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• The Client and Authority Proceedings in the Digital Era

  74-101

  Erzsébet Csatlós

  Views:

  136

  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:

  537

  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.

• Cognitive Sciences and Judicial Decision-Making

  109-132

  Angéla Gábri

  Views:

  443

  Nowadays, judges are expected not just to administer justice, but to have skills and abilities to realize and be aware of standards and laws which can be discovered and analysed by the so- called cognitive sciences. In case we accept that “judges are human beings as well”, we must also assume that their minds and decision-making processes are subject to generally accepted scientific facts. However, cognitive sciences are less known in Hungary, and by using their fruitful results in legal procedures (e. g. in court trials) a greater level of objectivity can be achieved in adjudication which can lead to more accurate judicial decisions.

• The One Who Wanted Online Courts Before the Coronavirus: Review of Richard Susskind's New Book "Online Courts and the Future of Justice"

  192-200

  Bálint Ferencz

  Views:

  308

  In November 2019 Richard Susskind, who is relatively known and popular in Hungary as well, published his new book “Online courts and the future of justice” issued by Oxford University Press. The author argued rather radically for the necessity of the change of legal services in his previous books before and he has maintained this approach. This time Susskind argues for the transformation of the century-old court systems giving alternative ideas about what sort of methods and ways in which we should transform our courts in order to make judicial services available for every person indeed. As the title suggests, the core concept of the book is the realization of online courts, which has slowly become a reality amid the pandemic caused by the coronavirus. Thus, the concept of Susskind may be called even fatidical from this perspective.

• Central Issues of the Application of EU Law in the Recent Case Law of the Hungarian Constitutional Court

  161-174

  Árpád Lajos Kiss

  Views:

  105

  The present article examines the recent case law of the Hungarian Constitutional Court as regards the constitutional framework and the judicial practice of the application of EU law. After a short overview of the early precedents, the article focuses on the case law subsequent to the adoption of the new Fundamental Law in 2012. In the recent decisions the need for cooperation with the EU Court of Justice is of special importance so the article reflects on this issue as well. The first part scrutinizes the case law concerning the constitutional limitations and control measures of the application of EU law, including the landmark decision of 22/2016 (XII. 5.). The second part focuses on the decisions delivered in constitutional complaint proceedings, which determine the constitutional requirements of the preliminary rulings procedure and the judicial obligation to give a reasoned decision.

• Environmental Mediation in Germany

  60-77

  István Bereczki

  Views:

  125

  It has always been a difficult question for the State to ensure effective decision-making processes for instances where public participation is considered to be a requirement. This question might be even more essential when it comes to disputes concerning large-scale projects with environmental impact. When the public is affected by such project, the contractor must be really prudent, otherwise high number of litigation may be initiated afterwards. The very special form of mediation, the so-called environmental mediation may offer a solution to this problem, by allowing all participants to meet and discuss every crucial issues related to projects described above. It is also important to emphasize that not the same requirements apply to environmental mediation and to other civil law related mediation procedures. The aim of environmental mediation would not be less than to improve the quality of public bodies’ decisions.

• Paradigm shift in management of enviromental problems: The ecosystem services concept and its legal aspects

  98-113

  Zsolt Tóth

  Views:

  147

  The majority of global environmental problems has remained unresolved mostly due to inadequate communication between natural and social sciences. This paper reviews the origin of the ecosystem services concept and presents the main valuation methods and emergence of that in legal terminology. The concept has ecological and economical roots thus can bridge environmental protection and development needs. It is clear that valuation and integration in decision-making of these essential ecological processes is one of the recent greatest scientific challenges.