CRITICAL REVIEW OF DETERMINING THE PRINCIPLES OF LEGALITY OF PUBLIC ADMINISTRATION IN THE ASPECT OF FINANCIAL MANAGEMENT AND CONTROL

Author(s): Siniša Bilić,Tomislav Delač,Lejla Duraković / Language(s): English Issue: 17/2022

The paper analyzes the establishment of the functional work of public administration, with special reference to local self-government units. The application of appropriate principles of public administration, appropriate to the acquis communautaire, but also the establishment of financial management and control, ensures the desired effects, which are expected from public administration and other users of budget funds. The existing legal framework, as well as guidelines for internal control in the public sector, are a guarantee of the establishment of a modern and high-quality public administration, as the public wishes. The aim of this paper is to analyze the principles of legality of public administration, the extent to which the principles are in the legal norms of a particular legal system, and the extent to which financial management and control affect the realization of the legality of public administration. The dogmatic method shows the legality of public administration, while the comparative method compares the application of the principles of administrative procedure with the outcomes of the established appropriate functional system of financial management and control of public administration, with special reference to the satisfaction of public administration users, all employees and budget managers.

Az adatkezelési jogalapok alkalmazhatóságával kapcsolatban bekövetkezett változások a GDPR hatályba lépése óta

Author(s): Gergő Kollár / Language(s): Hungarian Issue: 1/2021

Since the entry into force of the General Data Protection Regulation in 2016 - or, more precisely, since it became applicable in 2018 - the expanded system of legal bases has led to a number of changes in the way we think about the lawfulness of the processing of personal data. Compared to the previous largely two legal bases (dichotomous) system, there are now six legal bases for the controller to choose from, which, for all its advantages, causes confusion for data controllers from time to time.

Interpretation the Concept of Transparency in the Strategic and Legislative Documents of Major Intergovernmental Organizations

Author(s): Balázs Hohmann / Language(s): English Issue: 1/2021

Administrative procedures, as well as public bodies that carry out these procedures, ought to perform functions related to the application of administrative law in a constantly changing social, economic, and political environment. This presents them with new challenges and expectations time and time again. According to the findings of the this study, the relation of transparency and administrative procedures – which could be described as a type of historically rooted but, at the same time, contemporary expectation towards public administration – fits in the above concept. The study attempts to interpret and define the concept of transparency on the basis of the terminology used by international organisations in the field of the examination of administrative procedures, and thus to highlight the issues, divergences and their causes.

Hungarian Regulation of Subjects Excluded from the Referendum

Author(s): Róbert Sasvári / Language(s): English Issue: 1/2021

The paper aims to explore the issues of the excluded and forbidden subjects of the referendum under the Hungarian rules, thus making it comparable with similar legislation in other jurisdictions. A consistent examination of these rules and jurisprudence will lead to an exploration of the requirements that a referendum initiative in Hungary must actually meet in order to pass the scrutiny of the body that controls the issues.

Кодификацията на данъчното законодателство – предпоставка за развитието на пазарната икономика

Author(s): Ivan G. Stoyanov / Language(s): Bulgarian Issue: 1/2025

The most frequent objection of businesses to tax legislation is its dynamics - all tax laws are changed every year. The way out of this situation is the codification of tax legislation. This article contains some important proposals for a qualitative future Tax Code and, in the author's opinion, there are no objective obstacles to its adoption. In spite of certain differences between the different tax laws, the matter regulated by them is the same - it is a tax matter. Bulgarian tax legislation has been updated and harmonised with EU tax legislation. Moreover, there is a legal requirement for such codification: according to art. 10, par. 10.1 of the Statutory Instruments Act, public relations in the same field shall be regulated by one and not by several acts of the same level.

Неоснователните действия по чл. 250 от АПК фактически или юридически характер притежават. Неоснователните действия представляват ли волеизявление?

Author(s): Mina Yaneva / Language(s): Bulgarian Issue: 1/2025

This article aims to answer the questions of what character – factual or legal – unwarranted actions under Chapter "Fifteen" of the Code of Administrative Procedure possess, as well as whether the unwarranted actions contain (constitute) a declaration of will. For this purpose the case-law of the Supreme Administrative Court has been examined.

