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• Trends, Directions, Legislative Efforts: the Abolition of the Civil Servant Status

  179-195

  Bence Havas

  Zoltán Petrovics

  Views:

  161

  One of the most spectacular changes to the Hungarian employment system in recent years is that many former civil servants (‘közalkalmazott’) have lost their status and come under the scope of the Labour Code or have been subject to newly created status laws. As the Act on Civil Servants (‘Kjt.’) applies now only a few groups of civil servants,  having been emptied out by successive reforms, it is not surprising that the future existence of the Act and of the autonomous status of civil servants is being called into question. But what factors have led to the gradual, and in recent years accelerating, decline of the Kjt.? Is the 'disappearance' of civil servants the result of internal processes that rationally follow from the development of the law, or is it the result of independent economic and political considerations? What was the original role of the Kjt. in the system of employment relationships and how can its ‘emptying’ be understood in an international and historical context? The study argues that this process is not an inevitable consequence of legal doctrinal developments, but rather the result of legislative efforts to abolish the uniform legal status of human service providers. Hungarian legislation is no exception to the neoliberal and neo-Weberian trends, while the comparative advantages previously enjoyed by civil servants are eroding and the regulation is becoming highly fragmented.

• Additional Remarks on the Question of Civil Service Law as a Branch of Law

  120-133

  István Horváth

  Attila Kun

  Zoltán Petrovics

  Views:

  482

  The study focuses on the relationship between civil service law and labour law. In Hungary, there have been significant changes in the last decade regarding the regulation of civil service law. The types of the civil service legal relationships have increased, the forums and procedural rules for adjudicating civil service law related disputes have changed, and the number of public employees providing public services has rapidly decreased. This is of particular importance because the existence of these branches of the law is determined by legislation as well. The study concludes that the ability of civil service law to become an independent branch of law will be determined not by 'internal' developments but by legislative ambitions.