2014/3

Content

Foreword
Norbert Kis

Studies

  • Ádám Rixer: Civil organisations' participation in legistlative processes in Hungary
  • Ilona Bodonyi: Police in diverse society
  • Györgyi Nyikos: Institution-system in transition
  • Tamás Kaiser: New forms of governance in the transnational cooperations
  • Tibor László Buskó – Attila Jószai: Beginnings of urbanization processes as exemplified by the Budapest Metropolitan Area
  • international outlook
  • Attila Marján: The euro’s political economy relevance
  • Jan Pastwa: The role of the Visegrad Cooperation in EU Foreign Relations
  • Ľudmila Lipková: Ten years of Slovakia's membership in the European Union
  • Toms Rostoks – Veronika Šilkina: Latvia’s foreign policy: 10 years of EU membership
  • Yuri Krivorotko: Public procurement system in Belarus: administrative aspect professional forum
  • Ágoston Restás: Decision making method in emergency
  • Katalin Pallai: Design considerations and results of a large integrity training programme for civil servants in Hungary
  • Lilla Bauer: Public education policy in the years of transition – Some remarks (comments) on the centralization of the public education system in Hungary
  • Gyula Ocskay: ICT enabled cross-border governance
  • Péter Sasvári – Wolf Rauch: Austria and Hungary: Different stages of readiness to create added value by using business information systems
  • Valéria Limpók: Good governance in the field of taxation book review
  • András Patyi – Ádám Rixer: Hungarian public administration and administrative law

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Ádám Rixer: Civil Organ​isations’ participation in legislative proc esses in hungary

The relationship of the civil/non-profit sector and public administration may be examined from several specific aspects, but in our opinion these fields may be put into three – relatively – well distinguishable groups. Therefore, the relationship of administrative bodies with civil organisations may be identified in a) the creation of administrative programs and participation in legislation; b) the provision of public services, and c) the protection of rights. From these three this work undertakes to describe the aspect of civil participation in programme making and legislation in details, in a way that elaborates on the issue from the side of state administration.

The primary method of this research – due to the shortage of systematic scientific bases – cannot be anything else but the comprehensive collection of formal institutional facilities provided by Hungarian laws.

The paper distinguishes those special forms of participation which approach the legislator (a state administrative body participating in legislation) directly, and those institutionalised solutions through which the citizen or a particular (civil) organisation may influence the content of laws not by approaching the legislator (state administrative body participating in legislation), but through another state organisation.

It can be stated that the Hungarian legal system makes it possible to channel the direct and institutionalised participation of civil entities within program- and law-making activities of organs belonging to public administration, expressing their interests. Moreover, the Hungarian legal system has introduced developed and sophisticated mechanisms even compared to the international legal practice.

Real deficiencies can rather be detected concerning the material and legal consequences of different initiatives, the frequency of convening various corporate bodies, and mere formal mode of operating the particular mechanisms.

Furthermore, the trouble is that the civil/non-profit sector is strongly „infected” by direct partisan politics in Hungary: there is a large number of pseudo-civil entities and initiatives within the scope of activities of proposal-making, advisory and coordinative bodies. A special appearance of the abovementioned difficulties is the lack of strong and effective state-civil society joint mechanisms which aggregate and uphold Roma (Gypsy) interests.

In summary we can draw the conclusion that the individual segments of civil society, the political culture and also the administrative bodies participate in legislation i. e. their representatives must improve to comply with the already existing legal framework of statutory instruments.

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Ilona Bodonyi: ​Police in diverse society

In the past about 50 (in Eastern Europe 20-25) years society and police has been through two dramatic changes; political changes and turning into multicultural, diverse society. The responses of society, of politics and the police to these circumstances were quite different, regardless, that the international and EU institutions facing the problems tried to formulate the adequate requirements (Parliamentary Assembly Assemblée parlementaire RESOLUTION 690 (1979) Declaration on the Police; COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2001)10 of the Committee of Ministers to member states on the European Code of police Ethics).

During the process of the political changes the role of police in society was reconsidered; it “was no longer viewed as dangerous, unsavory, diversionary, and politically retrograde, but as key component of social stability and economic development” (Bayley, D.). And now, the most important question is: how is it possible to create an organization that strengthens democracy’s values and norms in its structure and function, and is able to answer the new challenges of the diversity?

