Public Administration Procedures Research Articles

Climate Change, Governance Quality, and Poverty: Empirical Insights from Vietnam’s Provincial Level

ABSTRACT This paper studies the impacts of governance quality with various dimensions on poverty under the context of climate change for a panel data set of 63 provinces in Vietnam over the period 2006–2021. Results reveal that governance quality reduces poverty through the channels of public service delivery, control of corruption, democracy, transparency, vertical accountability, and public administrative procedures. Remarkably, such dimensions of governance quality as public service delivery, control of corruption, democracy and transparency have more pronounced adverse effects on poverty compared to the influence of vertical accountability and public administrative procedures. However, climate change not only exacerbates poverty, but also mitigates the favorable impact of governance quality on poverty reduction. Findings imply that leveraging the diverse aspects of governance quality can effectively combat poverty, provided that climate change is addressed concurrently.

Az ügyfél és a hatósági döntéshozatal a digitalizáció korában

The study examines the digital transformation of Hungarian administrative procedure and the advance of automation. Based on statistical data, the study highlights that in connection with digital public administration procedures, the importance of customer-focused services appears as the standard of digital public administration. Digitalization is dominated by electronic contact options, online information and submission of electronic requests, rather than complete automation of administrative procedures. The study focuses on digital authority procedures from the point of view of how this manifests itself primarily for the client: how to satisfy the need for information, how to contact the authorities and how to initiate the procedure. In addition to the legal bases, this part primarily focuses on the possibilities. After that, the consequences of digital solutions (automation) for making substantive decisions from the customer's point of view are discussed; this part of the study therefore concentrates more on the normative side of the processes and finally analyzes this. As a result, it states that automatic decision-making is mainly used in case of registrative acts based on official records and decisions embodied in decision-type documents, but there are already examples of the automation of the decision-making mechanism in connection with the production of facts. Although more complex automation is just spreading its wings, in connection with the rapid technical development and innovations of recent years, the legal system must keep up with digitalization and not give in to it.

INTERNATIONAL ASPECTS OF INTELLECTUAL PROPERTY RIGHTS PROTECTION

The article is devoted to the study of the main aspects of international protection of intellectual rights. The authors consider a number of international conventions and treaties, as well as the main provisions of cooperation between WIPO and the WTO under the Agreement on Trade-Related Aspects of Intellectual Property Rights. International treaties form a network that serves all member states, depriving them of the opportunity to act arbitrarily, at their discretion. They establish common norms and standards of IP protection, deviation from which is punishable by sanctions. By signing such treaties, states agree to partially abandon their own IP laws and follow the path of convergence with the laws of other countries. Such agreements exist for almost all categories of IP. The international system of public administration procedures in the field of intellectual property today is based on two conventions concluded in the late XIX century: Paris Convention for the Protection of Industrial Property of 20 March 1883 (Paris Convention) and the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Berne Convention). These two Conventions played a fundamental role in the subsequent development of legal institutions. In the modern world, a certain system of international legal regulation of related rights has already developed, which directly affects the European related law, since, in particular, the norms of international law form the basis of the legal system of the European Union, and form international, including European, standards of intellectual property rights, including copyright and related rights. The main institutions dealing with IP protection on a global scale are the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). All member states of the European Union, as well as the European Community are members of the WTO organization, which has gained great importance in the field of intellectual property in connection with the adoption of the TRIPS Agreement. The reason that prompted states to choose a forum other than WIPO to negotiate this agreement was the growing dissatisfaction with the existing contrast between the precision, elegance, even sophistication of the treaty documents that were negotiated at WIPO and the inadequacy of the means to ensure the practical implementation and uniform interpretation of these treaties in different countries. The TRIPS Agreement addresses five important issues: the principles of the trade system and international agreements on intellectual property, the minimum level of protection of intellectual property rights, measures to enforce these rules, the procedure for resolving disputes in the field of intellectual property, as well as transitional measures during the implementation of the systems. Ukraine is a party to more than 50 multilateral and bilateral international treaties on intellectual property. Therefore, it is advisable to determine the role of international standards in the system of intellectual property rights protection as integral components of the national legal system in Ukraine. This has become especially important since 24.02.2022 due to the outbreak of a full-scale war on the territory of Ukraine. The occupation of the territory of Ukraine by Russian invaders and the theft of industrial infrastructure, cultural heritage, art objects, which are also objects of intellectual property. Absolutization of copyright and related rights protection does not automatically mean bringing such protection to international standards. Recently, in Europe and the United States there has been an understanding of the need to find a consensus between the interests of copyright and related rights holders and the interests of society for access to cultural heritage. It is necessary to amend the legislation of Ukraine in order to harmonize the interests of copyright and related rights holders and the interests of society for access to cultural heritage, in the context of introducing only the minimum requirements of international legal acts for the protection of copyright and related rights and simplifying access to copyright and related rights.

