Administrative jurisprudence as a popular science in Hungary (original) (raw)

Proceedings for Scientific Advancement as a Special Type of Administrative Procedure. Assumptions and Effects of the Administrative Jurisdiction Model

Teka Komisji Prawniczej PAN Oddział w Lublinie

This article was presented under the same title at the 26th Congress of the Faculties of Law and Administrative Procedure, “Directions for the Development of Administrative Jurisdiction”. It was held in Poznań on 18-20 September 2022. The authors reflect on the currently adopted solutions for the transfer of legal institutions relevant to general administrative proceedings into specific spheres of social relations. They use the example of human resources development in research area. In this context, the authors cover the genesis of the shaping of the models of these procedures, the essence and role of the reference clauses used to achieve the assumed effects, as well as challenges associated with it. As a consequence, an attempt was made to answer the question of whether the effects of the model of administrative jurisdiction adopted thereby corresponds to its assumptions, or whether it becomes necessary to look for other solutions in this regard.

The social scientificization of legal science

Jogelméleti Szemle, 2021

A legal science that is consistent with the idea of science, i.e. as a social-scientific legal thinking, is only emerging and is currently limited to the auxiliary status of the rubric sociology of law. The legal dogmatic activities of law, which are now called legal science within the framework of the individual branches of law, are not sciences despite their high intellectual value, but are an indispensable part of the complex law. Legal dogmatics is not a science, but a layer of the legal system in modern Western countries. If we want to isolate the stages of the development of intellectual thinking about law into a science, we can highlight two major leaps in this process in the changes in the development of European law since the mid-17th century. In the first stage, the practical jurisprudence of the past was programmatically replaced by legal dogmatics, which had already claimed the term of legal science for itself since the beginning of the 19th century, and in the second stage, a truly social-scientific form of legal thinking emerged since the late 19th century and especially since the 20th century.

Post-Soviet Features of Hungarian Administrative Sciences

Central European Public Administration Review

The post-Soviet features of contemporary administrative sciences in Hungary are not just theoretical issues, they have a strong practical importance, as well. Our starting point is that the scientific field which does not have a clear relation to its own near past, may have neither a sound self-concept nor an exact vision of the future. One of the utmost weaknesses of Hungarian administrative sciences is the partial shortage of elaboration of inner processes after 1945 and the lack of systematic collection of scientifically relevant – but never published – documents of that period of time (1945–1990). Everyday tendencies of administrative sciences also offer some examples of post-Soviet features: the lack of the culture of criticism that is observable within the characteristics of sientific journals, and also within the features of professional record and qualification. Moreover, the positivist way of thinking of representatives of administrative law (and other administrative scienc...

Articles Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary

Studia Iuridica Lublinensia 29 (3), 2020

Stosowanie prawa administracyjnego w czasie reform w świetle zakresu sądowej kontroli na Węgrzech SUMMARY The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes-even the judicial review model of the administrative decisions. The author analyzes the impact of these changes-especially from the last three years-on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017-Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications and amendments of the cassation and reformatory jurisdiction of the courts. The courts are currently the major interpreter of administrative law, whose change can be interpreted as a paradigm shift of the approach of the application of administrative law.

Legal Policy and Its Position in the Taxonomy of Science

Journal of Dinamika Hukum, 2018

Legal Policy is a new study and part of constitutional law (Staatrecht). Legal Policy is derived from two disciplines which are the Science of Law and the Philosophy of Law. Thus, it is not an intersection between the science of Law and Politics. Legal Policy operates on an empiricallyfunctional level using the teleological-constructive method. This implies that politics is in the sense of ethics and the techniques of forming law (rechtsvorming) and law discovery (rechtsvinding). From the ontological and epistemological aspects, Legal Policy has a very strong root to be included in the science of law because its core is laws of legislation in various forms and levels. Legal Policy provides an academic basis for the process of formation and discovery which is in line with welfare, circumstances, culture, and existing values in society.

Academic associations in the field of administrative sciences in Central and Eastern Europe, or what could be the medium-term objectives of the newly established Central and Eastern European Society for Administrative Sciences?

Institutiones Administrationis

When we search for the significant players of administrative sciences on both the domestic and international level, we find – amongst others, amongst departments of universities, think-tanks and committees of academies of sciences – also organisations that can be treated as parts of civil society, especially scientific societies, particularly scientific associations. My current paper deals exclusively with the latter ones (with scientific associations) and my main goal is to enlist those functions that can be or even should be provided by our newly created Central and Eastern European Society for Administrative Sciences. To provide the catalogue, the elements of which are based on scientific evidence, my paper covers a) the main roles of contemporary scientific associations; b) the general features of Hungarian civil society; c) the names and main features of the contemporary scientific associations in administrative sciences in Hungary; and d) also the results of an international s...

Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary

Studia Iuridica Lublinensia

The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017 – Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications ...

Foreign Science of Administrative Law and Possible Areas of Its Adaptation in Ukraine

Jurnal Cita Hukum, 2020

The purpose of the article is to study the foreign science of administrative law and to determine certain areas of its adaptation in Ukraine. To achieve this purpose, we have used such methods of scientific cognition as: dialectical, historical, formal and logical, system and structural. The authors of the article have studied the content and specific features of foreign administrative and legal science, as well as have suggested possible ways to implement it into scientific and legal system of Ukraine. It has been stated that the effective development of the national system of public administration is impossible without the quality functioning of science, which deals with studying forms and methods of administration, and an effective management system is essential for the success of any country. It has been noted that in order to achieve high results in the work of state agencies, their staff must be well educated on the use of optimal forms and methods of administration activity. ...

On the Development of Thought in Science of Public Administration PhD Thesis. Abstract (EN)

In my researches concering my monograph I dealt with a problem that lies in the new discipline called public administration theory, and the history of science of science of public administration frontier. (The history of science-oriented research of science of administrative law and the study of public administration (Verwaltungslehre) is usual at German-speaking countries). The problem is what foreign influences can be experienced from the beginnings of the Hungarian science of public administration to the stage of 1945.

Knowledge and Opinion about Law (KOL) Research in Socialist Hungary

Hungarian Journal of Legal Studies, 2017

The critical assessment of the legacy of socialist jurisprudence is amongst one of the most difficult tasks of the post-transitory Central-European legal thinking. This study provides a critical reading of the findings of Hungarian socialist legal sociology with respect to the description and analysis of the socialist legal culture. The discussion starts with the first comprehensive empirical survey on the legal knowledge of the population, designed and carried out by Kálmán Kulcsár in 1965 and ends with András Sajó’s synthesis on the nature of the Hungarian socialist legal culture elaborated in his monograph entitled Illusion and Reality in Law, published in 1986. The paper’s main conclusion is that this two decades long ‘golden age’ of Hungarian legal sociology offers many valid points in both methodological and substantive terms contrary to the fact that the various findings were mainly elaborated under the pressure of official Marxism-Leninism.