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• The Client and Authority Proceedings in the Digital Era

  74-101

  Erzsébet Csatlós

  Views:

  134

  The study examines the digital transformation of Hungarian administrative procedure and the advance of automation. Based on statistical data, the study highlights that in connection with digital public administration procedures, the importance of customer-focused services appears as the standard of digital public administration. Digitalization is dominated by electronic contact options, online information and submission of electronic requests, rather than complete automation of administrative procedures. The study focuses on digital authority procedures from the point of view of how this manifests itself primarily for the client: how to satisfy the need for information, how to contact the authorities and how to initiate the procedure. In addition to the legal bases, this part primarily focuses on the possibilities. After that, the consequences of digital solutions (automation) for making substantive decisions from the customer's point of view are discussed; this part of the study therefore concentrates more on the normative side of the processes and finally analyzes this. As a result, it states that automatic decision-making is mainly used in case of registrative acts based on official records and decisions embodied in decision-type documents, but there are already examples of the automation of the decision-making mechanism in connection with the production of facts. Although more complex automation is just spreading its wings, in connection with the rapid technical development and innovations of recent years, the legal system must keep up with digitalization and not give in to it.

• Developing Blockchain-Based Distributed AI for Personal Data Protection

  9-27

  Dániel Eszteri

  Views:

  535

  The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making built on blockchain-based data processing in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. My hypothesis is that because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply with some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. For the sake of better understanding, I presented the human mind and its ‘uploading’ with conscious and unconscious content as an analogy to blockchain-based AI systems. My goal is to highlight that the fusion of blockchain and machine learning-based AI can be a suitable technology to develop serious automated decision-making systems (so-called ‘distributed AI’). The compliance of these distributed AI systems with data protection law principles is a key issue regarding the very serious risks posed by them.

• The Legal Position of the Mine Officials in Hungary in the 18th Century

  67-90

  Magdolna Gedeon

  Views:

  152

  In the 18th century the centralization efforts of the Habsburg rulers were intensified in the field of mining administration. Their aim was to be able to dispose over the mine revenues without the orders. For this purpose, by the circumstantial regulation of the position of the officials, they set up a new official staff which was independent of the orders. By studying of the legal position of the officials we can better understand the working mechanism of an absolutist system.

• The Relationship between Power and Crime (Criminological approach)

  112-125

  Ferenc Irk

  Views:

  114

  During the presentation of the relationship between power and crime the criminologist-author attempts to define power-crime, including crimes committed by the state. Based on international literature, it deals with special features of the power/ state deviances and the characteristics of victims of power crimes.

• Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice

  123-138

  Márton Leó Zaccaria

  Views:

  291

  This paper emphasizes one of the most important questions of equal treatment that is the reversed burden of proof and aspects of the special sharing of burden of proof. The hypothesis of the paper is the following: although the Hungarian regulation follows the relevant directives of the European Union properly, the legal practice does not focus on victim protection to the expected level. The legal practice of the Equal Treatment Authority and the Supreme Court (Curia) of Hungary are both analysed, therefore the different approaches can be confronted. The paper provides de lege ferenda proposals mainly in connection with the unification of the Hungarian judicial practice.

• Discretion in Taxation Procedures

  107-130

  Zsolt Pfeffer

  Views:

  133

  Besides decisions conditioned by law we have to examine decisions based on discretion as well. If vested by law with discretionary powers, the tax authority shall exercise such rights as consistent with the purpose of authorization and within the framework of law. It is very important how the framework is defined by the legislator and what kind of facts are taken into consideration in the discretion process (e.g. the nature and willfulness of violation). Discretion process must be separated from fairness, estimation, practice and interpretation of the law. In connection with remedy the extension and the detail of explanation in the resolution has high importance. The persuasion of the taxpayer is also a relevant question to investigate.

• Rule of Law – Active State: Reconstructing the Conception of the Rule of Law in Zoltán Magyary’s Theory

  9-26

  József Szabadfalvi

  Views:

  167

  Zoltán Magyary was an internationally recognised Hungarian professor of law who carried out research in modern theories of administration and state theories. Defending the values of the rule of law and taking action against the anomalies of legal formalism were among his major scientific goals. According to him, one of the most important functions of a legal system is the protection of human rights, therefore he accepted the view that courts must have the authority to review administrative decisions. At the same time, he stated that the effective and productive functioning of administrative institutions and the executive power is a priority in a legal system. Due to the fact that he did not provide a complete analysis of the correlation between the rule of law and the effective functioning of administrative institutions, he opened the possibility for posterity to give various and different interpretations of the issue.

• Imposing Punishments in Practice: The Practice of Imposing Sentences on Drink Driving Based on File Research

  114-132

  Ágnes Pápai-Tarr

  Views:

  195

  I researched the practice of imposing punishments on drink driving in the area of authority of the Court of Debrecen, as a major part of a comprehensive study of the imposition of sentences. The main aim of the research was to collect data about the imposition practice regarding offences which are committed en masse, and result in uncomplicated judgements. Another aim was to study how detailed was the exploration of the factors concerning the personality of the offender, and to what extent the judge could take into account such information during the individualised imposition process. This study describes the results of the file research, primarily focusing on the observations regarding the imposition of certain types of sanctions.