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• The Client and Authority Proceedings in the Digital Era

  74-101

  Erzsébet Csatlós

  Views:

  195

  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.

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

  161-174

  Árpád Lajos Kiss

  Views:

  119

  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.