3S-LEADERSHIP MODEL AS A TOOL OF USING DESIGN THINKING IN THE SYSTEM OF PUBLIC GOVERNANCE

The problem of integrated implementation of technology and techniques of design thinking, design management and design leadership into public administration should be considered a priority, as this area is the institutional component that determines the level of either innovative development of a society or its stagnation and decline. The dynamic changes in the intellect, mentality, experience, life values and orientations of modern people set new requirements for leaders in the age of intellectual economy, therefore traditional theories and models of leadership no longer meet the needs of group design-thinking. The purpose of this study is to determine a leadership model most adequate to the principles and criteria of design thinking so as to adapt it to the priority use in the processes and procedures of public administration. The tasks of the study are to analyze the expediency of changes in traditional leadership models and tools oriented to new requirements for design leaders; to outline the conditions for the effective management in the “leader-follower” pair in order to substantiate the role of a leader in design-thinking process and identify the leader’s influence on the group’s performance depending on the level of his/her mastery of using design thinking methodology; to assess the level of adequacy of the 3S leadership model to the criteria and methods of design thinking. To reach the objectives of the article the method of comparative analysis was used. The results of the analysis of the known models of design thinking processes revealed that this process is a fundamental condition and basis for leaders to create an atmosphere of effective use of their own intellect and the intellect of their followers in “leader-follower” pair for joint creativity and innovation. The conclusions of the study draw attention to the feasibility of and conditions for integrating the intellect of “leader-follower” pair and using for this purpose a model of 3S-leadership, based on common behavioral phenomena of synarchy, syntelect and synergy of its members. The main condition for the group to use design thinking technology efficiently has been defined as the mastery of design thinking methodology by its leader with the simultaneous use of the 3S-leadership model to influence followers, which will allow all group members to re-orient to the criteria of the 3S-model, their intellectual activity to be organized according to the recommendations of design thinking, and the leader to transform into a real design-leader who ensures a collective synergistic effect, i.e. a joint innovative product. Authors believe that the results of this study will contribute to the development of programs for training design-thinking leaders for the national system of public administration.

Transparency in Local Government in Vietnam

While it is only one of the features of good local governance, the transparency of local government promotes citizen participation, enhances accountability, enforces the rule of law, social justice association and control corruption. Therefore, institutional reform to enhance the transparency of local government is one of the important issues that Vietnam has attached great importance to in recent years. Based on a theoretical framework and data from the Provincial Public Administration and Governance Performance Index (PAPI), this paper analyzes the transparency of local government in Vietnam from 2011 to present. Research results show that although the transparency of local government in Vietnam has improved, it still does not meet the requirements. Although the construction and improvement of legal institutions to improve the transparency of local governments has been highly valued, the effectiveness of the implementation of legal institutions in this area is still not high. Local government transparency is tied to citizen participation and government accountability, but not to other aspects, such as public administrative procedures, quality of public services and control corruption.

Spatial spillover effects of fiscal decentralization on governance and public administration quality

ABSTRACT This study examines how fiscal decentralization affects the quality of governance and public administration. Using a balanced panel dataset of 63 provinces in Vietnam over the 2011–18 period and employing the spatial Durbin model, we find that governance and public administration quality develop gradually, leading to spatial spillovers across provinces. Importantly, revenue decentralization exerts a negative spatial effect on participation, transparency, accountability and control of corruption, but exhibits a positive spatial effect on public administrative procedures across regions. By contrast, fiscal transfers improve transparency, accountability and control of corruption. That is, fiscal decentralization drives local governments in ‘a race to the bottom’ when they address budget shortfall pressures.

