The Examination of The Hungarian Judical Practice of Indignity Among Public Administration Staff Cover Image

A közigazgatás személyzetének méltatlansága – a bírói joggyakorlat elemzésén keresztül
The Examination of The Hungarian Judical Practice of Indignity Among Public Administration Staff

Author(s): Zsófia Holecska
Subject(s): Administrative Law
Published by: UNIVERSITAS - Győr Nonprofit Kft.
Keywords: indignity; unworthiness; staff of administration; public trust; legal practice

Summary/Abstract: The study aims to examine the differences in the rules on the indignity of public administration staff through the analysis of the Hungarian judicial practice. The starting point of the research is a different system of indignity rules for the actors of the public administration, which results from the functional grouping of the staff. This difference is even more evident in front of the court. The purpose of this paper is to examine and analyse these differences.Firstly, it groups the actors of the public administration using the method of comparison, giving a brief introduction to the indignity rules applicable to them. Secondly, applying the empirical research methodology, it takes into account the decisions establishing indignity contested in court among the certain actors. Thirdly, using the method of induction, starting from the legal cases of the investigation, the research tries to formulate generalizations that explain the observed differences and their justification. On the one hand, the study aims to point out the distances between legislative goals and social reality, and on the other hand, it aims to serve as a feedback to the legislator with the de lege ferenda suggestions formulated at the end of the study.

  • Issue Year: 3/2023
  • Issue No: 1
  • Page Range: 39-50
  • Page Count: 12
  • Language: Hungarian