Institutiones Administrationis - Journal of Administrative Sciences 2022-07-22T00:00:00+00:00 Renáta Orosi Open Journal Systems <p><em>Institutiones Administrationis – Journal of Administrative Sciences</em> (IAJAS) is a peer-reviewed academic journal on public administration, public law, and political science broadly considered. <em>IAJAS</em> publishes articles on all facets of public administration, public law, constitutional law, public policy, public management, and fiscal administration both within Central and Eastern Europe and with other parts of the globe. <em>IAJAS</em> was founded by Széchenyi István University in 2021, and it is published by its University Press, Universitas Győr Non-profit Ltd.</p> Issues of fundamental procedural rights and procedural constitutionality in the Fundamental Law 2022-05-13T14:11:08+00:00 András Patyi <p>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.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 András Patyi Digitalization in public administration and its trends 2022-05-23T10:27:53+00:00 Katarína Kolbenhayerová Tereza Homa <p>We live times where modernization and electronic communication is the unique key to simplifying our daily lives. The electronization of public administration is important for all states and should be one of the priorities. It turned out mainly in the time of COVID-19 pandemic. This article will therefore focus on defining the development digitalization of public administration in the Czech Republic and describing its possible development in the future, especially of digitalization of tax administration in the Czech Republic. This article also aims to summarize state of public administration in selected member states of European Union. Based on that a comparison, the authors will evaluate how the Czech Republic is doing in comparison with the selected countries.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Katarína Kolbenhayerová, Tereza Homa Implications of digitalization during the COVID-19 pandemics 2022-06-17T09:50:25+00:00 Daniela Dzuráková <p>The article provides with analysis of the proposal of Regulation on European Digital Identity with regards to processing of personal data, particularly those that concerns health. It presents cross-examination with the Mobile Tracing Application and Digital Green Certificate which were established in order to combat the COVID-19. Lastly, it mentions the main challenges and critical positions, as well as proposals on how to tackle some of them.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Daniela Dzuráková Environmental sustainability in the regulation of electronic communications 2022-07-01T14:51:29+00:00 Máté Mester <p>Creating climate-neutral electronic communications is a shared responsibility for the industry and urgent action is needed in the face of warming trends due to global climate change. Despite this, environmental sustainability in the regulation of the electronic communications sector in Hungary has not yet received sufficient attention, nor has there been any related research, articles or studies. Therefore, the aim of this paper is to fill this gap, to review the relevant international, EU and domestic regulatory situation and trends, to provide a comprehensive and high-level picture of sustainability initiatives in the electronic communications sector and to evaluate it in order to suggest possible directions for domestic regulatory action. It is hoped that this will serve as a starting point for launching a discourse in the industry and for properly positioning the green transition in electronic communications regulation.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Máté Mester To what extend might (and should) the competition law apply to public authorities 2022-06-11T20:17:06+00:00 Michal Petr <p>Even though public authorities, in particular the Government and the municipalities, may disturb effective competition by their exercise of public powers, the competition law does not apply to them, but for the specific and limited circumstances when it can be used in connection with other Treaty provisions. This article first explores the limits of applicability of EU competition law on public authorities; it concludes that even though EU competition law as such does not provide protection against conduct of public authorities distorting competition, its scope should not be expanded. The aim of competition law is to limit market power, not official authority. Instead, after discussing the legislation of selected countries from Central Europe, it is put forward that specific domestic legislation, applied by competition authorities, may provide an effective remedy to this problem. As comparative research of these issues has been rather limited so far, further elaboration of this topic is also suggested.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Michal Petr Digitalization and consumer protection enforcement 2022-06-10T20:55:05+00:00 Virág Balogh <p>The era of “new consumer protection” is marked by maximum harmonization rather minimum harmonization, (more) policy-based approach, legislation driven by the fast-emerging ecosystem of digital platforms, the strengthening of collective remedy and agency enforcement, and more cooperation between Member State regulatory bodies and EU Commission.</p> <p>All of the above phenomenae emphasize changing directions and methods of consumer protection enforcement: digital platforms present a unique set of issues that trigger different policy solutions, mostly based on the findings of behavioral economics. The practices of digital platforms usually affect consumers in more than one Member State, thus EU-wide cooperation is more likely to happen vis-à-vis digital platforms than other traders. Individual remedies against digital platforms – due to their immense size – result in little change. The European Consumer Protection Cooperation Network is highly likely to open cases with regards to digital platforms.