Diversity means differences in the backgrounds or lifestyles, it relates to gender, age, language, ethnicity, cultural background (multiculturalism), disability, sexual orientation or religious belief. Diversity also means differences in other aspects; in educational level, job, socioeconomic background, personality profile, geographic location, differences in interest and differences in political conviction. That is why every society has its special conditions, which affect the responsibility of the politics and the police.

States have different styles and strategies when it comes to dealing with diverse groups within their borders. Concerning these circumstances the presentation will analyse these strategies, their theoretical background (principle of multiculturalism, inclusion, integration), aims (first of all the sustainable development) bad and good practices, and the possible societal responses (acceptance; prejudice, societal conflicts; hate crime). In case of the analysis of a diverse society security aspects should also be taken into consideration. The police strategy and philosophy must be harmonised with the democratic responses of politics on societal diversity; police need an adequate education in order to meet these requirements.

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Györgyi Nyikos: Institution-system in transition (Cohesion Polic y in Poland and Hung ary )

The preparation of the new 2014-2020 period is taking place, alongside the consideration of the planning and programming tasks there occurs also the question, what kind of institution system would be necessary for the implementation tasks, and whether it is necessary and if yes, what kind of change of the currently existing organizations would be needed and what factors would influence the structure of the cohesion policy’s implementation institutional system. Poland and Hungary are two cohesion countries, both of them using significant amounts of structural funds financing public investments. Despite the common regulation at EU level the two countries seem to choose different solutions in order to guarantee smoother implementation that will allow policy objectives and results to be achieved more effectively – Hungary is centralizing and Poland is rather decentralizing the system. What is behind this phenomenon? Which is the best way to strengthen the efficiency of the cohesion policy?

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Tamás Kaiser: New forms oF governance ​in the transnational cooperations

To realise the full economic and social potential of the so called „macro-regions”, the EU has already defined comprehensive strategies for the Baltic Sea and the Danube area, providing a strong rationale for establishing further macro-regions inter alia in the Mediterranean and the North Sea. These efforts are part of an emerging paradigm-shift towards a functional and integrated approach by transnational nature but at the same time it serve as a test case for territorial cohesion in general, and – as a special mode of multi-level governance – for territorial governance in particular. This paper advances the argument that in the light of the post 2013 cohesion policy and European Union Strategy for the Danube Region it is worth exploring and comparing the possible institutional models in order to establish an innovative operational practice of territorial governance.

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Tibor László Buskó – Attila Jószai: Beginnings of Urbanization Processes as Exemplified by the Buda​pest Metropolitan Area

Preface to a Historical Model of Urbanization

Investigating Hungarian urbanization processes – especially when using the example of the Budapest Metropolitan Area – has been a central research topic of the Hungarian regional science discourse during the past decades. Research work increasingly contributed to better understanding of those urbanization processes, on the basis of a model of urbanization elaborated by Leo van den Berg and – as for the Hungarian literature – György Enyedi. 

This article conceptualises the two most important approaches to urbanization, the ’evolutionary school of thought’ and the ’historical school of thought’. The evolutionary school can be interpreted as a group of theories that identifies urbanization as a universal process of successive ’stages of urban development’. The historical school of thought is relatively unknown. This is because it does not concentrate on popular – and, sometimes, slightly simplistic – generalisations, but rather on characteristics of individual trajectories of urbanization Joining forces with the historical school. The present article tries to formulate a clearer notion of the urbanization

development within the context of the recent Budapest Metropolitan Area during the period of 1900-1945. Using contemporary statistical publications, we built a database that helps to quantify the intensity of urbanization processes. We were able to distinguish communities falling under the ’immediate urbanization zone’, communities falling under the ’broader urbanization zone’ and communities that did not participate in any urbanization processes at all.

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Attila Marj​án: The euro’s political economy relevance

This paper discusses the political economy relevance of the European common currency. Politics are just as important as economics – if not more important – to guarantee the longevity of a shared currency. The euro is clearly a political construct and its first significant crisis demonstrated that its survival is not only a political issue but also that it needs further political coordination among the Eurozone member states.

