Pro Publico Bono – Public Administration

Changes and the Continuity of Public Law in Governance of Hungary

2023-11-23T15:21:09+01:00

The public law character of governance has been stable since the political regime change (1990), while the government’s capabilities, organization, operation, and style have undergone significant changes. The Fundamental Law of Hungary (2012) maintained the continuity of public law, which provided a basis for the recent appreciation of the government, executive power, and governance in the system of power sharing. The stability of public law provides a broad framework for the presidentialisation of the executive power, as well as
for the “personalisation” and “mediatisation” of governance. The study presents the specific Hungarian dialectic of the metamorphosis of public law traditions and governance based on an overview of the decade after the Fundamental Law (2012–2023).

Digital Single Market

2023-06-13T12:44:49+02:00

The digital revolution became a global phenomenon, which has a major impact on the European Union. The Digital Single Market can be considered as a pivotal part of the Internal Market. In our paper we analyse the process of the digital transition of the modification of the related
EU rules alongside with its adaptation to the societal and economic needs. Furthermore, our analysis refers to the impact of the digital revolution to the European administration, especially to the institutional side combined with the protection of procedural rights. The paper has paid special attention to the evolution of data protection and audiovisual aspects of the digitalisation. In terms of the institutions and organisational side the Member State-level bodies are still today primarily responsible for the implementation of Union law, yet the current changes even in case of digitalisation led to the increased relevance of EU-level bodies. The status and evolution of procedural rights is even more complex, parallel to the increased protection of fundamental rights.

Data Management and Data Protection in the Organisational Regulation of the Public Administration

2023-09-27T13:15:27+02:00

The study presents a pilot assessment of the practice of applying the organisational and operational rules, which play a key role in regulating the activities of public authorities. Based on the organisational and operational rules of four elected Ministries, the authors compare the regulatory documents in terms of the regulation of data management and data protection activities. The study, while pointing to common (identical or similar) regulatory approaches, concludes by suggesting possible directions for standardisation to support the reduction of heterogeneity that sometimes hampers interpretation and application.

The Development of Secular Education

2023-09-27T16:09:54+02:00

The aim of this study is to present a historical and state theoretical approach to the relationship between church and state in the field of education in the United Kingdom, the United States of America, France, Prussia and the German Empire. Although liberalism permeated the views of philosophers and political actors in each of these countries, they did not begin to develop their public education systems in the same way or at the same time.
Liberal states did not have to build their own systems from scratch, but could rely on the Church’s centuries of experience in school management, curricula, textbooks, etc. Historical events have led to an increase in the influence of the state at the expense of the Church in the field of education in many countries, while in others the Church has been able to maintain its position and public education has developed peacefully and in parallel, without struggle or
conquest. It is a faulty assumption that in a liberal country the state and the Church cannot cooperate in the field of education.

Digital Accessibility of the Municipalities in the Abaúj Region

2023-10-10T17:55:05+02:00

It has become obvious that online content is at the forefront of information sources, literally at your fingertips by using mobile networks and smartphones. However, finding the appropriate information may not be actually available or it is difficult to find. The aim of the research and
this paper is to assess and present the digital accessibility of local governments, passive and active information platforms, based on the experience in the Abaúj Region, which is one of the most underdeveloped areas of Hungary. 24 municipialities were selected for investigating the implementation of mandatory information provision and optional options, to explore the trends and show the improvement opportunities.

New Waves in Domestic Consumer Protection

2023-09-24T10:37:46+02:00

The Ministry of Justice in Hungary assumes control of consumer protection expertise from 2022. The government’s consumer protection policy emphasises the protection of children and families, simplification and accessibility of dispute resolution procedures between consumers and businesses, ensuring effective cooperation between state authorities, and European Union legal harmonisation alongside environmental directive assurance. The pillars of task distribution include cooperating authorities, relevant government offices, conciliation bodies, as well as civil and advocacy organisations. The study, while outlining the structure
and tools of the domestic consumer protection system, presents the outstanding efficiency and importance of domestic conciliation bodies on an international level, providing insight into achievements within the framework of European Union legal harmonisation. The latter is worth following with special attention, as Hungary will assume the rotating presidency of the Council of the European Union in the second half of 2024, with the honourable task of promoting legislative processes to protect consumer interests.

Current Issues and Challenges of Financial Consumer Protection in the 2020s

2023-09-24T10:39:53+02:00

Over the past decades, financial consumer protection has evolved considerably; the main issues for financial consumer protection in the 2020s can be divided into two broad areas. The first is the enforcement strengthening of the authorities: enhanced national and international enforcement, a focus on repeat offenders, extensive scrutiny of fair lending, charging policies, and practices, continued close monitoring of consumer complaints and
disputes, and enhanced coordination between regulators. The second relates to keeping pace with information technological developments, such as the development of fintech companies, neobanking, cryptocurrencies, and the proliferation of ESG, eco, zero, and green technology finance products with an emphasis on sustainability, cybersecurity, and ePrivacy. The USA has good practices in financial consumer protection to strengthen authorities’ expertise in a rapidly changing financial environment. The Central Bank of Hungary is also actively promoting financial consumer protection and stability.

General and Special Consumer Protection

2023-09-24T10:34:09+02:00

The study aims to explore the legal basis and context of consumer protection, electronic communications and media regulation. The characteristics of public services are summarised with particular regard to the importance of market-based public services from a consumer protection point of view. The study also analyses specific relevant issues, such as universal services and commercial announcements.

EU Protection of Underage Consumers against Online Advertising and Online Advertising Techniques Directed at Them

2023-10-09T16:20:39+02:00

After clarifying the notions of consumer and minor, the study describes the EU regulation of advertising to minors, which is rather fragmented and covered by several pieces of legislation. The study presents relevant EU research that identifies online marketing techniques that rely on the vulnerability of minors and are therefore of concern (e.g. influencer advertising, advertising embedded in online games or disguised as games), showing why and how they may constitute unfair commercial practices.

Legal Issues Concerning Defective Performance of Consumer Contracts for the Sale of Goods

2023-09-24T10:29:37+02:00

In the last few years, the Hungarian private consumer protection law governing consumer contracts for the sale of goods has been amended and supplemented in several points: first, on 1 January 2021, Government Decree 151/
2003 (22. IX.) on the mandatory warranty for certain consumer durables was amended. One year later, on 1 January 2022, Government Decree 373/2021 (30. VI.) on the detailed rules for contracts between consumers and
businesses for the sale of goods and the supply of digital content and services, transposing the EU’s ‘twin’ directives, entered into force. Since both pieces of legislation deal in detail with defective performance of consumer contracts for the sale of goods, in particular claims for warranty for material defects and guarantee claims that consumers can enforce, we consider it appropriate to compare their content with the relevant provisions of Act V of 2013 on the Civil Code, making critical comments on the solutions of the legislator that we object to.