Relevant bibliographies by topics / Administrative law – Hungary

Academic literature on the topic 'Administrative law – Hungary'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Administrative law – Hungary"

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Bekesi, Nóra, and Kitti Pollak. "The realisation of the constitutional principles - the right to good administration and the right to legal remedy - in Hungary." Bratislava Law Review 2, no. 1 (June 30, 2018): 46–56. http://dx.doi.org/10.46282/blr.2018.2.1.90.

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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.
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Oros, Paulina. "Rapports: Hungary: The Enforcement of Administrative Decisions in Hungary." European Public Law 8, Issue 3 (September 1, 2002): 315–20. http://dx.doi.org/10.54648/5095455.

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Hajas, Barnabás. "The Rethought Administrative Procedural Law in Hungary." Hungarian Yearbook of International Law and European Law 6, no. 1 (December 2018): 501–21. http://dx.doi.org/10.5553/hyiel/266627012018006001028.

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Varju, Marton, and Erno Várnay. "Whither Administrative Justice in Hungary? European Requirements and the Setting Up of a Separate Administrative Judiciary." European Public Law 25, Issue 3 (August 1, 2019): 283–304. http://dx.doi.org/10.54648/euro2019018.

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Horváth, Edit. "Renascence of the administrative jurisdiction in Hungary." Bratislava Law Review 3, no. 1 (June 30, 2019): 92–102. http://dx.doi.org/10.46282/blr.2019.3.1.131.

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The administrative jurisdiction is one of the guarantees of the civil legal security. However, a state has to „grow up” to this as to every legal guaranties. Administrative jurisdiction, and within it the creation of an independent administrative procedural order has been cause for much excitement in the law-making community basically from the early 1990 s, when control over administrative rulings became genuinely possible again. It was thus unsurprising that the codification of the Act on the procedural code of public administration was followed with interest, and the professional and scientific community gave regular updates on the status of the codification. Therefore, the fact that the president did not sign the Act passed by the National Assembly, but sent it to the Constitutional Court for evaluation instead caused a major stir. Based on the decision 1/2017. (I. 17.) of the Constitutional Court, the National Assembly eventually modified a number of provisions in the Act on the administrative procedural code and passed the Act again, which was then promulgated on March 1, 2017 as Act I/2017 on the administrative procedural code, and became effective, as per initial plans, on January 1, 2018. The article is not an ode to the Hungarian administrative jurisdiction or to the new independent administrative procedural code, but a historical and mainly legal analysis.
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Schotel, Bas. "Administrative Law as a Dual State. Authoritarian Elements of Administrative Law." Hague Journal on the Rule of Law 13, no. 1 (April 2021): 195–222. http://dx.doi.org/10.1007/s40803-021-00156-4.

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AbstractScholars have recently shown how in Europe regimes in democratic decay (e.g. Poland, Hungary) take all sorts of measures targeting and marginalizing political opponents. Although they are authoritarian by nature, the measures are cast in a legal form. According to some scholars this kind of authoritarian rule of law can be best understood as a dual state, namely a combination of the normative state (the rule of law) and the prerogative state (the pure—political or arbitrary—will of those in power). Building on these insights, the present paper makes two new observations. First, administrative law is distinctively well suited to cater for the creation of a dual state. By distinctively I mean better than civil and criminal law. In fact, I argue that administrative law constitutes a dual state in and of itself combining normative and prerogative state elements within a single area of law, in ways that cannot be done under civil and criminal law. Second, not only regimes in democratic decay but also liberal democracies make use of the dual state nature of administrative law. The paper illustrates this point with two techniques whereby liberal democracies use administrative law to circumvent or pervert the normal operation of criminal law, namely crimmigration and the alien detention of citizens. My underlying normative point is to draw attention to the inherent authoritarian potential of administrative law.
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Erdélyi, Mátyás. "The Logic of Simplifying Public Administration in Hungary, 1900–1910." Administory 6, no. 1 (December 1, 2021): 92–110. http://dx.doi.org/10.2478/adhi-2021-0001.

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Abstract The present paper analyzes the implementation of the simplification law in Hungarian public administration between 1900 and 1910. The law was enacted in 1901 in a bid to »simplify, facilitate, and speed up« administrative processes and mitigate encounters between different administrative units. The law created an extended debate on the possible directions of simplification and resulted in a mixed reception, including an oftentimes contested implementation. The paper investigates the logic behind the reform both in terms of the legal and practical formulation of revised regulations and in terms of the actual implementation of the directives on the local level. I argue that “simplification” was a buzzword for the homogenization and rationalization of public administration that was considered inept to accommodate the new and expanding tasks of the state by the turn of the century. ›Simplification,‹ hence, resulted in a more complicated system, an oxymoron quickly flagged by contemporaries. The simplification law is understood in the present paper as a case of innovation, and the paper thus contributes to our understanding of innovation processes in public administration. The paper asks how the simplification law was implemented based on the micropractices of administrators, what were the practical consequences of the law in relation to the purposes of lawmakers, who were the main agents that influenced the process, and how they could press their own agendas in the process. These questions are approached through the lens of the materiality of public administration, in which people, objects, and material processes can explain the outcome of innovation initiatives, as in the case of the implementation of the simplification law.
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Hoffman, István. "Application of Administrative Law in the Time of Reforms in the Light of the Scope of Judicial Review in Hungary." Studia Iuridica Lublinensia 29, no. 3 (June 30, 2020): 101. http://dx.doi.org/10.17951/sil.2020.29.3.101-116.

