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• Controversial Elements of Civil Law in Local Government Regulations

  2-11

  Zsuzsanna Árva

  Judit Szabó

  Views:

  123

  Local governments may establish legal relationships governed by civil law in numerous ways, for example, through the creation of associations, various institutional agreements or they can also do so by means of enacting regulations. In line with the stipulations of the Fundamental Law of Hungary, local governments may adopt regulations on two legal bases: if authorized by law or if they want to regulate a local public affair; however, the regulation may not contradict any higher form of legislation. While in the first case it is not only the right but also the obligation of local governments to enact regulations that can even be sanctioned, in the second case it is almost completely optional. The scope of public affairs regulated by local governments is rather broad. While the smaller local governments typically limit their activities to the regulation of the most urgent matters, the larger local governments enact regulations in a wide range of issues also due to the volume of their responsibilities. In many instances a part of these regulations does not remain within the framework of supremacy but also includes numerous elements of civil law. These could include matters related to parking or municipal housing, as well as problems in connection with public services. Norms regulating peaceful public coexistence represent a separate subject area as in many cases they wish to regulate legal relationships pertaining to privacy. In the case of the latter issue, the clause stating that the local regulations shall not contradict any higher form of law is especially central, as it necessitates the extensive knowledge of civil and in some cases even constitutional law to ensure that such a regulation is enacted that fully complies with the laws.

  This paper introduces and examines those local government regulations that include elements of civil law also and which typically cause problems, with special emphasis on the rules of peaceful public coexistence. Some of these problems are revealed within the scope of legal supervision practiced over local governments, while in other cases the body reviewing the regulation acts in response to citizens’ initiatives.

• Development of the new organisation of the capital local government in the years between 1989 and 1994

  Tibor Walter

  Views:

  72

  After demonstarting a short historical and national angle in my study, I would like to sketch a general survey about the rising and the operation of the capital local government between 1989 and 1994. This period was the beginning of establishing the system of local governments. This period resulted a remarkable turn to the direction of the capital level.

  Now this subject belongs to the history of public administration, but it is still a current question from many points of view. It is true that the relationship between the capital and the district local governments is rather contradictionary, as this is true for the relationship of the regime and the government.

  The development of the capital local government can be approached only if we examine the whole local government system. The governmental system and its contemporaries made influence to the operation of the capital local government too, especially in two fields, on the one hand the specific structure of the capital local governmental system, on the other hand the disintegrated structure of the capital agglomeration.

  The special structure of the capital local government influenced significantly the relationship of the local governments and the capital, and the relationship of the capital and the regime. The sharing of the tasks and the financial sources were a source of tensions between the capital and the districts. There was a great need to use long-term principles in sharing these sources. The conflicts became deeper and deeper, because the competencies were not clearly divided, and some investments failed because of the resistance of the district local governments.

  The relationship of the regime and the capital determines the special position of the capital, and the strong dependence on the state supports. This situation can be worse by the conflicts in the political principles of the capital local governments and the regime.

• The essential rights of the local governments in the aspect of Financial Law

  Gabriella Csűrös

  Views:

  65

  In my study I deal with the connection between the local governments and the Constitution in the aspect of Financial Law.

  The local governments’ essential rights have been laid down  in the Constitution in a separate (IX.) chapter. The defence of the local governments is different from the defence of fundamental human rights. The latter has the test of necessity and proportionality. The local governments’ constitutional rights can be restricted until the infringement of its fundamental contents.

  I examined the rights of the local governments connected with the Financial Law, so I was engaged mainly in the financial support of it and the right of property and tax assessment. The Constitutional regulation of the financial support is most unique. The difference is that this paragraph (44/A. § (1) c) is not a rule of competence and jurisdiction however an obligation for the state to guarantee the self income and the proper state support to the local governments. The most important own sources are the taxes, which are necessary to discharge the duties. The authority to issue taxes derives from the Constitution - 70/I. § and 44/A. § (1) d. These paragraphs  prescribes that every natural and legal person must contribute to rates and taxes depend on their income and estate.

  The local governments may issue taxes within the framework of law, but their legislation is wide-ranging within it, for this reason there are a lot of instructive judgements of the Constitutional Court.

• Problems of globalization examining the development of local governments

  Tamás Horváth M.

  Views:

  43

  In Hungary almost every reform has its reference to the integration in the west, especially European Union. The explanation for failures is the difficulties of adjustment. The dilemma is what kind of reasons result this problem: is it a national feature or the original distress of Hungary. We can say that the root of it is the problem of following patterns. The origin of these patterns are from the western world but these patterns needed years or sometimes ages to reach the present situation. It was an organic development.

