"Democracy is only possible where the State serves its citizens and administers their affairs in an equitable manner, without prejudice or abuse."
Fundamental Law of Hungary
I selected the topic "The introduction and functioning of Government Windows" for my paper prepared within the framework of the PhD grant provided by the Ministry of Justice of Hungary mainly because it is a current topic, given the fact that this field was often subject to regulations during the last 5-6 years, which made me quite curious. Since the political changes of 1989-1990 it has become clear that the previous system of public administration is not sustainable because the public services which should serve the needs of citizens are not compatible with the expectations. Ambitions to encourage the discharging of public functions of the Hungarian state were present in a subsequent manner; the implementation of modernisation concepts did, however, always stop at some stage, or was quite difficult, which was attributable to the lack of electronic and IT systems, devices. The reform of territorial public administration has been a case at issue for almost a decade, and we can still see this progress today.
A solid system of public administration is a good indicator of a Government, because citizens come across public administration in taking care of their issues, e.g. when they register a newly bought vehicle, in childcare cases, and so on. Citizens' attitude towards public administration is, therefore, especially important, because it also reflects the trust in the Government.
Nowadays we use Government Windows to take care of 80% of our cases, therefore these offices deal with a lot of clients. Public administration concerns almost all domains of life or is at least related to it to some extent. Innovation in multiple fields at the same time has a significant effect on the image of Hungarian public administration. Formulating the expectation that, unlike before, clearly better, more cost-efficient, and client-satisfying services should be provided partly through setting expectations regarding the experts in public service and their commitment can also be relevant in the transformation of territorial public administration bodies.
The Zoltán Magyary Public Administration Modernisation Programme, a strategic document, lays down the foundation for the functional framework of Hungarian Public Administration on the medium run. The Magyary Programme aims at operations that consider the needs and interests of clients and are client-focused, simplifying processes, continuously reduce the burden on clients, and develop services that are uniformly of high standard and accessible to everybody. The Government offices were set up to improve service quality and to ensure clients a one-stop option to take care of their issues. According to the Programme, "the state will be regarded as good and ideal if it serves the needs of individuals, communities, and businesses with a view to and within the framework of public good and in the most appropriate way. The concept of "public good" also means that the state ensures the lawful and equitable balance between the countless interests and needs, ensures the opportunity to enforce one's needs, and provides protection. Secondly, the good state acts with due responsibility in order to protect and the passing inherited natural and cultur-
- 423/424 -
al resources over generations. Thirdly, the sole self-interest of the good state is to be capable of enforcing the previous two aspects of public good efficiently and under any circumstance, i.e. it establishes an efficient rule of law, and, as a part of this, it ensures the functioning of institutions, the respecting and accountability of individual and community rights."[1] The connotations of good state and public good have a double content today. On the one hand they have an ethical content that is different for each individual, on the other hand it has a political content oriented by the ruling political party. It is actually impossible to define these two concepts based on these contents of meaning, we can only describe them, because they have different meanings in each state and for each individual. There is a study on index.hu, an online newspaper, that used a lot of data sources like Eurostat, HCSO, Tárki, and Freedom House. Its opinion barometer, compiled by an expert team, is a questionnaire-survey using a dedicated sample of more than 2,000 individuals. "This study revealed that the majority of Hungarians, 47.6%, thank that the Hungarian state does not correspond to the idea of good state, while the minority, 45.3%, thinks that Hungary is a good state. Almost 50% of the respondents do not have trust in the Government and an economic boom, banks, public authorities, and in people in general. In addition, 49.9% think that the state should interfere with the economy to the least possible extent (this is in contrast with the opinion of 35% of the respondents, who identify themselves more with the idea the Government has regarding the role of the state); 61.3% of the respondents think that the tax system is unjust, and 46.4% thinks that the state does not spend taxpayers' money on useful thinks (while 41% likes the investments of the state)."[2]
We can see that Hungary is, on the whole, nearer to the implementation of the good state than being a bad state.
The setting up of Government Windows played a significant role in the renewal of territorial state administration; they were launched in January 2011, as the first element of setting up the one-stop facilities for public administration matters in the integrated client service offices of the government offices of the capital city and the counties. Their function is to provide comprehensive information for clients in public administration matters and to start, manage public administration matters and provide public administration information in a one-stop system. The setting-up of government windows contributed to the service-oriented profile of public administration in the 21[st] century. Government Windows were opened on 1 January 2011 with the setting up of Government Offices. First-generation government windows were opened as the first stage of the one-stop shop administration system at 29 locations in the country. Initially, 61 case types were available, this scope has been extended since then. A government window is the integrated client service office, a so-called organisational unit, of Government Offices. The greatest benefit of the one-stop shop system of administration is that the client can deal with, or at least initiate, his or her public administration matters in one location. The scope of matters that can be dealt with in this way is expanding, one can check the number of such case types on the http://kormanyablak.hu/hu/feladatkorok website.