Тълкувателно решение на Върховния административен съд № 1 от 20.03.2025 г.

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2025

Определение № 230 от 10.01.2025 г. по адм. дело № 12111/2024 г. на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2025

Решение № 1522 от 18.02.2025 г. по адм. дело № 12051/2024 г. на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2025

Решение № 1031 от 10.02.2025 г. по адм. дело № 2591/2024 г. на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2025

A kormányzati platformok átláthatóságának alanyi köréről

Author(s): Balázs Hohmann / Language(s): Hungarian Issue: 1/2022

The world has just gone through a pandemic situation where the lack of physical contact and the decades-long infocommunication evolution have resulted in an increased value of electronic communication and digitalised processes between the state and its citizens. In this context, it is timely to examine how the government platforms that are used to ensure this are meeting expectations. The paper will address a specific issue: who can be considered as a subject in terms of transparency expectations and requirements for government platforms and how this affects the system of requirements for transparency aspects.

Mitigating Aquifer Crisis in Indonesia's New Capital, Nusantara: Problems and Lessons Learned from Singapore

Author(s): Ardianto Budi Rahmawan,Gabriela Eliana / Language(s): English Issue: 1/2023

Water availability is crucial to every nation’s capital. The appointment of Indonesia’s new capital through Indonesian Law No. 3 Year 2022 poses concerns regarding aquifer crisis as Nusantara is located on top of medium- to low-productivity aquifers. The shift of capital would entail groundwater resources utilization, which pose huge aquifer crisis risks. In contrast, Singapore, a city-state with limited aquifers, sufficiently mitigated aquifer crisis due to its water management policy that could accommodate its citizens’ water demands. In this paper, the authors conducted a comparative analysis on Singapore’s water management policies to provide recommendations on the shift of Indonesia’s capital to fulfill water demands and mitigate aquifer crisis. Using a normative approach, this paper portrays the lessons that can be taken from Singapore in ensuring water availability amidst its limited water resources and high demand of water.

A személyes adatok forgalomképessége: párhuzam a személyes adatok helyzete, illetve a sejtek és szövetek jogi szabályozása között

Author(s): Dóra Turcsiné Czapári / Language(s): Hungarian Issue: 1/2023

Social and technological changes are generating vast and growing amounts of personal and health data. Market and public actors have also recognised the importance of this data and its enormous potential, thus the need to use it is growing. In connection with the use of personal and health data, it is essential to examine the legal nature and marketability of personal data, as this is a fundamental factor in determining whether and what type of contract it can be the subject of. The legal nature and marketability of personal data should be considered in parallel with the regulation of human cells and tissues, since cells and tissues of the human body, such as gametes in humans and embryos in the human womb, are undoubtedly considered to be part of the human body and human beings, and therefore enjoy a certain degree of human dignity. The protection of personal data also derives from the right to informational self-determination derived from human dignity. Because of their derivability from the same fundamental right, it is worth examining and looking for links between the rules on the marketability of cells and personal data. At the same time, the use of cells and tissues is not generally prohibited, but the legislator has set a framework that strikes a balance between the interests of the donor and the recipient.

From Bureaucracy to Black Box: Revolutionizing Natural Justice and Due Process in Administrative Law

