be overcome.
MOZSONYI, NORBERT
The History of the Unification Movement of Hungary from a Legal Pespective
Religious freedom; church registration; Unification Movement; religious equality; legal status; Hungary
There is currently only partial religious freedom in Hungary. One side it is violation of the freedom and equality of religions, the Act CCVI of 2011 openly denies the separation of religious and political institutions. According to this law, the vote of the political parties sitting in Parliament will decide on the recognition of incorporated churches in the future. On the other hand, the Unification Movement, along with many other small churches, can regain its church status if it can present the signatures of at least 1,000 members to the court registration process based on the new modified Act CCVI of 2011 which went into effect since 15 April 2019.
ZALAHEGYI, ZOLTÁN
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