First they opened at county seats and in cities with county rights; the number of second-generation government offices has, however, been increasing since 2014; they have been opened at township centres as well. What makes them different from first-generation government offices is that they deal with more case types, i.e. they serve as offices of government issued documents as well.
According to the Government, this form of administration is family friendly, because citizens can take care of their public administration matters at places of uniform image and they receive quality service. The implementation of this idea required a lot of funding, so that these locations can be built according to the spatial and colour requirements of the state. Government Windows have, therefore, a uniform image, they provide the same services, the locations are accessible for disabled people, i.e. they are open to disabled people, the elderly, and those with little children.
This is guaranteed by the fact that these offices employ specially qualified clerks who have comprehensive knowledge; this is coupled with generous opening hours. Initially,
- 424/425 -
the government offices were open from 08:00 till 20:00, then, at the end of 2014, this was somewhat narrowed, according to real needs. "From 1 December 2014, opening hours of government windows are set by the government offices on a county and capital city district level, but opening hours on Mondays and Thursdays are the same in the entire country, i.e. they are open on Mondays from 07:00 till 17:00 and on Thursdays from 08:00 till 18:00"[3] "The existent system must, however, be simplified, because the organisationally non-integrated, deconcentrated bodies have separately functioning client service offices."[4]
Hundreds of calls were launched for the training of government window employees as they will be part of the image of the state, i.e. their readiness will be key in regaining and maintaining the citizens' trust in the state. The original idea was that the number of government windows would increase tenfold by the end of 2013; a part of them would have been created at the location of the offices of government issued documents. It was a priority objective of the Government to expand the scope of case types that can be taken care of in government offices. Within the meaning of Government Decree No. 515/2013. (XII. 30.), 255 types of official cases could be dealt with in the new government windows which provided additional services in 10 other types of cases. The different case types are divided into so-called case-type levels providing citizens the option of immediate administration, standard administration, forwarding of submissions, information, official services, and cases falling within the scope of offices of government issued documents. After the entry into force of Government Decree No. 77/2016. (IV. 6.) on 8 April 2016 (this Government Decree amended Government Decree No. 515/2013. (XII. 30.)), requests can be submitted, i.e. cases can be opened, in 280 new cases and information can be requested in 228 types of cases in the government windows, which means that 508 new types of cases were introduced. According to Government Decree No. 304/2016. (X. 13.) on the implementation of the Government Decree, 1,480 types of cases were available administration in the government windows."[5] The number of case types increased with 66 new case types on 1 January 2017. The number of forwarding case types increased with 38, that of information-related case types increased with 27, that of immediately administered case types increased with 1; hence, a total of 1,540 case types can be administered in the government windows.
Since the opening of the first government windows in 2011 (when hardly anybody could take advantage of the options offered by government offices or could use them), some years had to pass so that we can contact government windows with most of our cases. Nowadays not only county seats have government windows (as it was the case at the beginning) but in an increasing number of smaller towns as well.
It is the piece of legislation on government windows that enumerates the case types that can be dealt with in government windows. According to the schedule, there are cases that can be solved immediately and ones falling within the scope of the own competence of government windows; the number of the latter case types is more than 700, while there are almost 700 case types in which the government window provides information. The government windows also provide additional services, such as Client Gate registration, which is the most common one. The most common case types administered in government windows are the followings:
- vehicle administration (e.g. cases related to vehicle registration cards, seller's declaration on the change of the ownership of a vehicle, registration of transfer of ownership, registration of the keeper, parking card, etc.),
- announcing the loss or finding of a personal identification card,
- announcing one's home address, place of stay,
- application for a new personal identification card and address card.
Government windows administer cases falling within the scope of their functions and they provide information, including the calling to supply missing information, until the case is closed. Government windows are useful and practical because one does not need to consid-
- 425/426 -
er the opening hours of several offices, as their have the same opening hours everywhere, and one does not have to take long trips in the same town or in several towns to have everything arranged. There are so many cases that even their enumeration is difficult. No matter what case we bring before the Government Office, we will get information on almost everything. The most common case types administered in government windows are, amongst others, the followings:
- passport-related cases,
- cases related to private entrepreneurship and business licencing,
- vehicle registration cards and licence plates,
- personal identification cards,
- issuance, replacement of driving licences.
In addition, there are countless cases which are though not administered in the government window, but it forwards our submission, so one still does not need to go far if the application is not administered in the government window, because they initiate the case.
Special attention should be paid to taxation issues, because they are administered in twelve government windows only (as of July 2017); until the end of 2018, however, client desks for taxation issues will be opened in 94 government windows - according to the Ministry for National Economy. Objectives for 2018, therefore, make tax administration possible in 64 more government windows.