  In our modern world we can find plenty of legislative elements of globalization, unifying and harmonizing rules and institutions. Most of the international economic organizations make every effort to harmonize economic institutions, but the example of European Union shows that borders are not as simple as it seems. This harmonization and unification has to surpass it to a wider perspective (e.g. administration, public education, telecommunication or private law institutions, etc.).

  In the study I examine the development of self-governing and local governments. In Hungary over the last years – since the birth of self-governing – many changes could be found. Reforms followed reforms. According to a survey the most important fields of reforms are the following:

  • decentralization
  • privatization
  • decreasing the role of public sector
  • reform of the law for public servants
  • information technology
  • financial and budgetary management.

  Reforms of local governments are part of the globalization especially in those countries where change of the regime has happened. To reach the desired western pattern some lemmas are necessary:

  • constitutional state
  • territorialism of state
  • guaranteed financial sources
  • stability from the perspective of economy and policy.

  These foundational criterions are spread by international organizations like NAFTA, GATT, WTO, IMF, WB, OECD or EU itself. Plenty of recommendations exist on this field for administration and local governments. The Council of Europe has a basic document, the Charta of European Local Governments.

  If we examine the problem closer we can see that in spite of every recommendation or regulation, local governments are in trouble for example in Hungary. There are exact rules or principles to ensure the liberty or free space for them, but financial problems always exist.

  In the essay I analyzes the way of following patterns in typical countries and try to show how hard is to introduce a pattern from a moment to another that has prestigious past.

• The organisational changes of public administration in the mirror of the system of the authorities of the offences law

  Zsuzsanna Árva

  Views:

  128

  The paper introduces the most recent processes taking place within the Hungarian public administration from a special aspect and follows the system of the authorities of the misdemeanor law from the 19th century to nowadays. It presents the system of the monarchy, the councils and the period after the change of regime. The Constitutional Court with its Resolution no. 63/1997 (XII. 12.) declared the dual nature of offences – being against public administration and bagatelle cases pertaining to criminal law – and although with a different legal reasoning, it prescribed the right of access to court in both cases. The mentioned separation has resulted in conceptual problems exerting their influence to this day, at the same time the majority of authors dealing with this field instead of the majority opinion accepted the concurrent explanation of László Sólyom, to which Constitutional Court Judges János Németh and Tamás Lábady also joined. In 2012, however, several important changes took place simultaneously. The new Act on Offenses shifted towards criminal law while it terminated the right of local governments to regulate offenses. In parallel with this, the Act on Local Governments at the beginning provided an opportunity for the local governments to sanction anti-social behavior which was revoked by the Constitutional Court in the same year. The paper investigates the effect of the decisions of the Constitutional Court and analyzes the opportunities of public administration within the present legal framework to apply sanctions and defines those criteria on the basis of which the legislator could settle the current situation.

• Constitutional reforms in Italy from 2000

  Tímea Drinóczi

  Views:

  36

  The paper deals with the constitutional reforms that has been taken place in Italy since 2000. It enumerates all of the constitutional amandements according to their subject matter. The first issue is the modification affecting the right to vote; the second one concerns the right to equality in the field of public affairs; the third amandement modifies some transitional provisions; the fourth is about the reform of Title V of the Constitution regulating the regions and local governments; an the last one specifies the failed constitutional reform that would have changed the basis of the recent governmental system of Italy.

• Enforcement of administrative organization principles in public education administration

  74-84.

  Vilmos Csongor László

  Views:

  131

  After 1990 public educational institutions were maintained and controlled by local governments. This period was the era of decentralization. I am going to examine it in a later parts of my thesis with regard to all of its advantages and disadvantages. After 2011 there was a kind of decentralization by legislation after which it had or could have had an operating role but education became state responsibilities. The state as former branch coordinator thereafter took the role of maintainer besides of its public power authority.

  There have been two crucial changes of two subsystems of administration since its formation in 1990 but mainly after 2010. These changes were partially structural, affecting state organization in several steps then those affecting central integration and the reregulation of local governments reflecting the change in the role of the state and the expansion of Neoweber state ideas and recentralisation.

  Some of these factors were generated by international effects but Hungarian principles also played a role as the hurried and faulty system of task completion was formed in local governments.

  This study analysing how partial conditions are reflected in education administration, how the administration branches followed general tendencies or somehow compared to general changes in public administration. I am also examining how successful it was to deal with these roles together and separate them at certain points.