The Interpretation of Transparency from the Legal Point of View = Az átláthatóság fogalmának értelmezése jogi szempontból

Hohmann, Balázs (2018) The Interpretation of Transparency from the Legal Point of View = Az átláthatóság fogalmának értelmezése jogi szempontból. In: IV. Fiatalok EUrópában Konferencia : Tanulmánykötet. Sopianae Kulturális Egyesület, Pécs, Magyarország, pp. 155-163. ISBN 978-615-80444-9-3

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Abstract

Today, the notion of transparency is used extensively in the creation and application of legislative and judicial strategic planning documents both here at home and abroad. The living and extremely active concept, which was present in international literature, legislative and enforcement practice for decades, has become an unspoken or expressis verbis requirement in the recent years in Hungary with respect to individual branches of law and for the entire legal system. Its spread has now reached such a level that has become commonly used not only as a rule of law policy but also in the terminology of researchers and experts in individual legal fields in the recent decades. In these circumstances, it is essential that transparency as a concept is clearly and unambiguously interpreted by its users - both in the field of legislation, law enforcement and law research - since only in this case can be ensured that the content elements associated with the concepts and principles of law can ultimately gain enforcement by legal regulation and its application. The research starts from the hypothesis that, even though the concept of transparency is used more frequently by individual authors and becomes a subject of legislation, there is no clearly defined and accepted concept of it that can be a barrier to its implementation and application. The concept, which typically involves constitutional requirements, and came to our country due to Western influence, is often used as a slogan, without the practical implications, often under immature conditions. Accordingly, the main purpose of research and presentation is to clarify and characterize the conceptual elements of transparency based on domestic and international legislative practices and the relevant literature background. In this context, the research is based on the analysis of the relevant literature and the legislative and judicial documents on the subject, attempts to use the theoretical results to delimit the most important elements of the concept of transparency and their practical aspects. The exploration and analysis of conceptual elements alone can reveal many problems that can be considered today's most important challenges in modern legal systems. Defining and characterizing the concept of transparency in the legal field can contribute to a more complete transposition of the requirements resulting from transparency and to standardizing relevant legislative, literary standpoints, which requirements may become important principles of 21st century legal systems.

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