Examining the role of the knowledge gap as a driver towards e-Government service adoption

Using data from the multivariable, nationally representative Good State Public Administration Opinion Survey carried out in 2017 by the Institute for Research and Development on State and Governance at the National University of Public Service in Hungary, the aim of the paper is to test the hypothesis that the knowledge gap theory can be applied to the use of online public administration services: higher status equals not only wider and more sophisticated usage of ICT tools (and more awareness of trust in the Internet), but also more knowledge about public administration procedures themselves, which has resulted in various channel-preferences and routines among the users of different public services. The results show that the knowledge gap clearly exists in terms of public administration-related knowledge and it affects the choice of channels for managing administrative issues.

Особливості правового забезпечення процедур публічного адміністрування у сфері інтелектуальної власності в країнах Європейського Союзу

Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.

СИСТЕМА ПУБЛІЧНОГО УПРАВЛІННЯ УКРАЇНИ: ТРАНСФОРМАЦІЙНІ ЗМІНИ ПЕРІОДУ ВІЙНИ

In the article, the author analyzed transformational changes in the system of public administration in Ukraine and its effectiveness, presented the characteristics of challenges and threats, problems that affected the entire system of public administration in modern conditions. Special attention is devoted to ways of obtaining a new quality of organization of the public administration system, adequate to the new political and economic realities, transformation of the institutional environment of public administration. The substantiation of the priorities for improving the functioning of public administration institutions, the importance in modern conditions of the clarity of the regulation of public administration procedures, the systematic control and supervision of the objects of administrative influence, i.e. the spheres and branches of public life in respect of which the organizing influence of the state is realized, and the presence of feedback links are presented in order to understand the effectiveness of management decisions made. The tasks of public legal institutions during the war are clearly identified. The strategic directions of the functioning of public administration bodies during the war period are outlined and the importance of streamlining the activities of public administration institutions, optimizing their list and structure, removing their redundant and duplicative functions, etc. is emphasized. Special attention is devoted to the information security of the functioning of public administration bodies in Ukraine during the war, to counteracting the involvement of special information technologies and resources that disrupt the sustainable development of the state and society. The main objects of the information war are characterized. Emphasis is placed on the difficulty of implementing the self-organizing component of the institutional environment of public administration and the involvement of civil society institutions in the management processes, the need to reduce the amount of information that is freely available to the public, and at the same time the importance of involving the public in the main spheres of society, in ensuring the security of territories, volunteer activities, which is an important help to the subjects of public administration.

Россия в сверхкритической ситуации: управление восстановлением функций жизнеобеспечения для преодоления последствий природной макрокатастрофы

Supercritical fluid is a state of matter when its temperature and pressure are above the critical point. Supercritical situation is a state of the economy in its cumulative manifestations and mutual influence, whereby the state of key life-support profiles is below the critical point of controllability. Various forecasts are increasingly actualizing the probability of a natural (and man-made) macro-catastrophe (a large meteorite fall, an earthquake of 10–12 points and others, as well as a pandemic similar to COVID–19, but with more severe consequences). As the coronavirus pandemic has shown, modern civilization is becoming ever more vulnerable to such disasters. To overcome the destabilizing trends of a natural (and man-made) macro-catastrophe, it is necessary to adopt proactively a set of measures in Russia that will drastically increase the efficiency of public administration in relation to the list of regulated resource, economic, technical, social and other parameters incorporating mechanisms and procedures of public administration into market mechanisms and the budgeting structure with regard to external and internal factors of the supersystem's vital activities.

E-GOVERNMENT SERVICE ADOPTION THROUGH THE LENS OF THE KNOWLEDGE GAP

The aim of the paper is to raise some issues in relation to the technology adoption-based e-government acceptance models and that the knowledge gap theory can be applied to the use of online public administration services: higher status equals not only wider and more sophisticated usage of ICT tools, but also more knowledge about public administration procedures themselves, which can result in various channel-preferences and routines among the users of different public services. Using data from the multivariable Good State Public Administration Opinion Survey, the paper shows that the knowledge gap clearly exists in terms of public administration-related knowledge. Based on this finding, the paper recommends that the currently marginally used ‘necessary knowledge about public administration procedures’ factor should be more widely incorporated in e- government adoption models, as it can have a significant effect on adoption, or alter the effect of other constructs in these models.

