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  • Change of Legal Relations: Consequences for Labour Law of the Restructuring of Public Services
    81-103
    Views:
    232

    Changes in the organization of public services often have the consequence of changing the employment relationship of those employed among them. The change is often caused by the transformation of civil service legal relations into private employment law. In the background of changes are usually the legislature's intention to maintain legal relations with the successor employers. This intention is realized in Hungarian labor law and civil service law by various legal and technical methods. The paper reviews these in different areas of public services.

  • Collective Wage Bargaining and the Related Challenges of Labour Law and Labour Relations Regarding Public Services Operated by Publicly Owned Companies
    148-161
    Views:
    258

    In the case of state- and municipality-owned companies providing public services, the 2021 salary increase was settled with a six-monthly delay, which was manifested in three-year, so-called “income policy” agreements. However, for the purposes of this paper, the process became relevant mainly due to the aspect of labor relations and it also became suitable for a legal science analysis. During the course of this, within the available space limits, I discuss the process of salary negotiations (with its labor law content and consequences), the theoretical bases of the different collective labor law regulations regarding public assets, and finally, the newly emerging practical issues related to the strike rights regulation of this sector. 

  • Decentralization of Welfare Services in France
    65-80
    Views:
    135

    The principle of decentralization is widely applied in public administration. Despite the conceptual insecurity decentralization is often linked to the principles of democracy, participation, efficiency providing a normative value for the principle. Practical experiences, however, show that the advantages and disadvantages of decentralization are influenced by historical, economical, social, institutional and cultural context. Decentralization policy to increase the effectiveness of French welfare services could not change the institutional structure with strong historical roots and to improve the service quality. The strengthening of task and competences of the county level led to the failure of decentralization due to the lack of funding, personal and coordination problems.

  • Municipal Waste Management and the Hungarian Model
    47-66
    Views:
    149

    There is an ongoing debate on how the role of municipalities should be changed in the local public service sector due to the financial problems present at local level. The debate is mainly related to determine the adequate level and function of local governments. The author introduces the basic elements of a model of public services that shows the relationship between the public actors (state/municipality), the service provider and the user, including how the need is determined, the service is provided, financed and the service provider is chosen. The author introduces the “Hungarian Model” and its main features: the co-existence of three different model (public, quasi private and mixed) of the waste treatment service sector differing in the relationships established among the stakeholders and in the financing system; and the right of municipalities to freely switch between them. It draws the attention to how the changes in the role of the state and the legal framework influenced the models and reshaped the relationships of the stakeholders without dealing with the consequences.