The complex system of government windows required the transformation of the IT background of public administration. The complexity and diversity of the system caused several interruptions in the past: the specific systems developed with various technical solutions and the applications supporting such systems had one goal, to support the work of a specific segment. This meant no interoperability, the systems were not harmonised. To enable the system of government windows to allow a more efficient administration than before, the infrastructural background, IT tools, software applications had to be developed and transformed. One can see that main thing the uniform image and high-standard of government windows replacing the previous offices of government issued documents required were the IT systems and computers. 30 billion HUF was available for the setting up of the system of government windows. "The development and strategic concept of the Government Window Programme divides into three pillars that assume and complement each other: intellectual, physical and IT pillars. The physical pillar meant construction investments and procurement of furniture in hundreds of locations in the country. The intellectual pillar meant the development of a new, modular administration interface for the employees in the government office. This was the government window system and the Government Window Knowledge Base (hereinafter referred to as Knowledge Base) laying down the content, in a systematic form, for the government window system. According to the legal definition of the Knowledge Base, it is a digital database operated by the minster responsible for the organisation of public administration with a view to ensure professionalism in the discharging of functions and competences related to the case types administered in government windows and the preliminary information service provided by the nationwide telephone client service."[6] In the beginning, almost 300 government officials who have passed the examination qualifying for client services started to work in the offices and they provided information in 29 case types (as of 2011). The employees working at the client desk took a one-year theoretical and a 4-week "onboarding" training in which they acquired technical and practical knowledge. Government officials must comply with strict ethical principles such as the requirement of combatting corruption and politeness. The ethical requirements are displayed in the client service office, hence they are available for both the clients and the government officials.
The main component of the IT pillar was the setting up of the IT infrastructure involving 3 billion HUF for hardware procurement. This was important because the terminals at the points of administration must have outstanding technical performance, because a harmonised system is key to uniform administration. The number of case types administered or launched in government windows is increasing continuously, the target is to administer 2,500 case types. Smooth administration
- 426/427 -
requires a proper IT background establishing a permanent link between clerks, background applications and specific administration systems. Clients can use tablets in the government windows, which allows Client Gate administration, debit card payment, and filling in, approval and submission of forms. We will, however, discuss it later how the increasing role of IT affects clients who must use these systems, tools.
According to Government Decree No. 66/2015. (III. 30.), the government windows and offices of government issued documents operated by the district offices discharge their functions referred to them in separate legislation with jurisdiction over the entire country, unless any piece of legislation provides otherwise. The government window or office of government issued documents in the area of jurisdiction of which the home address or, in the absence thereof, place of stay (registered seat, place of business) of the client is has the competence for ex officio procedures. If there are more than one government windows or offices of government issued documents in the area of jurisdiction of the district office, then the competent government window or office of government issued documents is the one specified in the rules of procedure of the district office.
A new, modular, and electronic administration interface has been developed for the government window clerks within the context of the intellectual pillar. A basic component of this is a central knowledge base that allows for the efficient management of more than 2,000 case types[7]. This facilitates the work of the clerks and the telephone and online client service employees in their servicing the clients and provides access to the case descriptions in a non-technical way for clients. Client authentication and payments are integrated in the administration interface. The training of clerks and client service employees is also an important part of the intellectual pillar. The concepts concerning the legal institution and the legal background elaborated on the basis thereof has been processed in a comprehensible way within the project SROP 2.2.20 "Training government window employees", a training programme organised by the National University of Public Service, which was elaborated by the Ministry of Public Administration and Justice and the Office of Public Administration and Justice. "The purpose of the Knowledge Base is, in line with the intention of the legislator, to lay down the foundation for the technical background of this new type of client service, including:
- improvement of client service quality and assurance of compliance with the requirement of client-friendly public administration;
- facilitation of an administration which is based on life situations;
- supporting the work of integrated client service clerks and settlement administrative assistants in the daily administration by providing legal content.
