Conference Agenda

Overview and details of the sessions of this conference. Please select a date or location to show only sessions at that day or location. Please select a single session for detailed view (with abstracts and downloads if available).

Please note that all times are shown in the time zone of the conference. The current conference time is: 1st May 2025, 10:53:40pm EEST

 
 
Session Overview
Session
PSG. 10-3: Law and Public Administration : Automatisation of administrative decision-making in sectoral law and practice;
Time:
Thursday, 05/Sept/2024:
9:00am - 10:30am

Session Chair: Prof. Dacian Cosmin DRAGOS, Babes Bolyai University
Location: Room Γ6

25, Third floor, New Building, Syggrou 136, 17671, Kallithea, Athens.

Show help for 'Increase or decrease the abstract text size'
Presentations

Public and/or Private? Remedies Against the Different Decisions on Social Care Services in HUngary

István HOFFMAN1,2,3

1Eötvös Loránd University (Budapest), Faculty of Law, Hungary; 2Maria Curie-Słodowska University in Lublin, Faculty of Law and Administration; 3HUN-REN Centre for Social Sciences, Institute for Legal Studies

The paper will foucus on the multi-layer remedy system of social care services in Hungary. First of all, the remedies on the obligation of public service provision will ber analysed, especially the remedies against the normative tools for public service provision (decrees on fees and standards of services) and the remedies against the omission of the public bodies which are obliged to perform these services.

As a second tier, the remedies against the decisions and omissions of service provider institutions will be reviewed. It should be emphasised, that the social care services are interpreted by the Hungarian legislation as legal relationship governed by private law, but with partial public law regulation. Thus, the care services are interpreted as civil contracts with partial public law regulation. Therefore, the civil courts and civil litigation is an important part of the remedy system of these public services. However, there is a public remedy against the decisions of the service providers, the so-called complaints, which are regulated by the sectoral (public) regulation. These complaints are managed differentially based on the Hungarian judicial practice: those maintainers of instituions which are public bodies should have a public decision, which can be reviewed by an administrative court procedure and those maintainers who are legal entitites governed by the private law, should have a decision governed by the private law, which can be reviewed by civil litigation.

These multi-layer and fragmented system has several tension, especially at the second tier, where private and public remedies could be found in paralell. The presentation will have a recommendation for the legislation to reduce the tension: it recommends to form a public decision on the establishment of the care service, which would be a public decision, thus a more standardised relation and remedy system with less dogmatic tensions could be introduced.



Dynamic Procurement Systems in EU Law

Dacian Cosmin DRAGOS, Nadia SAVA, Alexandru BUTFIC

Babes Bolyai University, Romania

Dynamic procurement systems (DPS) are a possibility granted to the contracting authorities to conduct an entirely electronically organized procurement process which is open, throughout its validity, to any economic operator meeting the qualification and selection criteria for procurements of ordinary use, the characteristics of which are generally available on the market to meet the needs of the tendering authority.

DPS in EU public procurement offers increased efficiency, flexibility, and cost savings through increased competition and reduced administrative burden. However, challenges include supplier qualification and evaluation, compliance with rules, and potential risks.

The inclusion of sustainable considerations is a difficult issue in DPS: its flexibility, readiness and repeatability do not accommodate organically sustainability considerations so they must be considered attentively so they do not annul the advantages of this special procurement tool.

Future developments and the needed reform of dynamic purchasing systems in EU public procurement are also discussed.