 

 

 

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Jan Pastwa: The Role of the Visegrad Cooperation ​in EU Foreign Relations

The Visegrad Group reflects the ongoing efforts of the countries of the Central European region to cooperate in a number of fields of common interest within the European integration. Despite the diverse roots of their religious and social backgrounds, particular economic and geopolitical interests, the Czech Republic, Hungary, Poland and Slovakia have always been part of a common civilization sharing cultural and intellectual values. The V4 concentrates on such issues as the future of cohesion policy, strategic programming and the regional development policy. The major task is to promote the EU growth potential by pursuing the most important initiatives such as completion of the Single Market or governance of the Economic and Monetary Union. The Visegrad Group should serve to better coordinate the V4 positions with regard to EU policy towards EaP countries, in particular Ukraine, Belarus and the Western Balkans. Another important aspect of the V4 cooperation within EU foreign relations concerns not only Central-Eastern and South-Eastern Europe, but also the collaboration with Japan, China, Israel or Egypt. Concerning the short-term challenges, it is essential to focus on networking and improving people-to-people contacts between Eastern and Central Europe through various national programmes and initiatives of individual V4 partners. From the Polish perspective, the aim of the Visegrad Group is to further strengthen the V4 position within international forums and to achieve a further EU enlargement. Concerning the issue of the V4 geopolitical position, it is natural that they will support the further sustainability of the EU project, the EU enlargement policy and the development of neighbourhood policy. The V4 should cooperate with the Eastern Partnership area in order to successfully complete the EU integration process which later requires further transformation.

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prof. Ing. Ľudmila Lipková, CSc.: Ten years of Slovakia’s membership ​in the European Union

The paper analyzes the membership of the Slovak Republic in the European Union, the development of the Slovak economy during the 10 years of membership since joining the Union, participation in the financing and disbursement of funds from the EU budget, Slovakia’s participation in the functioning of the single market, the euro area, the participation of Slovak citizens in elections to the European Parliament and outlines the future of Slovakia in the European Union.

 

 

 

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Toms Rostoks, Veronika Šilkina: Latvia’s foreign policy: 10 years of EU membership

This article aims to address the impact of EU membership on Latvia’s foreign policy since 2004. It looks at five key aspects of Latvia’s foreign policy – relations with the EU’s eastern neighbours, the development cooperation policy, relations with Russia, the cooperation of the Baltic States, and the diaspora policy – in order to assess the effects of EU membership. The article finds that the impact of EU membership varies. The influence is at its strongest with regard to Latvia’s development cooperation policy, which was largely initiated by the EU membership. With regard to the European Neighbourhood Policy, it has strengthened Latvia’s already present willingness to contribute to the development of countries such as Moldova, Georgia, Ukraine, and Belarus. While the EU membership initially had a restrictive effect on the cooperation of the Baltic States, it has become apparent over time that the Baltic cooperation is useful both within the EU context and outside of it. Massive outward migration, in large part a consequence of EU membership, has strengthened the need for a more coherent diaspora policy. The relationship with Russia is probably the element of Latvia’s foreign policy that is the least affected by the EU membership, both because Russia prefers bilateral relations with Latvia over a multilateral approach and because of the significant hard security aspect present in Latvian-Russian relations.

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Yuri Krivorotko: Public procurement system in Belarus: ​administrative aspect

The article presented here is the country research and has an analytical character. In it the system of public procurement in Belarus is concerned. Stages of public procurement system’s formation and its legislative base, development of electronization of purchases are considered. The public procurement system at the sub-national level is analyzed and weak points are emphasized. Corruption aspects and ways of their minimization in public procurement activity are showed. Debatable issues and ways of procurement activity improvement in Belarus are presented.

The methodology of research is based on the analysis of a series of data on public procurement in the Republic of Belarus, budgetary expenditures on public procurements in the local governments of the Minskaya oblast1, on e-auctions procurement at the Universal Commodity Exchange. Statistical data for analysis obtained from official sources, such as the State Statistics Committees, Ministry of Finance, Open Joint Stock Company (OJSC) the Belarusian Universal Commodity Exchange and on-line databases of analytical centers working in this field, etc.