The intention has two aims, because (by providing support in the management of more than 2,000 case types) it facilitates the work of the clerks and the telephone and online client service employees in their servicing the clients and provides access to the case descriptions in a non-technical way for clients. The content of the Knowledge Base consists of tables filled in according to a predefined structure and with predefined content including all meaningful information for the case type at hand as necessary for administration, and, assisting the overview of case-type rules, it displays references to legislation; hence, it is a basic requirement, and practical challenge, regarding the Knowledge Base that it contains current, up-to-date, and accurate information that government window clerks can always use. Preparation of the Knowledge Base application and its implementation in government windows meant a great deal of development work, but the transformation of basic processes related to the operation of the system, regulation of content-updating and uploading processes, setting up the central support service for the system, and continuous, smooth operation are also indispensable. The structure of the Knowledge Base organises information relevant for administration. Some 220 pieces of information are available for each case. The principle organising the setting-up of the structure for case description was that
- 427/428 -
data are uploaded according to the scheduling of an average administration process. Paragraph (1) of Section 12 of Government Decree No. 515/2013. (XII. 30.) on Government Windows (hereinafter referred to as the Government Decree), pieces of legislation on certain case types, contains copious information that appears in the database. In addition, its setting up must also respond to the challenge that the Government Window provides services that are based, regarding the cases administered by it, on knowledge dispersed in the administrative organisation and is generated and located at different locations. This knowledge and information exist but cannot be made common without a practical IT system."[8]
Their function is to assist administration either at the home of the client or near to it, similarly to government windows. The administrative assistant, belonging to the organisation of the district office, assists clients in administration processes falling within the scope of competence of the district office at the place of residence of the clients, he or she is instrumental in the launching of procedures and, if necessary, during the procedures as well. The municipal administrative assistant informs clients in cases falling within the scope of competence of the district office, provides the necessary forms, and assists in filling them in, and forwards such forms to the competent body. "The district office may discharge its functions regarding the settlements falling within its area of jurisdiction through branch offices or municipal administrative assistants as well."[9] When the organisation and structure of district offices were set up, it was a significant criterion that the existing number of points of administration does not reduce and the citizens have access to administration not only at the seats of district offices. Consequently, it is possible that district offices have branch offices as separate organisational units in districts that have a larger population or where the number of cases is high or the distance from the district centre makes this necessary. In smaller settlements where the district office does not want to have a branch office but wants to ensure the option of administration, the municipal administrative assistant has consultation hours a few times a week. Municipal administrative assistants are the new, mobile clerks of district offices in settlements whose population is higher than 1,000. This solution has received absolutely positive feedbacks because, as it has been observed, clients like to contact them due to the personal nature of this kind of administration. The administrative assistants can be contacted in the joint offices during consultation hours. Residents of settlements with a population higher than 1,000 can submit their petitions at the administrative assistant in the joint office, in the district office in person, or via mail. We can regard municipal administrative assistants as mobile clerks.
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (hereinafter referred to as Services Directive) forced Member States to recodify their internal laws in many aspects. Chapter II of the Directive regards the simplification of administration as a cardinal criterion, and set the goal to set up one-stop-shop points of administration, thus facilitating the establishment of service providers in other Member States. In Hungary, Act CXI of 2008 on the Amendment of Act CXL of 2004 on the General Rules of Administrative Proceedings and Services (hereinafter referred to as Administrative Procedures Act) (hereinafter referred to as Novel Administrative Procedures Act) transposed the most relevant provisions in terms of the Services Directive into the national law, although one-stop shop administration had had, surprisingly, a half a century long tradition in Hungary. The ministerial reasoning to the Novel Administrative Procedures Act uses the term one-stop shop administration for several legal institutions. According to Article 6 of the Directive, "Member States shall ensure that it is possible for providers to complete the following procedures and formalities through points of single contact:
- 428/429 -
(a) all procedures and formalities needed for access to his service activities, in particular, all declarations, notifications or applications necessary for authorisation from the competent authorities, including applications for inclusion in a register, a roll or a database, or for registration with a professional body or association
(b) any applications for authorisation needed to exercise his service activities.
(c) The establishment of points of single contact shall be without prejudice to the allocation of functions and powers among the authorities within national systems."[10]
One of the main goals of the organisational changes was to establish a one-stop shop administration of uniform image which means "a form of administration in which the client can take care of several procedures falling within the scope of competence and jurisdiction of all procedures and formalities needed for access to his service activities, in particular, all declarations, notifications or applications necessary for authorisation from the competent authorities, including applications for inclusion in a register, a roll or a database, or for registration with a professional body or associationthe authorities and can meet all formal requirements in doing so"[11]. This was introduced in the form of Government Windows within the framework of the Magyary Public Administration Development Programme. The main purpose was to make administration as efficient, quick, and simple as possible, and that citizens do not need to travel to various places but that their cases can be either started or dealt with on the spot. One stop shop administration has been introduced in many European countries. The "one stop shop" model is most prevalent in Nordic countries as a solution for municipal services and administration.[12] The Nordic "One Stop Shop"[13], therefore, means the process from the submission of petitions through information provided by clerks, to the direct assessment of cases. The thing is, however, that in other countries cases cannot be dealt with at a single physical spot, but the client must go to different desks or windows to deal with his or her social or labour administration cases. In Hungary by contrast functions from almost all the professional administrative agencies have been transferred to government windows, and this will surely continue in the future.
The only thing Hungarian and foreign examples are in common is perhaps that foreign governments also try to facilitate administration for clients.