</p> <p>In Hungarian law, EU-wide coordination complements an already existing rich practice of the Hungarian Competition Authority in the field of unfair commercial practices. In the future, where quite possibly, the number of cases against digital platforms will grow, the issue of cooperation will grow even more important.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Virág Balogh Consumer protection under the Brussels I bis and Rome I Regulations 2022-05-23T09:20:39+00:00 Dominika Moravcová <p>The trend towards globalization and the completion of the European Union's internal market has also led to an increase in the incidence of relations with a foreign element in international trade. The topic of my paper is precisely consumer protection within the European Union under the limits of judicial cooperation, which is touched upon in the key Regulations – the Brussels I bis and Rome I Regulations. As the Covid-19 pandemic has led to an increase in online purchases, often from foreign shops, we consider this topic to be current. This paper will focus on consumer protection under selected Regulations. Based on the judgments of the Court of Justice of the European Union, we will deal with some of the more general provisions so as to be able to identify the scope of consumer protection under these Regulations in practice.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Dominika Moravcová European administration of consular protection 2022-06-25T15:25:44+00:00 Erzsébet Csatlós <p>This paper seeks to review the evolution of consular protection management in the European Union. The process of Europeanisation has reached its current profile through three stages of evolution and we are likely to see further institutionalisation, with several available alternatives. The historical analysis outlines the rationale for a further process of Europeanisation in the light of changes in the legislative powers of the EU, exploring the nature of legal regulatedness and aligning it with the development of fundamental rights, and presents a prognosis for the next stage of development in the light of experience to date. The research findings, based on an analysis of normative rules of various origins, regulatory and binding, preparatory documents, official statistics and reports as primary sources, and literature on specific aspects of the subject, also suggest that an effective consular protection policy will require changes in the tasks and competences in the next development stage. The existing consular enforcement apparatus in the Member States should be better integrated with the network of EU delegations, at least for some of the specified consular protection tasks. This raises further regulatory issues, but it is undeniable that the Europeanisation of consular protection administration is moving in this direction.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Erzsébet Csatlós Evidence in administrative proceedings - proof by audio-visual record, proof by the content of the website and other means of proof lacking an explicit regulation in the Code of Administrative Procedure 2022-06-17T09:47:52+00:00 Kateřina Frumarová <p>Evidence is one of the most important parts of any administrative procedure. The Czech Administrative Procedure Code contains the basic legal regulation of evidence in administrative proceedings and a demonstrative list of evidence. The administrative authorities are therefore not limited in the proceedings to the explicitly stated means of proof. However, the fundamental problem is that the Administrative Procedure Code regulates the implementation of only those means of proof which it expressly mentions. The Administrative Procedure Code is completely silent in relation to other means of proof and the course of their implementation. Nevertheless, in many cases, administrative authorities also need to take other means of proof (not regulated by the Administrative Procedure Code), in particular proof by means of an audiovisual recording or proving the content of websites. The author will therefore focus on answering the questions that cause the greatest problems in this context in practice: “What rules must be followed in obtaining this evidence in order to be legal evidence? Under what conditions and by what procedure should the administrative authorities take this evidence? To what extent can analogy be followed in the implementation of this evidence? The answers to these questions will be demonstrated mainly in relation to the audiovisual evidence and the evidence of the content of the website. This is because of the evidence that is gaining in frequency and importance with regard to the development of modern society and information technology. Based on the analysis of the current administrative practice and case law, de lege ferenda proposals will also be formulated in relation to the current (non)regulation of this evidence in the Administrative Procedure Code.