Public Governance, Administration and Finances Law Review <p><em>Public Governance, Administration and Finances Law Review</em> (PGAF LR) is a peer-reviewed journal committed to the facilitation of an interdisciplinary discourse on matters appertaining to Central and Eastern European public administration, public policy, and political sciences broadly conceived. The Journal publishes articles on all facets of public administration, public policy, and public management both within the region and with other parts of the world</p> Ludovika University Press en-US Public Governance, Administration and Finances Law Review 2498-6275 Editorial Koltay András Könczöl Miklós Lapsánszky András Tussay Ákos Copyright (c) 2022 András Koltay, Miklós Könczöl, András Lapsánszky; Tussay Ákos 2022-01-10 2022-01-10 6 2 5 6 10.53116/pgaflr.2021.2.1 Raphael Cohen-Almagor, Just, Reasonable Multiculturalism. Liberalism, Culture and Coercion. (Cambridge University Press, 2021) Berkes Lilla Copyright (c) 2022 Berkes Lilla 2022-01-10 2022-01-10 6 2 133 135 10.53116/pgaflr.2021.2.10 Masks, Face Veil Bans and “Living Together” <p>The “living together” concept poses a puzzle. Why did Europeans decide that life in a modern democracy requires showing one’s face? One explanation is opposition to Muslims and Islam. But the enforcement of face veil bans against non-religious mask wearing raises doubts. This essay poses an alternative explanation. What if the face veil bans persist because of European conceptions of privacy? Von Hannover v. Germany held that one be private in public. Given this, why wear a mask? What is there to hide? To explore this idea, the essay turns to the United States, where one cannot be “private in public” and mask wearing has been opposed on narrow grounds such as public security and the content of specific masks. At the same time, the United States respects the decisional privacy of someone to wear a mask even for “irrational” reasons, something the “living together” idea tends to ignore.</p> Kahn Robert Copyright (c) 2021 Robert Kahn 2022-01-10 2022-01-10 6 2 7 20 10.53116/pgaflr.2021.2.2 Algorithms of Machines and Law: <p>Pattern recognition, machine learning and artificial intelligence offer tremendous opportunities for efficient operations, management and governance. They can optimise processes for object, text, graphics, speech and pattern recognition. In doing so the algorithmic processing may be subject to unknown biases that do harm rather than good. We examine how this may happen, what damage may occur and the resulting ethical/legal impact and newly manifest obligations to avoid harm to others from these systems. But what are the risks, given the Human Condition?</p> Losavio Michael Copyright (c) 2021 Michael Losavio 2021-11-30 2021-11-30 6 2 21 34 10.53116/pgaflr.2021.2.3 Public Registries as Tools for Realising the Swedish Welfare State – Can the State still Be Trusted? <p>Sweden has a long tradition of transparency and keeping public archives and registries for the benefit of the society at large. Access to comprehensive public information, including registries with containing individualised data, has been an integral part in the building of the Swedish welfare state. An important explanatory factor for the acceptance of is the high level of social trust in the Swedish society, in that citizens to a large extent trust each other, the government and the public authorities and other institutions in the society. Over the last few decades, changes have taken place connected to digitalisation of the society and an increased awareness of the possible privacy intrusion that may follow. A number of Swedish “register scandals” have been unearthed in media, involving both private and public entities. In order to protect the Swedish cultural heritage of accessible archives and public information and retain social trust, the Swedish legislator should carefully balance the interest in transparency against the right to privacy and data protection following case law of the European Court of Human Rights and EU law.</p> Reichel Jane Chamberlain Johanna Copyright (c) 2022 Jane Reichel, Johanna Chamberlain 2022-01-10 2022-01-10 6 2 35 52 10.53116/pgaflr.2021.2.4 The Constitutional Implications of Drones, Facial Recognition Technology and CCTV <p>Over the centuries, new forms of surveillance technology have emerged. At the founding of the U.S., the government did not have sophisticated spying and surveillance technologies at its disposal. In the eighteenth century, the police might have tried to eavesdrop on their fellow citizens in taverns or other public settings, or they might have listened outside a suspect’s window. However, without the advanced technologies that exist today, the opportunities for successful eavesdropping were very limited. Today, surveillance technologies have gone high tech, creating Orwellian possibilities for snooping. As one commentator observed as far back as 1974, “rapid technological advances and the consequent recognition of the ‘frightening paraphernalia which the vaunted marvels of an electronic age may visit upon human society’ have underlined the possibility of worse horrors yet to come”. This article examines how the U.S. courts are dealing with three different types of technology: CCTV, facial recognition and drones.</p> Weaver Russell Copyright (c) 2021 Russell Weaver 2022-01-10 2022-01-10 6 2 53 65 10.53116/pgaflr.2021.2.5 Introduction of the Personal Decision Support IT System in the Hungarian Public Service <p>The most significant project of governmental HRM after 2010 has been the “Strategic Support for Succession Planning in a Competitive Civil Service”. The name of the project underlines the focus placed on enhancing competitiveness and ensuring a sustainable, continuous supply of the workforce. Neither can be pursued without data-driven HR planning, so having an HRM decision support system in place is a critical element of the improvement. This study aims to address the issue of optimal headcount with regard to both domestic and foreign context, emphasise the importance of strategic HR planning and explore its results abroad. It suggests that by establishing the new HRM system, Hungary may become a country at the forefront of public service HRM and digitalisation.