I would first like to explore the meaning of "professionalism". Government Decree No. 29/2012. (III. 7.) on the qualification requirements of public administration officials lays down the qualification requirements for public administration officials. The Government launched the courses in autumn 2012, hoping that it will train excellent public administration officials. The system of client focus, therefore, required the mandatory periodic training of clerks. Moreover, transformation is still in process. But how effective was it? Had all clerks acquired 100% knowledge? I tried to get an answer to these questions with my questionnaire. I asked the following question: Are you satisfied with the competence of the government window clerk in administering your cases?
I got 81 replies in total. 46.91% of the respondents were fully satisfied with the competence of the clerks; consequently, their retraining met the expectations. By contrast, 45.68% of the respondents did only partly agree. The fact that almost half of the respondents did partly agree allows for the conclusion that the clients have specific cases with specific issues which the clerks could not completely learn at the trainings. Finally, 7.41% of the respondents were not satisfied at all with the competence of the clerk in administering their cases. What could be the reason for this? In my opinion, the issue at hand lies within the qualification of the employees. The thing is that a clerk can work in the one-stop shop administration system with a certificate of secondary school final examination. Another source of the problem is that the client loads the clerk with responsibility in countless cases, even if the client is to blame or the relevant piece of legislation does not provide an opportunity to fulfil his or her request. The proportion of responses would, in my opinion, improve if the minimum qualifi-
- 429/430 -
cation requirement for clerks was a diploma in public administration or if they were obliged to go to more complex periodic trainings.
In another research project, I analysed the professional qualifications of officials of government offices, district offices, and government windows, i.e. I checked whether they have secondary-level or tertiary-level qualifications, and I came to the following conclusion:
I have found that the majority of employees have higher education degrees in this segment of public administration. The respondents in this study were from the County Government Offices of Tolna County and Baranya County, and the District Offices, and I found that the number of public officials with higher education degrees is significantly higher in this domain of public administration. Qualification can, exceptionally, explain why clients are only partly satisfied with the competence of clerks. This is because a higher education degree basically implies a broader knowledge, but such experience can be acquired with service as well.
What I could mention as advantages of the existing system is the scope of cases that can be either administered or launched on the spot, because citizens do not need to travel to the nearest city to have their cases administered or launched, which saves them a lot of time. On 1 January 2014 the administrative time limit changed from the previous 30 days to 21 days, which obviously accelerates administration. Since 1 January 2016 the objective time limit is 60 days. In case of Government Windows, however, this applies to cases received and forwarded and is not typical of cases that are administered on the spot. According to act CL of 2016 on General Public Administration Procedures, which enters into force in 2018, "the administrative time limit shall be:
(a) twenty-four hours in the case of automated decision-making;
(b) eight days for summary proceedings;
(c) sixty days for full hearings."[14] To what extent can this time limit be kept? I got the following replies to my questions:
I could come to the obvious conclusion that, in the opinion of the clients, the administrative time limit of 21 days can be and is also complied with. I think that the 16.05% might be due to individual issues which could have been dealt with individual solutions only. It is my personal experience that some issues are not assessed according to the law but based on rumours or routine. Experience shows, unfortunately, that not all the clerks always follow up the amendment, adoption of legislation; however, they should have up-to-date knowledge in dealing with clients. This defect could be eliminated by a specialised lawyer who could provide appropriate information for clerks.
The basic principles are such specificities of this branch of law that are laid down in consideration of practical experience. These basic principles must function especially in the administrative proceedings.
They include the followings:
- the principle of proper exercising of powers,
- the principle of free evidentiary procedure,
- the principle of professionalism and simplicity in the procedure,
- the principle of cooperation between the authority and the client,
- the principle of limiting the rights of clients to the necessary extent,
- the principle of protecting rights acquired and exercised in good faith,
- officiality, i.e. ex officio procedure,
- the right to fair administration and the right to a decision adopted within the relevant time limit,
- the principle of the obligation of action in good faith on the part of the client, i.e. the principle of good-faith procedure,
- the principle of cost-efficient and efficient procedure,
- the principle of free selection of the form of communication.
My study investigated to what extent the three-word motto of one-stop shop administration, which appeared often in the media and in other studies, could be implemented in todays administrative procedures.
"To what extent have the following criteria been implemented in terms of administration, in your opinion ?" I also got 81 replies to this question. The variables are the followings: all of them
- 430/431 -
have been implemented, none of them has been implemented, only promptness has been implemented, only efficiency has been implemented, only simplicity has been implemented, only promptness and efficiency have been implemented, only promptness and simplicity have been implemented, only efficiency and simplicity have been implemented. It can be established that, on the whole, almost half of the respondents are satisfied with the meeting of the criteria. Efficiency has absolute priority, the criterion "none of them has been implemented" shows a low figure (16.05%).