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Kateřina Frumarová Contributions to the interpretation of the concept of autonomy in the light of the model change in Hungary 2022-06-10T20:34:07+00:00 Zsuzsanna Árva <p>The notion of university autonomy is a principle that is often invoked in higher education discourse, despite the fact that its precise content needs clarification. Although there is a rich domestic and international literature on the autonomy of higher education over the historical period, the principles set out therein cannot provide the necessary starting point, since the concept of autonomy varies from one historical period to another and cannot be regulated definitively. Due to the model changes in Hungary, the concept of autonomy has come to the fore again, so it is necessary to examine what is generally understood by the concept in the Hungarian literature and to what extent it is in line with international terminology. To this end, this study reviews the domestic constitutional court case law on the concept of autonomy and its changes, and then discusses the international standards of university autonomy, as defined by the European University Association, its components and the aspects of international comparative studies. It then discusses the position of Hungarian higher education institutions among European universities and, points to possible changes.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Zsuzsanna Árva Fair and effective public administration 2022-06-27T21:01:20+00:00 Péter Váczi <p>Administrative procedure is classically the area of law where public administration has direct contact with citizens. Consequently, these cases entail a risk of violating the fundamental rights of citizens, which is certainly not desirable in a constitutional state. In today's administrative systems, administrative procedural law is becoming increasingly important. In practice, the main trends are limiting the executive power of the state to constitutional limits, guaranteeing the fundamental rights of citizens, and creating "good public administration".</p> <p>For many, the question may arise: are good administrative procedures merely a desirable moral objective, without any legal effect, or are there legal elements that make it both binding and effective?</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Péter Váczi Academic associations in the field of administrative sciences in Central and Eastern Europe, or what could be the medium-term objectives of the newly established Central and Eastern European Society for Administrative Sciences? 2022-06-27T21:21:32+00:00 Ádám Rixer <p>When we search for the significant players of administrative sciences on both the domestic and international level, we find – amongst others, amongst departments of universities, think-tanks and committees of academies of sciences – also organisations that can be treated as parts of civil society, especially scientific societies, particularly scientific associations. My current paper deals exclusively with the latter ones (with scientific associations) and my main goal is to enlist those functions that can be or even should be provided by our newly created <em>Central and Eastern European Society for Administrative Sciences</em>.</p> <p>To provide the catalogue, the elements of which are based on scientific evidence, my paper covers a) the main roles of contemporary scientific associations; b) the general features of Hungarian civil society; c) the names and main features of the contemporary scientific associations in administrative sciences in Hungary; and d) also the results of an international survey conducted among 142 representatives of administrative sciences of 18 countries in our region, especially of those countries which were formerly socialist states.</p> <p>And finally, with the help of these facts collected I aim to show, and offer some fairly new possible functions to invent in the interest of our ’beloved’ Society.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Ádám Rixer The motivations for and barriers to cloud technologies in the field of transportation 2022-05-23T10:24:07+00:00 Simon Nagy <p>Cloud technologies have gained high popularity in recent years. Due to the digital transformation in past decades, information- and info-communication technologies (ICT) have become highly recognized in all sectors. Cloud technologies have appeared as scalable, agile, secured, and global solutions. Next to advantages though, several barriers are identified. In this paper, we review the main cloud computing models, the advantages and barriers of cloud technologies, as well as the special state of transportation. Based on the review, we introduce the role of the National Data Economy Knowledge Centre in transportation development, especially focusing on proposed cloud applications.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Simon Nagy A systematic approach to connected services in the urban environment 2022-05-23T10:24:39+00:00 Péter Szilassy Bence Jenőfi <p>As the global trend of people moving into cities ensues, local governments are evermore pressured to keep improving their services while serving a rising number of customers. The quality of life perceived by city dwellers, however, is influenced by a composition of all services they use, regardless of its public or private nature. Alternatively, residents judge cities based on a comprehensive experience. As such, private and public entities are jointly motivated to improve on this to retain and grow their customer base. Providing these services under a unified platform, however, may result in consolidated cost of provision as well as higher revenue potential via cross-upselling offers on personalised terms. Further on, it may enable cities to link discounted access to generally demanded or popular services to the utilisation or preference of services with positive externalities to the public, in line with the city’s strategy. In this article, the economic benefits of such a tight, so called ‘City as a Service’ level of integration will be looked at.</p> 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Péter Szilassy, Bence Jenőfi Monograph Review 2022-05-23T08:37:22+00:00 Jiří Kappel 2022-07-22T00:00:00+00:00 Copyright (c) 2022 Jiří Kappel