</p> Hazafi Zoltán Kovácsné Szekér Enikő Copyright (c) 2021 Hazafi Zoltán, Kovácsné Szekér Enikő 2022-01-10 2022-01-10 6 2 67 82 10.53116/pgaflr.2021.2.6 Socio-economic Governance in the EU <p>This paper focuses on the complexity of socio-economic governance in the European Union. We define socio-economic governance as the process of governing societies in a situation where no single actor can claim absolute dominance thus socio-economic governance is the outcome of the interaction between European Union institutions (European Union decision-makers) and member states (national policy-makers). Since the onset of the global financial crisis and the euro crisis a decade ago, social issues have become substantially prominent in EU governance and policy debate. Furthermore, the Covid-19 crisis brought again social issues to the fore. There is no dedicated social governance framework in the European Union but there are several mechanisms (strategies, initiatives and regulations) through which social governance is practiced. At the same time, the framework for European economic governance has substantially been strengthened as a consequence of the global financial crisis and the euro crisis and can be characterised by a matured but incomplete framework. On the one hand, this paper aims to collect and investigate all governance tools related to economic and social issues in the European Union, and on the other hand, this research examines the impacts of those governance tools on member states.</p> Orosz Ágnes Szijártó Norbert Copyright (c) 2022 Orosz Ágnes, Szijártó Norbert 2022-01-10 2022-01-10 6 2 83 100 10.53116/pgaflr.2021.2.7 The source of unexplored opportunities or an unpredictable risk factor? <p>The Collingridge dilemma or ‘dilemma of control’ presents a problem at the intersection of law, society and technology. New technologies can still be influenced, whether by regulation or policy, in their early stage of development, but their impact on society remains unpredictable. In contrast, once new technologies have become embedded in society, their implications and consequences are clear, but their development can no longer be affected. Resulting in the great challenge of the pacing problem – how technological development increasingly outpaces the creation of appropriate laws and regulations. My paper examines the problematic entanglement and relationship of Artificial Intelligence (AI) and a key aspect of the rule of law, legal certainty. AI is our modern age’s fastest developing and most important technological advancement, a key driver for global socio-economic development, encompassing a broad spectrum of technologies between simple automation and autonomous decision-making. It has the potential to improve healthcare, transportation, communication and to contribute to climate change mitigation. However, its development carries an equal amount of risk, including opaque decision-making, gender-based or other kinds of discrimination, intrusion into private lives and misuse for criminal purposes. The transformative nature of AI technology impacts and challenges law and policymaking. The paper considers the impact of AI through legal certainty on the rule of law, how it may undermine its various elements, among others foreseeability, comprehensibility and clarity of norms. It does so by elaborating on AI’s potential threat brought on by its opacity (‘black box effect’), complexity, unpredictability and partially autonomous behaviour, which all can impede the effective verification of compliance with and the enforcement of new as well as already existing legal rules in international, European and national systems. My paper offers insight into a human-centric and risk-based approach towards AI, based on consideration of legal and ethical questions surrounding the topic, to help ensure transparency and legal certainty in regulatory interventions for the benefit of optimising efficiency of new technologies as well as protecting the existing safeguards of legal certainty.</p> Szentgáli-Tóth Boldizsár Copyright (c) 2022 Szentgáli-Tóth Boldizsár 2022-01-10 2022-01-10 6 2 101 119 10.53116/pgaflr.2021.2.8 Local Self-Governments and the Vertical Division of Power <p>Local self-governments cannot be defined as entities against the state, nor do they merely assist in executing the central will. The significance of local self-governments lies in their role in the division and balancing of powers. In light of the principle of subsidiarity, the need for autonomy through decentralisation necessarily leads to the central bodies of the state being marginalised in these matters, in a sense, the latter lose their ability to solve the issues raised within their own sphere of competence.<br />From a certain point of view, this can even be considered a vertical division of power. The division of executive power between the public administration subordinated to the Government and independent local self-governments, does not call into question the local self-government’s affiliation with the executive power. As such, it is practically an internal division of powers. In essence, it manifests itself as a kind of limited autonomy, which – due to the unity of the state – subsists only within the confines of the relevant laws.<br />In light of the foregoing, jointly applied principles lead to a vertical division of power. Power is divided, which, nonetheless, does not mean that one sovereign body limits another; it is rather the case of the state restraining itself by virtue of the principle of democracy.</p> Varga Ádám Copyright (c) 2022 Varga Ádám 2022-01-10 2022-01-10 6 2 121 132 10.53116/pgaflr.2021.2.9