Almost half of the respondents were on the opinion that the administration criteria, namely promptness, efficiency, and simplicity, were met. Consequently, if one is satisfied with the competence of clerks in the administration of one's cases, then, as a matter of fact, one regards all three criteria as met. We can, therefore, draw the conclusion that the competences of the clerk matters a lot, and his or her competence greatly depends on professional experience, updated knowledge, and attitude. I would like to support this thought with that of Zoltán Magyary: "The value of all organisational and procedural reforms depends on the value of officials."
Quick administration is a relative thing because it can be defined for a specific case type only. Processing time limits in administrative proceedings vary a lot[15], they stretch from prompt to years-long administration, depending on the case type at hand. The principle of promptness is, therefore, to direct legal practitioners, regardless of case category, towards optimum workflow organisation with a view to quick administration. Promptness should, therefore, be understood in consideration of the goal of the procedure in question.
The principle of simplicity is complementary to the fundamental principle of competency in the procedures. The simplest possible procedure should be striven for, in consideration of competency, for several reasons, e.g. due to the need for quick administration. In doing so, involving other persons, bodies into the procedure, conducting evidentiary procedures are practical only to the extent necessary. Unnecessary procedural actions should be refrained from because they increase the complexity, opacity, and length of the procedure.
"Several fundamental principles guarantee the efficient procedure of the authority; it happens, however, quite often that it is the behaviour of the client that hampers most the efficient work of the authority. Although the authority does everything that is in the interest of the client, he or she might be called to supply missing information due to his or her own inattention, or, in an evidentiary procedure, he or she provides the authority with an useful evidence only after having been urged to do so multiple times. It is beyond doubt that condemning the authority for the potential delay of the procedure or an incomplete or deficient decision would be unlawful. This means that the client should bear the negative consequences attributable to his or her behaviour. This fundamental principle can be authoritative in a lawsuit for damages due to an injury caused within administrative powers where the behaviour of the client underlies the damage or its conditions. This principle can be authoritative even for those cases where the procedure of the authority is expected to have an outcome which is negative for the client, i.e. a fine. Although in such cases the law responds with the legal consequences of hampering the procedure."[16]
E-administration means that we can deal with our cases from home or through internet access while staying abroad. The public opinion is that e-government and e-administration are the same, but this is not true. The two concepts are closely connected, but mean different things. As its name implies, e-administration means the form of communication between the client and the clerk. "Electronic public administration means all the activities, material resources and legal conditionalities that aim at rendering the internal functioning of public administration and the connection between public administration and the client electronic and the exploitation of the opportunities of electronic applications."[17] This e-system, however, is by far not perfect, because there are electronic gaps between the different age groups. This implies that there is a generation today, that
- 431/432 -
rejects the e-world with all its advantages and disadvantages. Electronic public administration (set up by the service-providing state) should close, or at least narrow, these gaps. New IT solutions are applied in government windows where, after verifying the identity of the client, the options of both modern administration and conventional, document-based administration are also available. Secure, modern administration is guaranteed with a tablet connecting to the background systems through a high-security WiFi system. 4 channels will be available for interactions, after the verification of identity:
- physical client service desk (conventional)
- telephone communication
- e-communication
- interactive virtual administration
One of the main objectives of electronic public administration is that as may clients as possible use the e-services which require the opening of a client gate, either in the government windows or in the office of government issued documents. This service implies internet access because the client can access his or her password and user name via email. Government window clerks usually inform clients of the optimal form of administration; the client is, however, free to choose from them. One of the greatest advantages of e-administration is that it is cheap, because there are no mailing costs; its establishment is, however, by far not cheap, i.e. it is a long-term investment, which will hopefully return over time. Smooth administration is facilitated by the IT knowledge of younger employees and the Digital Welfare Programme, a government strategy aiming at providing broadband internet access in 3.5 million households by 2018.
Decree No. 39/2013. (XII. 30.) of the Minister of Public Administration and Justice on the Staffing and Technical Resources of Government Windows specifies the scope of equipment necessary and provided for the general functioning of government windows "1. At each client service desk:
a) 1 desktop PC (min. dual core processor, CINT2006 Rates baseline min. 60 point, CFP2006 Rates baseline min. 70 point, minimum 4 GB memory, minimum 250 GB HDD or equivalent mass storage, DVD drive),
b) MS Windows 7 or later, or LINUX operating system,
c) 1 large LCD screen (min. 26"),
d) 1 tablet or equivalent IT equipment to provide e-services (hereinafter collectively referred to as tablet) (minimum 9.5" touchscreen, theft-safe installation providing comfortable access for both the client and the clerk),
e) webcamera and headset for interactive virtual administration services."