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Ágoston Restás: Decision Making Method in Emergency

Introduction: In case of emergency we can face a special situation without any warning sign and we can meet the requirements for improvisation making our decision. Improvisation can be at any level of the management (strategic, operational and tactical) but at tactical level the time pressur is certainly the biggest problem. Fire managers have a typical profession, during which making recognition-primed decisions as a symbol of naturalistic decision-making is regularly required. Method: Different tools and methods were used to achieve goals; one of them was the study of the relevant literature, the other one was author’s own experience as a firefighting manager. Other results come from two surveys: one of them was an essay analysis, the second one was a word association test; both of theme were specially created for this research by the author. Results: the author created a simple and a complex model for firefighting managers making decisions, taking into account the time pressure, the limited capability of processing information and also a mechanism complementing the recognition-primed decision.

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Katalin Pallai: Design considerations and results of a large integrity training programme for civil servants in Hungary

This article presents the design considerations for a training methodology for integrity education of civil servants in Hungary. During the design process I went beyond the widely used principal agent theory and the positivist approach to corruption prevention. I did it because I considered the principal agent concept in itself inadequate for understanding and preventing corruption in the given context where certain practices that clash with formal regulation and the principles of Western democratic integrity are widely tolerated and are spreading like memes. In such organizational contexts, prevalent in post-communist public sector organizations, the normative clash between formal regulation and informal culture can create a collective action problem situation. In order to solve the normative clash, besides the positivist anti-corruption instruments, an argumentative process for norm socialization is also necessary. Thus, my training method is built on a dual perspective: corruption analysis and integrity development are discussed both from a rational, positivist and a post-positivist, argumentative perspective. The positivist content is conveyed mainly through cognitive channels. The training method itself serves as a live model for the participants to grasp the argumentative process of norm and trust building still unfamiliar for most experts and civil servants in the region. The training workshops already implemented for more than 10,000 civil servants were also followed by an effectiveness assessment survey the results of which are also discussed in the paper.

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Lilla Bauer: Public Ed​ucation Policy in the Years of Transition

Some remarks (comments) on the centralization of the public education system in Hungary

This study examines the challenges and failures of the discourse on the education policy-making process. Fully matured reforms are hampered by a lack of continuity and efficacy. Organizational constraints, such as a lack of institutional dialogue, can be observed behind many education policy failures. This paper explores the implications of applying discourse analysis to research projects in the field of education policy studies in order to illustrate how new insights can be gained through a discourse analytical approach. I seek to examine elements of the policymaking process, such as policy formation, implementation, and evaluation. Actions of the state are implemented through increasingly complex sets of institutions. Organisations and structures provide the framework in which policies are defined and policy decisions are made. I hope that my analysis will yield evidence for my hypothesis that decision-makers are not quite clear about the fact that the implementation of the government’s objectives and public policy programs do not necessarily coincide.

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Gyula Ocskay: ​ICT enabled cross-border governance

In the present study we try to draft the frameworks for interpretation of cross-border governance and to define the potential role of ICT solutions in developing functioning governance models. For the sake of a better understanding we have divided our study into four chapters which define successively the notions of ‘governence’, ‘border’, ‘cross-border governance’; the final one focuses on the effects ICT solutions can have on cross-border governance.

Our starting-point is the presumption that space is a social product, consequently borders can be considered as results of conventions and not administrative or physical barriers. Since space is a social product it is determined culturally by the community / society and is defined by a particular discourse, during the last 4 centuries by nation states and nationalisms.

Nowadays, national discourse on space is gradually loosing its self-evidence and new forms of institutionalised cross-border cooperation are emerging. This evolution will change not only the traditional terminology of space but also the way of governing things. The progress of info-communication technology resulted in the birth of virtual space, virtual identity. The world of spaces has given place for the world of flows. In this situation cross-border governance opens new perspectives for cooperation.

In our study we try to give a short overview on the issue of cross-border governance, on its theoretical background, its opportunities and limitations. The term ‘cross-border’ will be used in its stricter sense referring to direct cooperation across state borders.

For better understanding, we have divided our study into four chapters enlarging gradually the field of investigations started by the definition of ‘governance’.

