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Law and innovation are oft en seen as antagonistic notions, particularly in administrative (authoritative) relations. Th is paper addresses this issue based on the regulation of administrative procedures, since they represent core public-administration activities in contemporary society. Hence, they need to be codified and implemented, both on the...
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Administrative literacy is the capacity to obtain, process, and understand basic information and services from public organizations needed to make appropriate decisions. Citizens’ competencies necessary for successful interactions with public administration remain a widely neglected resource. Administrative burden resulting from citizen–state inter...
Occasional Paper Series (OPS) special issue on South Asia
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... Clients' representatives do not have the power to take action in their own right but can act as mediators and initiate proceedings (Fazekas and Asbóth, 2024 Administrative lawsuits. In a limited scope, administrative lawsuits can also be brought to protect the rights of subjects in relation to public services (Kovač, 2017). On the one hand, where decisions relating to public services are of a public authority nature -for example, an official decision must be taken to authorise an individual work schedule as defined in the Public Education Act -the decisions may ultimately be challenged in administrative lawsuits. ...
Purpose: The paper examines the multi-layered remedy system in social care services in Hungary. It first analyses remedies related to the obligation of public service provision, especially remedies against normative tools for public service provision (such as decrees on fees and service standards) and the omission of duties by public bodies obliged to perform these services. A secondary focus is on remedies against the decisions and omissions by service provider institutions. Design and Approach: Hungarian legislation interprets social care services as legal relationships governed by private law with partial public law regulation. The public remedy against the decisions of the service providers is complaints, which are governed by sector-specific (pub-lic) regulations. The research examines the remedy system using legal study methods based on dogmatic analysis and involves an examination of judicial practice, namely Hungarian courts decisions on major public law remedies. Findings: Based on dogmatic and empirical analysis, the study reveals that Hungarian judicial practice has interpreted public law remedies, specifically complaints, in various ways. Following an amendment of legal regulation, the civil law-based interpretation now prevails. Although this practice has been consolidated, tensions can be observed, especially in the case of omissions. Practical implications: The paper suggests a legislative solution to mitigate these tensions, recommending that decisions establishing social care services be formalised as public decisions. Originality: The paper is based on a dogmatic analysis of the social care remedy system and, as a new element, contains an in-depth analysis of the Hungarian judicial practice on this issue.
... Europeanisation for countries in Eastern and Southern Europe that have not completed their transitional processes or are seeking to become EU members is a key area of transformation (Kovač 2018). In Art. 3 of the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States, which was ratified by the Law of Ukraine of 16 September 2014 and entered into force on 1 September 2017, with good administration alongside the rule of law principle for strengthening relations between the parties. ...
... Thus, first-generation procedures are based on mechanisms of law enforcement and aim to protect human rights. The so-called 'quasi-judicial' design is its most characteristic feature (Kovač 2018). ...
The relevance of the scientific article is due to the necessity to search for models of legal regulation of public relations that arise in public administration with a private person, which would meet the European standards of administrative procedure.
... Europeanisation for countries in Eastern and Southern Europe that have not completed their transitional processes or are seeking to become EU members is a key area of transformation (Kovač 2018). In Art. 3 of the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States, which was ratified by the Law of Ukraine of 16 September 2014 and entered into force on 1 September 2017, with good administration alongside the rule of law principle for strengthening relations between the parties. ...
... Thus, first-generation procedures are based on mechanisms of law enforcement and aim to protect human rights. The so-called 'quasi-judicial' design is its most characteristic feature (Kovač 2018). ...
... Europeanisation for countries in Eastern and Southern Europe that have not completed their transitional processes or are seeking to become EU members is a key area of transformation (Kovač 2018). In Art. 3 of the Association Agreement between Ukraine and the European Union, the European Atomic Energy Community and their Member States, which was ratified by the Law of Ukraine of 16 September 2014 and entered into force on 1 September 2017, with good administration alongside the rule of law principle for strengthening relations between the parties. ...
... Thus, first-generation procedures are based on mechanisms of law enforcement and aim to protect human rights. The so-called 'quasi-judicial' design is its most characteristic feature (Kovač 2018). ...
The relevance of the scientific article is due to the necessity to search for models of legal regulation of public relations that arise in public administration with a private person, which would meet the European standards of administrative procedure. The purpose of the article is to study the European experience of administrative and procedural ordering of public relations in order to form ideas of implementation in the legal field of Ukraine. The leading methods of research were the analysis of European practices of administrative procedure, modelling of legal structures acceptable to Ukraine. As a result of the research, proposals for legislative initiatives on the procedure for adopting administrative acts were formed. Research can be helpful to law-abiding lawyers and law enforcement officials, law school educators, and public administration officials and officials seeking to apply good administration standards and practices to individual management matters.
December 15, 2023 The Law of Ukraine "On Administrative Procedure" will come into force and introduce new rules for the interaction of the state with individuals (citizens and business) on the basis of the principles of good administration. A similar procedure applies in all member states of the European Union. The value of principles for relations of administrative procedure is primarily manifested in their law enforcement effect. The relevance of the topic is due to the need to ensure the practical implementation of the principles, which allows to comprehend the purpose and content of the administrative procedure, which means to create conditions for the implementation or protection of the rights and interests of the person and direct the administrative body to the conscientious execution of the assigned powers. The article is aimed at studying the new principles of administrative procedure, which for the first time are recognized as starting points for the implementation of their powers by administrative bodies. The achievement of the outlined goal became possible thanks to the use of a set of methods of scientific knowledge, with the help of which the essence of the principles of administrative procedure was determined, the provisions of normative legal acts were analyzed, in order to ensure their practical significance. The work considers such principles as openness, efficiency, presumption of legality of actions and requirements of a person, formality and guarantee of effective remedies. The characteristic of these principles on the basis of scientific approaches in the legal literature is presented and the corresponding provisions of the Law of Ukraine "On Administrative Procedure" on ensuring their practical implementation are analyzed. On the basis of the study, conclusions were formulated regarding the practical significance of the principles of administrative procedure. First, with their help, the administrative body achieves the correct application of material norms of law. Secondly, they provide minimum unified standards for ensuring the implementation and protection of the rights and legitimate interests of participants in administrative proceedings. Third, they interpret individual institutions and rules of administrative procedure. The obtained results of the study can be further used to assess the legality of the adopted administrative acts, procedural decisions and the performed procedural actions.