The interactive virtual administration services allow for video communication between the client and the clerk. This online navigation and interactive virtual client service system facilitates navigation and e-administration for clients; furthermore, they can book appointments to use this service. Its flawless operation, however, requires both parties to have optimal internet speed which is not always available. This means that the system can still come across obstacles.
Thanks to the government client hotline[18], a global receiving-responding service, one can issue authorisations without witnesses and printed forms on the website of KEKKH[19], the Central Office of Administrative and Electronic Public Services, via the toll-free government hotline. Telephone authorisation means that the client must give his or her username and password he or she got from the office of government issued documents, then the case can be administered. But how secure is this? The username and password are for ever, and, as the verification of identity via the telephone is not always that developed, I do no think that this would be the best way to take care of our matters. The digital gap is present in case of this solution as well, because many clients have already had the thought in the previous sentence, though statistics of the Central Office of Administrative and Electronic Public Services show that "six in ten Hungarian citizens would take care of their administration online, three
- 432/433 -
quarters of the respondents would, however, also try telephone administration."[20] With the questionnaires, I wanted to find out whether this is really the case. I asked the following question: Which do you prefer in administering your cases?
- In person
- Via the telephone
- Electronically
The digital gap is wider than I thought because 73% of the respondents still likes to take care of their issues in person and they do not trust the e-world. This high number of responses favouring in-person administration is likely due to the fact that it is more secure and simpler for the client. If he or she has a question, he or she can ask it immediately, and can ask back if he or she does not understand something; he or she can get more details and visuality is also a factor. It is thought that a personal contact is important; it is, however, in my opinion, a matter of the gravity of the case. E-administration, on the other hand, can raise several questions, resulting in uncertainty and relegating this way to the background. Telephone administration has a share of 21% which is explained by the fact that this is a more direct form of communication and the client can ask questions immediately, giving a sense of security to the client.
The above-described actions have led to the current image of public administration, which is probably not the final one, because the Strategy for the Development of Public Administration and Public Services has further steps for the public administration development project until 2020. This development strategy has a complex set of goals[21], from which I present the followings:
- organised, consistent public administration implying a transparent institutional structure
- modern and client-friendly rules of procedure available to everybody
- professional, nationally committed, prepared, ethical, and motivated staff in a modern organisational setting,
- cost-efficiency, least possible administrative burden, competitive prices, and short administrative time limits; the bottom line is to create a service-providing state the people have trust in
Efficient and cheap public administration, simple administrative processes, transparency and understandability, equal opportunities, lesser bureaucratic burden on residents and businesses, practical and cost-efficient exploitation of technical developments are a hot topic all over the word. In Hungary, the comprehensive changes in attitude and system, outlined in the Magyary Programme, resulted in a significant transformation of territorial public administration. In this context, functions of offices of government issued documents and special authority are gradually taken over by government windows. Consequently, I can say that we are on the road towards the uniform application of the law. This statement is supported by the fact that the influence from the Government, implied by the position of government officers, supports the establishment of an uniform organisational system, because Government expectations apply uniformly to all government office. These expectations must be met perfectly, this is guaranteed by the rules of responsibility applying to district office heads, public servants, and government officers. It is a cardinal and undoubted expectation that a client can administer his or her cases according to the same order of procedure in any territorial public administration body of the country, and the result should, under the same facts, be the same. By contrast, if one investigates the model of administration of official matters at the level of government windows, uniformity is obvious, as shown by the furnishings, uniform records, and quasi-identical case types, including the scope of cases that can be dealt with or launched. We could see that, after taking away certain functions from municipal clerks, uncertainty appeared to some degree regarding the opportunity to take care of one's own cases locally. The response was the municipal administrative assistants who help in administering cases belonging to the district offices and in the launching of certain procedures, and also during the procedure, if needed. Thanks to the setting up of government windows and
- 433/434 -
the one-stop shop administration, the uniform application of the law is spreading, as it means prompt, efficient, and simple administration. There are, however, smaller and larger imperfections in this field, such as uncertainties in the technical skills of clerks. Practice shows that issues do not lie in the rules of procedure of the case in question or the lawfulness of the decision, but the way clients are treated. The impatience of clients is, however, also an issue. I still think that these shortcomings will be eliminated by 2020. I found, and think, based on the conclusions drawn from the questionnaires, that the current territorial public administration system tries, as the recent years have shown, to establish an uniform application of the law and a client-focused territorial public administration.
It is, however, also beyond doubt that the clerks who work in territorial administration are subject to changes every day, which makes them uncertain and this makes the achievement of organisational goals even more difficult.
2018 will, however, bring new challenges because one of the greatest changes will come, official bodies such as the bodies of public administration, local governments, courts, courts of arbitration, prosecution offices, civil law notaries, court executive officers, and utility providers will have to ensure e-administration from 1 January. The changes mean complications for both clients and public bodies and set a new challenge to the society, not least informaticians and the operators of their systems. If, however, these changes will affect public administration and e-administration positively or negatively is a secret of the future. Will they increase procedural transparency and accelerate administration, or quite the opposite?