Author(s): Junaid Sattar Butt / Language(s): English Issue: 1/2024

Natural justice, rooted in English common law, embodies fairness in procedural justice and is foundational to Administrative law (Aslam, 2020). The growing use of Artificial Intelligence (AI) (Rosenberg, 2023) in administrative decision-making raises serious concerns about upholding fundamental legal principles like Natural Justice, derived from the Latin word “jus natural,” and is not codified, it is closely tied to common law (Mirani, 2022) and Due Process of law, first appeared as a substitute for Magna Carta’s “the law of the land” in a 1354 (Library of Congress, 2014) statute of King Edward III .Often described as “black boxes,” AI systems lack transparency, creating risks for fairness and accountability in decisions may impacting individuals’ rights. This study explores how AI-powered administrative systems can be designed to uphold these principles, ensuring just outcomes and legal transparency. The research critically examines the intersection of AI technology and administrative law, focusing on the opacity of AI’s decision-making processes. The goal is to identify strategies that ensure AI systems in administrative contexts not only align with Natural Justice (right to fair hearings and impartiality) and Due Process (right to a fair procedure) but also maintain public trust in the legal system. Using a qualitative research approach, the study employs doctrinal legal analysis and case studies to review AI frameworks in areas such as departmental inquiries and appeal in departmental inquiries. The analysis compares AI implementations across various jurisdictions, identifying gaps in transparency and accountability. Key findings indicate that without explainability, oversight, and human intervention, AI systems may breach legal principles. The study suggests solutions like Explainable AI (XAI), human-in-the-loop systems, and robust accountability frameworks to align AI with legal safeguards. While AI offers efficiency in administrative decision-making, adherence to fairness and justice principles is critical. The research supports a balanced approach where AI complements, rather than replaces, human decision-making, preserving Natural Justice and Due Process in an automated legal landscape.

KONSOCIJACIJSKA DEMOKRATIJA, INTERNACIONALNA UPRAVA I OPŠTA NAČELA MEĐUNARODNOG PRAVA KAO SPECIFIČNOSTI BOSNE I HERCEGOVINE

Author(s): Željko Petrović / Language(s): Bosnian Issue: 24/2022

The state system of Bosnia and Herzegovina, as well as its international legal subjectivity, are based on the Dayton Peace Agreement. Through the Dayton Peace Agreement, basic constitutional postulates, international conventions, general principles of international law, a new social order of civil society and a system of multi-party parliamentary democracy are being established. The system of parliamentary democracy is a product of a modern democratic society, within which democratic consciousness should be developed and the protection of human rights and freedoms should be achieved, and the rule of law should be ensured. An important characteristic of the organization of Bosnia and Herzegovina is that the constitutional matter is regulated by an international law treaty, ie the Dayton Peace Agreement. The Constitution of Bosnia and Herzegovina established a very complex institutional structure, but that was the price to end the war in Bosnia and Herzegovina and ensure peace and stability. The Constitution of Bosnia and Herzegovina, in a way, is an enacted constitution imposed by the international community. In Bosnia and Herzegovina, a consociational democracy has been established, which is characteristic of divided and post-conflict societies, in order to preserve its stability. With the same goal, a kind of international administration has been established in Bosnia and Herzegovina, ie the participation of the international community in its management, while the general principles of international law have been included in the constitutional system of Bosnia and Herzegovina. The paper deals with the analysis of these institutes, ie the goals they seek to achieve, with all the advantages and disadvantages of such solutions. The research focuses on consociational democracy as a special form of democracy in the case of Bosnia and Herzegovina, and with it the presence of the international community in the administration of Bosnia and Herzegovina.