PUBLIC ADMINISTRATION, ETHICAL INTEGRATION AND GLOBALIZATION

The presented paper deals with globalization in connection with the ethical and moral dimensions in public administration, global ethics, ethical conceptions and a feasible ethical integration in the area of public administration. The core of the article is concentrated on the most influential and debated ethical theories and their influence on public administration decision making and professional traits which have to take a dominant place in the field of administrative profession. Special attention is put on the role of public administration procedures of taking ethical decisions.

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The article considers the features of public administration in the field of intellectual property and the conceptual basis for the formation of its procedures in the European Union. The conceptual bases of formation and development of procedures of public administration in the field of intellectual property in the countries of the European Union are opened. The pluralism of approaches to the definition of public administration procedures in the field of intellectual property in the countries of the European Union is analyzed. The normative-legal base of procedures of public administration in the field of intellectual property in the countries of the European Union is given. The acts of the Court of Justice of the European Communities on public administration in the field of intellectual property are analyzed. It is proved that the formation of European private law is due to the purpose of creating and functioning of a common market. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. The process of improving the procedures of public administration in the field of intellectual property in the European Union is analyzed and the legal framework of this process is given. A feature of European Union law is to strengthen the protection of intellectual property rights through two main mechanisms: harmonization of legislation of member states of the European Union and the introduction of European Union protection documents for various intellectual property. Thus, other partner countries of the European Union, in addition to measures to approximate legislation, may decide on the signing of agreements on entry into the regional European system of protection of certain intellectual property. The member states of the European Union pursue a coherent policy in the field of legal protection and use of intellectual property. Guided by the principle of free movement of goods and services, they focus their efforts primarily on the unification and harmonization of legislation in the field of intellectual property and prevention of the use of intellectual property rights in unfair competition. Within the European Union, a system of direct regulation of the processes of unification and harmonization of legislation in the field of intellectual property, which is especially characteristic of the field of copyright and related rights. The Court of Justice of the European Communities plays a significant role in the unification and harmonization of the legal regulation of relations in the field of intellectual property. In the absence of appropriate harmonization of national legislation in the field of intellectual property with the principles of free movement of goods and services, as well as freedom of competition, proclaimed by the European Union, the importance of the case law of the European Court of Justice is difficult to overestimate. The beginning of unification and harmonization activities in the field of intellectual property protection is preceded by a stage of case law enforcement practice, which allows to identify existing gaps in legal regulation and solve relevant problems. At present, it is a question of the existence of a special system of intellectual property rights of the European Union, formed in its general features, built on principles different from the traditional national ones, with a special subject of regulation. At the same time, this system is a new legal phenomenon that is developing quite dynamically and rapidly along with national and international legal systems. The legal regulation of intellectual property relations in the European Union aims to ensure a high level of protection of these rights, as they are the legal basis for the protection of the results of creative activity. The conclusion about the urgency of research of problems of public administration in the field of intellectual property in the countries of the European Union is made.

Blockchain informative infrastructure: a conceptual reflection on public administrative procedures and a citizen-centred view

PurposeThis work highlights the potential of blockchain from a public management (PM) angle. Given the limited presence of blockchain's broad-spectrum, empirical-applicative evidence in the public sector, as well as theoretical systematisations that can exemplify its potential within this scope, the authors have concentrated their efforts on structuring a referring model.Design/methodology/approachAfter identifying a gap and conducting a preliminary literature review related to public administration (PA), the authors propose a paradigm focused on a conceptual synthesis methodology, starting from a longitudinal analysis and a coding activity that are able to structure a clear framework of theoretical parallelism regarding blockchain's main functionalities, as well as future perspectives in the public sector.FindingsThe main results yielded a specific longitudinal literature review and constitute a referring model of blockchain's systematised functionalities through a conceptualised matrix. The outcome of the conceptualisation process frames and systematises a rapidly growing controversial phenomenon, furnishing a specific referring paradigm for the issue as it relates to policymakers.Originality/valueThe study's originality resides in the two views the authors created, both from the literature review and from the conceptual synthesis for public sector operative practice via an anthropocentric lens, conveyed by a three-year range of analysis.