1. Questionnaire for clients
1.1. Are you satisfied with the competence of the government window clerk in administering your cases?
- Fully
- Partly
- Not
1.2. To what extent have the following criteria been implemented in terms of administration, in your opinion?
- All have been implemented
- None of them have been implemented
- Only promptness has been implemented
- Only efficiency has been implemented
- Only simplicity has been implemented
- Only promptness and efficiency have been implemented
- Only promptness and simplicity have been implemented
- Only efficiency and simplicity have been implemented
1.3. Is the 21-day administrative time limit complied with?
- Yes
- Not
1.4. Which do you prefer in administering your cases?
- In person
- On the phone
- Electronically ■
NOTES
* This paper has been made within the framework of the programmes initiated by the Hungarian Ministry of Justice to raise the standard of legal education.
[1] Zoltán Magyary Public Administration Development Programme (MP 12.0).
[2] https://index.hu/gazdasag/2017/10/25/jo_allam_jelentes_2017/
[3] http://www.jarasikormanyablak.hu/kormanyablakok/Downloaded on: 30.12.2017
[4] Attila Barta: Changes in territorial public administration between 2010 and 2014, Új Magyar Közigazgatás [New Hungarian Public Administration], June 2014, p. 3
[5] http://www.kormanyhivatal.hu/hu/szabolcs-szatmar-bereg/hirek/kormanyablak-ugykorok-bovulese
[6] Dr. Imre László Horváth, Dr. Zoltán Kovács, Dr. Tímea Baltay: A kormányablakok kialakításának szakmai pillérei I.: A Tudástár [Technical pillars for setting up government windows I.: The Knowledge Base]
[7] Schedule to Government Decree No. 2039/2013. (XII. 30.); Case types in the Knowledge Base of Government Windows
[8] Dr. Imre László Horváth, Dr. Zoltán Kovács, Dr. Tímea Baltay: A kormányablakok kialakításának szakmai pillérei I.: A Tudástár [Technical pillars for setting up government windows I.: The Knowledge Base]
[9] Paragraph (4) of Section 2 of Government Decree No. 66/2015. (III. 30.)
[10] Article 6 of Directive 2006/123/EC on services in the in-
- 434/435 -
ternal market
[11] Government Decree No. 85/2012. (IV. 21.) on the rules of e-administration, Chapter I, General Provisions
[12] For more details, see: Zoltán Józsa: Önkormányzati szervezet, funkció, modernizáció. [Municipal organisation, function, modernisation.] Dialóg-Campus, Budapest-Pécs, 2006, pp. 143-145.
[13] In customs law "one stop shop" is a synonym for one stop control, including the elimination of parallelisms and the coordination. See: Ádám Demény: A vámeljárásokhoz és árumozgáshoz kapcsolódó magyarországi egyablakos ügyintézés megteremtésének koncepciója. [The Concept of establishing one-stop shop administration in Hungary in customs practice and cargo movements.] Hadtudományi Szemle [Review of Military Science] 2008/3.
[14] Paragraph (2) of Section 50 of Act CL of 2016 on General Public Administration Procedures
[15] Paragraph (2) of Section 50 of Act CL of 2016 on General Public Administration Procedures
[16] István Turkovics, Anita Paulovics: Közigazgatási hatósági eljárás alapelvei [Fundamental principles of administrative proceedings] pp. 10-11.
[17] Norbert Péterfalvi, dr. Balázs Benjámin Budai, PhD. dr. Balázs Rátai dr. Ágota Ligeti, Csaba Erdei, proofreader: dr. Zoltán Rupp: Az elektronikus közigazgatás alapjai, szabályozott elektronikus ügyintézési szolgáltatok, IT biztonság [The basics of electronic public administration, regulated e-administration, IT security] p 9
[18] Section 12/C of Government Decree No. 276/2006. (XII. 23.) on the establishment, functions and powers of the Central Office of Administrative and Electronic Public Services.
[19] The Central Office of Administrative and Electronic Public Services was closed on 31 December 2016, its general legal successor is the Ministry of Home Affairs (Office of the Deputy State Secretary responsible for Keeping Records at the Ministry of Home Affairs). The Central Office of Administrative and Electronic Public Services was a central agency lead by the minister of home affairs within the scope of his or her responsibility for e-administration.
[20] http://www.vg.hu/kozelet/telefonon-is-lehet-meghatalmazast-adni-472729
[21] Strategy for the Development of Public Administration and Public Services 2014-2020, p. 24.
Lábjegyzetek:
[1] The author is doctoral School of the Faculty of Law at the University of Pécs.
Visszaugrás