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Péter Sasvári – Wolf Rauch: Austria and Hungary: different stages of readiness to create added value ​by using business information systems

It is very important to recognize that the future of e-government cannot be thought through in isolation, it cannot be assessed as a series of administrative tasks or a wider set of measures aimed at making the state more efficient. The administration of today and tomorrow essentially depends on the changes of the economy, society and culture as well. Local governments and public administration serve the interests of citizens and businesses alike, therefore public administration significantly depends on the knowledge, consciousness and mentality of individuals and enterprises, too. However, it is still an open question whether enterprises in Austria and Hungary actually have the IT infrastructure enabling them to adopt the devices of e-governance at a faster pace. The primary objective of this paper is to explore the differences and similarities in the usage of information systems in different size categories in Austria and Hungary. More precisely, it examines how frequently information systems are used in four of the pre-defined size categories (microenterprises, small and medium-sized enterprises and corporations) in both countries. Microenterprises in Hungary hardly used any information systems. When comparing the two countries, the smallest difference could be observed in the use of information systems by corporations.

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Valéria Limpók: ​Good governance in the field of taxation

The current crisis draws attention to the problem of the tax systems and welfare state sustainability. Tax competition all around the world and aggressive tax planning techniques resulted in changes in tax systems, shifting the tax burden from capital to consumption or labour. Intensely tax-friendly states for businesses and individuals destroy the tax base of other countries. In 2013, the OECD, the United Nations, and the G20 and G7 called for changes. Their efforts aim to create the minimum standards of good governance in tax matters and therefore increase budget revenues. Currently, the European Union seems to have a common interest in promoting good governance in the taxation as well; which is defined as the principles of transparency, exchange of information and fair tax competition. However the distinction between “fair” and “unfair” tax competition is much easier in theory than in the practice. From 2015 onwards, the EU aims to introduce administrative cooperation including information exchange between tax authorities, as part of the intensified fight against tax evasion. Balancing the tax sovereignty of the individual countries with the legitimate protection of their tax revenues is an enormous challenge.

Motivated by the above facts, in this paper I will present the main characteristics of the efforts creating good governance in the field of taxation.

In the last part of the work an overview will be given about the Hungarian responses to these challenges and with the help of a survey I try to analyze the reactions of the economic actors.

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András Patyi – Ádám Rixer (Eds.): ​Hungarian public administration and administrative law

Resume from the foreword by István Kukorelli (Professor of Public Law, DSc.) Head of Department of Constitutional Law Eötvös Loránd University, Faculty of Law The system of Hungarian public administration has gone through major institutional and legal changes in the past three-four years. This English language publication, Hungarian Public Administration and Administrative Law, presents the system of today’s Hungarian public administration to foreign readers – its constitutional bases, main functions (for example public finances, public services), its main institutions, procedures, sanction system, staff – by paying special attention to the aforementioned changes. Moreover, it must be mentioned that some of the essays shed light on the history of public administrative institutions and draw their course of development.

The book may be important and instructive because the increase in significance of public administration and the growth of the number of its tasks have been worldwide phenomena both in legislation and in law enforcement. In the opinion of some experts, this course of development has been predestined, and there is a forming ‘public administrative state’, as separate branch of power, which focuses on results and seems to be independent from the executive. Partly due to these phenomena, constitutional requirements defined for public administration, the theory of constitutional public administration gain significance again and again. The essays of this book specifically focus on these rule-of-law requirements, among others the following:

  • subordination to law and legality of public administration;
  • the wide-scale supervision of public administration by external constitutional institutions.

Separate essays deal with public administrative law, the right to good public administration, administrative courts, and the control role of the prosecutor and the ombudsman over public administration. The social control and publicity of public administration may be facilitated by the civil relationships of public administration and the quasi public administrative organizations.

The book pays special attention to the modernization of public administration, e-public administration and info-communication. 

Even though the publication was realised in the cooperation of the Lajos Lőrincz Research Centre for Public Law of the Károli Gáspár University of the Reformed Church, Faculty of Law and the National University of Public Service – its editors are András Patyi and Ádám Rixer – the scope of authors includes almost the whole of today’s science of Hungarian public administrative law and the departments and law faculties teaching this subject. A separate essay studies the past and present of the science of Hungarian public administrative law.

The book may appear for the foreign reader as a descriptive, critically evaluating and extremely informative publication. It uses various legal sources and studies the main case law, as well. Its authors and editors aimed at facilitating understanding by unifying legal terminology and definitions, and by using internationally accepted professional terms. This publication is the scientific work of the representatives of the science of Hungarian public administration, and the majority of its authors, editors and lectors are members of the Hungarian Academy of Sciences, Section of Economics and Law, Committee of Public Administration.

Based on this, I gladly recommend this book to all interested readers.