Social innovation and civil service law

Author:Gábor Mélypataki
Position:Assistant professor, University of Miskolc, Faculty of Law, Department of Agricultural and Labour Law
Pages:7-19
SUMMARY

The framework of administrative law is a static area of the legal system, but its content is very dynamic. The administration and the civil service law have been influenced by new technologies and social situations. These new things make innovations not just in the economy, but in the society as well. Social innovation is the rethinking of the relations between the persons, or between the persons ... (see full summary)

 
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LESIJ NO. XXVI, VOL. 1/2019
SOCIAL INNOVATION AND CIVIL SERVICE LAW
Gábor MÉLYPATAKI
Abstract
The framework of administrative law is a static ar ea of the legal system, but its content is very
dynamic. The administration a nd the civil service law have been influenced by new technologies and
social situations. These new things make innovations not just in the economy, but in the society as well.
Social innovation is the rethinking of the relations between the per sons, or between the persons and
the state. We need to rethink the relationships in all ways. The state has new functions and must provide
services for the citizens. The positions of the civil servants are influenced by new forms of the
relationships with the citizens. This r elation is very complex. We need to highlight digitalisa tion and
PSR. Both effects ha ve big significance in the cha nging of the situation of the civil servants, in the
mirror of the roles of the state.
Keywords: civil service law, social innovation, teleworking, PSR.
1. Introduction
Changing is constant. New trends
influence not just the relationships of the
market, but the relationships of the
administration as well. T he trends are
sometimes similar, but the administration
has other ways. Civil service law and labour
law is similar in many points. The scheme is
the same in both areas. The basis of these
laws is dependence. The definition of
dependence is different in labour law and
civil service law. Ci vil service law d oes not
build on the equality of the parties. Civil
service employment was not a formal
agreement between two equal parties, but
rather a decision of the State.1 The decision
of the State is not limitless. The state has to
Assistant professor, University of Miskolc, Faculty of Law, Department of Agricultural and Labour Law, (e-
mail: jogmega@uni-miskolc.hu) The described study was carried out as part of the EFOP-3.6 .1-16-2016-00011
Younger and Renewing University Innovative Knowledge City institutional development of the University of
Miskolc aiming at intelligent specialisation”ăproУОМtăТmplemented in the framework of the Széchenyi 2020 program.
The realization of this project is supported by the European Union, co-ПТnanМОНăbвătСОăEuropОanăSoМТalăFunН”.
1 Civil Service Law & Employment R egimes, World Bank, in: http://siteresources.worldbank.org
/PUBLICSECTORANDGOVERNANCE/Resources/285741-1345485407865/CSLaw&EmploymentRegimes.pdf,
(01.12. 2018).
limit its own actions. In this relation the
State is the employer and the owner as well.
The state is the boss and the legislator in one
person. This situation is very pr oblematic,
because in many times the state does not
want to limit itself. The roles mix in lots of
cases. It cannot be said where the role of the
state ends as a legislator and begins as an
employer. T his duality makes the civil
service law uncertain. So, it is hard to follow
the changes of the system. On the one hand,
this is criticism, and on the other hand it is
an explanation. Civil service law is a very
complex system which roots in the history
and traditions. The history and traditions are
different from country to country. So, it is
very hard to talk about civil service law in
general, but it is not impossible. Globalism

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