Factors affecting e‐government adoption in Liberia: A practitioner perspective

AbstractGlobally, e‐government implementation is growing, including in sub‐Saharan Africa, evidenced by the frequently reported benefits of e‐government programs in developed countries. The government of Liberia is pursuing an e‐government agenda to improve governance through the effective and efficient use of technology in the public sector. Liberia, one of the most underdeveloped countries in the world is bedeviled by over 10 years of civil war and most recently an Ebola virus outbreak which created severe human capacity gaps. The government has realized that in order to accelerate development and enhance its peoples' livelihood, it must integrate technology into its public administration procedures. However, the implementation of e‐government in Liberia has had mixed success. The objective of this research is to identify critical factors affecting the implementation of e‐government in Liberia. To achieve this aim, a reflective practitioner approach is employed as a lens to collect and guide the analysis of qualitative data. The data are collected through focus group discussion with senior IT practitioners (CIOs) of Liberia who are leading the delivery of e‐initiatives in Liberia. The factors identified are intended to guide how e‐government initiatives are implemented in Liberia. This research contributes to raising awareness about Liberia's e‐government program.

All‐of‐government response to the COVID‐19 pandemic: The case of Vietnam

All‐of‐government response to the COVID‐19 pandemic: The case of Vietnam

ОРГАНІЗАЦІЙНА КУЛЬТУРА ТА ЦІННІСНІ ЗАСАДИ ПУБЛІЧНОГО УПРАВЛІННЯ, СУЧАСНІ ТЕХНОЛОГІЇ ДОСЯГНЕННЯ СОЦІАЛЬНОЇ ЄДНОСТІ В ГРОМАДАХ

The article analyses the issues regarding the need to reform Ukraine's public institutions, taking into account European norms, standards and procedures of public administration. This will increase the efficiency of the organization, which will lead to positive economic consequences in the activity of the public authority, better performing of its functions by the employees and optimizing of the decision-making process. The concept of organizational culture, value principles, modern tools for their implication in communities are considered. The author develops the recommendations for the development of organizational culture of public authorities in the context of public administration reform in the process of its decentralization aiming to strike a balance between public values, and proposes methods in organizing cross-sectoral communication in amalgamated local communities using modern digital technologies. The purpose of the article is to analyse the concepts of organizational culture and values of public administration in order to develop skills of inter-sectoral interaction with the participation of citizens; exploring the prerequisites for creating a common information space in the communities that produces data on aspects of local development taking the case of the system. It is determined that organizational culture is a system of moral norms, values, traditions, rules, prohibitions and ideas inherent in public service, which are formed in the process of joint activity of a certain organization, are shared by all members of that organization, determine their behaviour and activities, contribute to the achievement of goals. For the formation of values in a society by the authorities, a dialogue with the society should be developed, which will allow avoiding the acute problems that occasionally appear in the society, but also to formulate a policy, taking into account the needs of the society and, at the same time, informally influence its attitudes. Generally, society and culture may be regarded as a self-regulating system of values. They inform the individual about the optimal behaviour and means in achieving the goals, foster its socialization, orient in public life, evaluate his/her actions, provide encouragement or punishment of a person, determine his/her civic competences. The values ensure the exchange and interaction of participants in communication processes in a society; unite people in their activities, although they may act as a cause of conflict within and between social groups. The principles of the Intelligent system, which promotes the system of problems solution based on active citizenship and cooperation, are discussed. Smart Interaction is aimed at identifying and resolving issues by residents in an acceptable and convenient way - either independently or through local government institutions. «Smart Interaction» can be started with the fixing of the «Smart Interaction» platform on a special map, installed in smartphones, local issues with the direct involvement of residents. But unlike static map markers, community mapping uses special interactive beacons to create a space for «alive»” community engagement. This concerns the problem-solution, the mobilization of resources from a variety of sources, including co-financing with donors/business/investors, residents, the local budget and many other opportunities. It is concluded that the development of modern digital platforms for communication within the community improves cross-sectoral interaction, engages residents in decision-making, democratizes the values of public administration, modernizes organizational culture and reduces the burden on local governments, thereby increasing its efficiency.