The perspective of a fully digital European public procurement system

Gabriella M. RACCA1, Roberto CAVALLO PERIN1, Aristide POLICE2

1University of Torino, Italy; 2University LUISS “Guido Carli” - Roma, Italy

The contribution aims to analyze the possible connections of the Virtual Company Dossier and the Digital Identity Wallet initiative, both at a European and national level. It provides opportunities in developing European and national qualification of economic operators in the public procurement sector, assuring secure and reliable means to authenticate and verify qualifications of users across the EU. Thus enabling businesses to easily carry out multiple types of transactions, potentially increasing participation in procurement, while reducing the burden and cost of each offer submission. Indeed, although pilot projects have so far focused only on the data of citizens, the proposal for a European regulation on the new digital identity wallet (so-called EIDAS 2) will also apply to private companies and, consequently, to economic operators which participate in the public procurement procedures. Similarly, the evolution of the digital European Single Procurement Document and its reuse will be examined. The perspective to evolve the ESPD structure of the requirements deals with the need to overcoming the “self certification” with the subsequent necessary activity of the public officials which should be filled in automatically, thanks to interoperability and the fluxe of data among the databases (as is already the case in Estonia). The ESPD could at least become a hybriddocument: automatically filled in for mandatory requirements, freely filled in for non-mandatory/non-automatically assessed and special requirements, as well as a means of proving self-cleaning. The contribution aims also to analyse the national level and the way of collecting enterprises data in the different Member States: for example, Italy is implementing a Virtual Company Dossier fed through interoperability with other information sources via the Digital National Data Platform (PDND), should provide the coordinated evolution of the evaluation of the reputation of the suppliers, also considering the interoperability and collection of data and declaration of Italian Chambers of Commerce, and of all the different authorities involved. The contribution aims to underline the need for a fully interoperable ecosystem data, which could provide a European digital public procurement system, also by preventing, reducing claims related to the qualifications of economic operators and delays in the public contracts award and execution.



The Sui Generis Nature of the Remedies on the Decisions of Regional Development Aids in the Hungarian Legislation and Legal Practice – Focused on Irregularity Issues

Lili GÖNCZI, István Hoffman

Eötvös Lorand University, Budapest, Hungary

Regional development aid plays a significant role in the Hungarian public service provision system. The majority of investments in Hungarian public services are co-financed by these funds. Therefore, the legal regulations governing these aids and the remedies against the decisions of state agencies are important issues. This article analyzes the dogmatic background of state aid and regional development contracts, as well as the consequences in the field of remedies against decisions made by managing authorities.

It is emphasized that there is a tension between EU and national-level legislation. According to EU regulations, these contracts and the liability arising from them are interpreted as administrative matters. However, Hungarian legislation, and to some extent judicial practice, primarily highlights the private law nature of these contracts. The article examines the judicial practice concerning these remedies and emphasizes that the aforementioned tension is evident. This tension has significant effects, particularly since it calls into question the effectiveness of these remedies.



Automated Decision-Making in Administrative Procedures: Impact on Administrative Law & Data Protection Principles

Grega RUDOLF1,2, dr. Polonca KOVAČ3

1Information Commissioner of the Republic of Slovenia; 2University of Ljubljana, Faculty of Law, Slovenia; 3University of Ljubljana, Faculty of Public Administration, Slovenia

The introduction of artificial intelligence (AI) systems for automated decision-making represents a pivotal shift in public administration, leading to a digital transformation that challenges established legal frameworks and core legal principles. This transformation seeks to find a balance between encouraging innovation and maintaining efficiency, as well as protecting the rights of individuals. This paper will examine the incorporation of such systems into administrative procedures, examining both the implications for personal data protection and the adherence to administrative law principles in decisions impacting individuals' rights and obligations. In addressing this integration, the study aims to address a significant research gap by assessing the direct impact of AI on essential legal principles, especially within administrative (procedural) law and data protection.

Utilizing a combination of descriptive, normative, and doctrinal methods, along with an analysis of regulatory proposals and a crucial decision by the Court of Justice of the European Union (CJEU), the research will analyse the relationship between automated decision-making systems and core legal principles. This article will explore the integration of automated decision-making in public administration, combining theoretical and practical perspectives within comparative EU and national legal frameworks. It will illuminate the necessary legislative, organisational, and technological adjustments to comply with evolving administrative and data protection legislation. By analysing case studies, relevant court decisions and a range of scientific articles, white papers and policy briefs, the study strives to provide guidance for practitioners in public administrations tasked with implementing these technologies, ensuring adherence to legal principles. The insights derived from the study will also be crucial for policymakers and legislators, aiding in the development of regulations that harmonize the application and supervision of innovative artificial intelligence systems, thus enhancing both administrative law protections and data protection practices.



 
Contact and Legal Notice · Contact Address:
Privacy Statement · Conference: EGPA 2024 Conference
Conference Software: ConfTool Pro 2.6.153+TC
© 2001–2025 by Dr. H. Weinreich, Hamburg, Germany