A kommunikáció- és médiapolitika a gyermeki jogok védelmének tükrében

Author(s): Anita Ondreák / Language(s): Hungarian Issue: 1/2024

"The present life, in its own particular way of being, and consequently with its own understanding of being, has grown into and grown up in an inherited interpretation of the present life. Above all, it understands itself from this, and in a certain circle permanently. This understanding reveals and regulates the possibilities of existence. The past of property - and this always means the past of its own generation - does not follow in its footsteps, but always precedes it."1 The technological changes that have followed the communications revolution have transformed society. Different generations differ significantly in their attitudes to digital culture. Those born in the 1940s and 1950s are the baby-boom generation - the lost generation - who are not very savvy about smart devices, having been influenced by television as children. The generation born in the 1960s and 1970s represents Generation X, which is only present in the digital world as immigrants. The children of the 1980s and 1990s are Generation Y, who have grown up with modern technology and represent the first generation of true digital natives. While the children of Generation Z born in the 2000s are a version of the former Generation 2.0, already acclimatised to the world of the internet.2 The now young adult Generation Z and Alpha3 (Alfas) - children born after 2010, who have been born into the world of smart devices - are adapting easily and quickly to a digital culture defined by interactivity, interconnectivity, multitasking and immediacy. Our world has accelerated considerably in recent years and children, like adults, are living the accelerated life of this accelerated world, which is not only served but also stimulated by electronic devices (TV, smartphone, laptop, notebook, etc.). As the proliferation of smart devices has increased, so has the media consumption of minors. However, due to their mental and psychological immaturity, children are often unable to understand and manage the 'reality' around them. In order to ensure their unhindered mental, moral and physical development, it is extremely important to create the conditions and normative framework for this, and to develop alternative systems of rules adapted to the new challenges of the digital world. In addition to new types of regulation, increasing emphasis is being placed on the importance of media-aware presence and the role of education in enhancing it. I believe that the conscious use of the Internet by children, as a channel of access to digital culture, is undoubtedly an extremely important and complex skill, the acquisition of which will enable the rising generation to safely exploit the opportunities offered by the digital world in a value-creating way, improving individual competitiveness in today's much faster information society.

A webáruházakkal kapcsolatos fogyasztóvédelmi problémák rendezése hazai és EU-s viszonylatban az alternatív vitarendezési módok szempontjából

Author(s): Kitti Ancsányi / Language(s): Hungarian Issue: 2/2024

The institutional framework for consumer protection is becoming increasingly important today, as the emergence of online marketplaces in addition to traditional shops has made it necessary to provide more information and assistance to consumers and, at the same time, to guide traders. The main objective of this paper is not only to provide an overview of the regulatory system but also to provide a consumer protection perspective on the consumer behaviour that is not conducive to complaints and to explore the possible reasons for this.

KARAKTERISTIKE POLITIČKO-PRAVNOG SISTEMA SJEDINJENIH AMERIČKIH DRŽAVA SA OSVRTOM NA VRHOVNI SUD

Author(s): Dragan Golijan,Jelena Golijan / Language(s): Bosnian Issue: 18/2019

The United States has a specific model of the political system. It differs from other political systems, the collapse of a consistent division of power with the strong role of the president, and a stable traditional political two-party system. The legislative body has a bicameral character with determined election censuses for entry into both homes. Both houses also have some judicial functions. The strong role of the American president and the powerful veto power of the executive power gives him a significant influence on the Congress. The powerful leverage of the US system is the Supreme Court of America, which also evaluates the acts of the president and the guardian of the constitution.

RAZVOJ PARLAMENTARIZMA SA POSEBNIM OSVRTOM NA BOSNU I HERCEGOVINU

Author(s): Slobodanka Kršić / Language(s): Bosnian Issue: 18/2019

Parliament, as a political institution of the modern sense, has emerged as one of the most important features of the civil revolution and as one of the foundations of civil democracy and civil state. Parliamentary power was preceded by a long struggle, including war, between the representatives of the people (the citizens, and in some cases the part of the nobility and clergy), and the rulers (monarchs) around the government, more precisely, the ruling rule. The bourgeoisie, as a new social class, wanted to take part in power in proportion to its economic and political power. Economic, cultural and political development - the civilization development of society decisively influences the emergence and development of political representation. The political organization of society, once it was better, sometimes worse, sometimes turned to a human (the people), and sometimes to a god and a ruler. But it always corresponded to the achieved level of development of the productive forces, and culture, education, tradition, religion, etc.

Megjegyzések a digitalizáció jelenségéhez és néhány nemzetközi gyakorlat az adatgazdálkodás területén

Author(s): László Kun / Language(s): Hungarian Issue: 3/2024

Digitialisation and the use of digital tools has been going on for decades - it is a global process that covers an increasingly large area in depth and scope also. It is justified to carry out longer-term analyses, to review various practices, including solutions from outside Europe. The spread of using digital devices also means the development of new mechanisms and methods, such as the management of collected and stored data and information - one of the basic elements and conditions behind the operation of digital devices. The article intends to mention these two topics. One of the topics is some general comments on the phenomenon and process of digitialisation, a brief overview of some global practices, and the presentation of areas of data management.