Latvian Digital Diplomacy—Approaches and Policy

Changing the habits of information consumption and the presence of digital communication in society necessitates also the national diplomatic services to adapt to the new challenges and use of digital communication channels. The aim of the study is to find out the development of the implementation of digital diplomacy tools in the diplomatic service of Latvia and the influence of institutional factors in the mentioned processes.Study of publicly available documents regulating the communications process were carried out and direct interviews with the management of the MFA Communication Directorate were executed.According to the study findings, digital diplomacy is regulated by the general procedures of public administration as well as the MFA Communication Strategy, which establishes the general principles of communication and relationship building with stakeholders.MFA is aware of the importance of digital diplomacy and the need to develop this direction, but more exigent activity is limited because of other diplomatic service priorities. The limited institutional capacity and the available financial and human resources limit the implementation of these processes in a short time period, thus possibly losing the competition to the countries with similar historical, political and socio-economic level of development in the battlefield of public diplomacy.

Políticas de administração e gestão em países da Lusofonia: Perspectivas críticas sobre a Nova Gestão Pública e a pós-burocracia em educação

Nas últimas décadas, ganhou centralidade a chamada Nova Gestão Pública/New Public Management que se tem traduzido, entre outras formas, pela incorporação e implementação de princípios de racionalidade empresarial e de gestão privada nas instituições e organizações públicas. Muitas reformas setoriais seguiram esses princípios, alguns dos quais foram concretizados na redefinição do papel do Estado e em alterações nos procedimentos da administração pública, tendo também induzido outras mudanças nos modos de regulação social em contexto de internacionalização crescente do capitalismo. Na sequência destas mudanças, a obsessão (frequentemente mais retórica do que real) com a eficácia e eficiência do Estado passou também a ser entendida no quadro de uma racionalidade pós-burocrática. Esta nova racionalidade foi, no entanto, pouco accionada nos textos que se seguem, tal como aconteceu com a da hiperburocracia—ao contrário do que era desejo dos editores deste dossiê. Esta constatação não deixa, de algum modo, de revelar que a ideologia da Nova Gestão Pública é ainda o referente hegemónico no campo da pesquisa e reflexão das ciências sociais e das ciências da educação. Ainda assim, do nosso ponto de vista, o que é mais notório nas contribuições que se seguem é que muitas das promessas das diferentes versões da ideologia da Nova Gestão Pública, ou não foram cumpridas, ou foram-no apenas parcialmente, sendo uma das críticas mais contundentes a esta ideologia aquela que se pode traduzir na ideia de que administrar é muito diferente de governar. Em síntese, o Dossiê aqui apresentado, objetiva, entre outros aspectos e em diferentes contextos nacionais da lusofonia, analisar reformas e políticas públicas de educação (com dominância em dimensões da administração e gestão, avaliação e accountability, privatização e mercadorização) que, implícita ou explicitamente, assumem, em graus muitos diversos de aprofundamento crítico e/ou de sustentação teórico-conceptual e empírica, alguns dos pressupostos atrás referenciados, os quais os/as autores/as entenderam priorizar.

The realisation of the constitutional principles - the right to good administration and the right to legal remedy - in Hungary

The paper aims to present the realisation of two procedural principles – the right to good administration and the right to legal remedy – regulated also in the Fundamental Law of Hungary, which entered into force on 1st January 2012. The right to legal remedy has been a constitutional principle since the change of regime (in 1989) and the right to good administration has been constitutionally named only by the Fundamental Law of Hungary. The actuality of the paper is the fact that in Hungary from the 1st of January 2018 completely new codes regulate the general public administrative procedures and the administrative justice. Based on these Acts, a new legal remedy system has been introduced regarding administrative decisions in which the judicial review procedures became – instead of the internal administrative appeal procedures – in most of the cases the firstly used legal remedy possibility regarding administrative decisions. After a short overview of the new legal remedy system which has been introduced regarding administrative decisions, the paper presents the constitutional basis of the right to good administration and the right to legal remedy. Finally, we analyse in detail the latest and most relevant decisions of the Constitutional Court of Hungary and some cases of the Curia of Hungary about the practice of the direct enforcement of the constitutional principles: the right to good administration and the right to legal remedy regarding administrative decisions.