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• Personal data protection in the public sector in frame of the GDPR

  39-54

  Szilvia Váradi

  Views:

  430

  The European Union has finished the reform of the European data protection rules, and the main result is the General Data Protection Regulation (GDPR), which entered into force after a two-year period on 25 May 2018. The GDPR draws special attention to the protection of personal data not only in the private-, but also in the public sector. It introduces several significant changes and restrictions, but after almost a year of being in force, there is still some uncertainty as to how we can apply its provisions, especially for public authorities and bodies. Therefore, the aim of this paper is to explore the relevant data protection provisions of GDPR regarding the public sector and to clarify any misunderstandings in this field.

• Issues of Public Social Responsibility in Great Britain and Hungary

  122-136

  Nóra Jakab

  Zsófia Ráczi

  Views:

  330

  Social responsibility has undergone significant development in recent years. The concept has spread into every aspect of life: personal life, the economic sphere and finally the public sector. It is proven that currently many states are struggling with various problems in the public sector. We believe that public social responsibility is one of the guidelines that is able to help, for example, in the realization of a comprehensive public administration reform. This paper examines public social responsibility in Great Britain and Hungary. Even though we have the example of the United Kingdom to follow, their way of practicing PSR may not be suitable for the rest of the European countries because of the fundamental differences in our legal systems and mindsets.

• Municipal Waste Management and the Hungarian Model

  47-66

  Judit Pump

  Views:

  122

  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.

• The Criminalisation of Active Bribery of Public Officials: A New KOL Research in Hungary

  9-29

  Miklós Hollán

  Tímea Venczel

  Views:

  238

  The aim of the three-year project “Novelties of Criminal Law in Legal Consciousness” was to measure the knowledge and attitudes of lay people concerning criminal law including regulatory novelties with a questionnaire-based survey. In this paper, the authors analyse the responses to questions related to active bribery of public officials. The research has verified our hypothesis that the average person has a fragmented knowledge even about this sector of criminal law. However, this is partly due to the fact that the respondents – compared to the differentiation of the legal regulation – usually have schematic knowledge on the topic. The answers were strongly influenced by attitudes towards this type of criminality. It was not substantiated, however, that this knowledge is substantially affected by socio-economic factors, by media consumption or by encountering criminality. Our hypothesis regarding the novelty of regulation has been only partially proven: there are more than three times more people whose answers reflect the old regulation than the new one. However, this was not necessarily due to actual knowledge of the older regulation, but rather to the fact that it was more in line with respondents insensitivity to legal distinctions.

• Collective Wage Bargaining and the Related Challenges of Labour Law and Labour Relations Regarding Public Services Operated by Publicly Owned Companies

  148-161

  Imre Szilárd Szabó

  Views:

  230

  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. 

• PPP as an umbrella term

  62-78

  Judit Varga

  Views:

  119

  In this study the author examines the legal institution of PPP (Public Private Partnership) in Western legal cultures. As a result of the analysis, the author finds that PPP is a blanket term which includes all contracts concluded between public and non-public sectors where the subject of the contract is the implementation of a public task and the term of the contract is relatively long. The second part of the study collects and analyses the possible classifications of PPP contracts, including the short introduction of the most typical PPP contracts.

• The Financial Supervisory Agencies of the European Union and the Question of the European Administrative Procedure

  Bálint Teleki

  Views:

  201

  The agency-type organs have a history of several decades in the European Union. In the last few years there were two different tendencies leading towards the establishment of regulatory (or decentralised) agencies with strong powers, especially in the field of financial supervision. The first of these tendencies was the fall of the neoliberal dogma of the self-regulating market – as a consequence of the 2008 financial-economic crisis – which led to the priorities of the decision-makers being reset in favour of a stricter regulation than that of the New Public Management era. The other tendency was that the debate about a European administrative law started to live. The European Supervisory Authorities of the financial sector, which were established after the crisis, are regulatory agencies with strong powers. However, some of their competences are so strong, that it poses questions regarding the legal protection of the participants of the market. Moreover, the case-law related to their function seems to overwrite the accepted norms of delegation of competences within the institutional framework of the European Union.