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<p class="Default">The Hungarian legal system and especially the administrative law is in the state of permanent change. This constantly transforming environment is a challenge for the rule of law. Every significant field of administrative law is impacted by these changes – even the judicial review model of the administrative decisions. The author analyzes the impact of these changes – especially from the last three years – on the application of administrative law. The issues raised in the article are focused on the transformation of the procedural rules, in particular on the impact of the new Act I of 2017 – Code of Administrative Court Procedure and its amendment in 2019. Two major institutions are analyzed further. First, the work analyzes the impact of the reform on the system of legal remedies in the administrative law, i.e. the reduction of the intra-administration remedies, the administrative appeal. Secondly, the extent of the judicial review was examined, in particular debates, codifications and amendments of the cassation and reformatory jurisdiction of the courts. The courts are currently the major interpreter of administrative law, whose change can be interpreted as a paradigm shift of the approach of the application of administrative law.</p>
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Patyi, András. "From Fragments to Drafts." Public Governance, Administration and Finances Law Review 5, no. 1 (2020): 86–99. http://dx.doi.org/10.53116/pgaflr.2020.1.6.

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The paper aims to give a historical overview of the pre-codification of Hungarian administrative procedural rules. Therefore, the main stages and the main actors of an era that started with rules of fragmentary style and law books with ambiguous or a simple descriptive character regarding Hungarian administrative procedures are presented in the paper. The first part is devoted to a detailed examination of the origins of administrative law and administrative science until the end of the nineteenth century in Hungary. The second part of the paper provides an analysis of the Simplification Act, and the period of the first schemes for classification of administrative procedures (1901–1957) in Hungary. From this period, we should underline the appearance of the scientific school led by Zoltán Magyary and the preparations of the Administrative Procedural Code by József Valló.
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Rozsnyai, Krisztina F. "The Procedural Autonomy of Hungarian Administrative Justice as a Precondition of Effective Judicial Protection." Studia Iuridica Lublinensia 30, no. 4 (October 13, 2021): 491. http://dx.doi.org/10.17951/sil.2021.30.4.491-503.

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<p>The article is aimed at showing the hesitant and slow developments whereby the Hungarian administrative justice should be approached to the dualistic model of administrative justice. After 40 years of almost total monism, and 25 years of transition, one decisive step was made with the promulgation of the Code of Administrative Court Procedure. The article investigates why its concept taking form in the declaration of the principle of autonomy of administrative court procedure rules is crucial for providing effective legal protection against administration in Hungary, and what safeguards the Code contains to foster this autonomy, and by this, the strengthening of a functional administrative justice.</p>
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Dissertations / Theses on the topic "Administrative law – Hungary"

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Watkins, Kenneth L. "Hunger, homelessness, poverty, and unemployment effects on crime: A study of twenty-five American cities." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 1987. http://digitalcommons.auctr.edu/dissertations/991.

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This thesis measured the effects of four economic independent variables (hunger, homelessness, poverty, and unemployment) on crime index reported to the police in twenty-five selected American cities. The eight dependent variables that were used in this study are murder, rape, robbery, aggravated assault, burglary, larceny, motor vehi cle theft, and arson. Pearson Correlation and Multiple Regression analyses were used to test four hypotheses. Both of these analyses were found not to be significantly related to the overall crime index rates. However, they were found to be signifi cantly related to individual index crime category rates.
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Schelb, Simone-Ariane. "The Syrian Refugee Crisis and the European Union: A Case Study of Germany and Hungary." FIU Digital Commons, 2017. https://digitalcommons.fiu.edu/etd/3543.

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This thesis explores the impact of the Syrian refugee crisis on the Common European Asylum System. It evaluates the extent to which the European Union was able to implement a common asylum system, identifies discrepancies between different European countries, primarily Germany and Hungary, and briefly examines the roots of these differences. To this end, the structure of the international refugee protection regime and the German and Hungarian asylum systems are analyzed. Furthermore, the thesis explores how the governments of the two countries perceive the rights of refugees and how their views have affected their handling of the crisis. The case studies of Germany and Hungary have revealed that the treatment of Syrian refugees varies enormously within the EU. Hence, the implementation of the Common European Asylum System has not been achieved, which can be attributed to the deficiencies within the system and the growing ideological rifts within the EU.
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Láznička, Alois. "Proměny rakouského a uherského práva v letech první světové války (1914 - 1918)." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-436153.

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Transformation of Austrian and Hungarian law during the First World War (1914 - 1918) Abstract The diploma thesis deals with the analysis of changes in Austrian and Hungarian law during the First World War with a focus on the Cisleithanian part of the monarchy. At the same time, it seeks to answer the question of whether the measures taken were proportionate to the circumstances of the war. Specifically, it examines changes in constitutional, administrative, criminal and civil law. Other branches of law are also mentioned in passing. The method is a comparison of the pre-war state with important legal norms adopted in case of war or in response to war developments. All this is complemented by a contemporary context with an emphasis on the history of the Czech lands. The thesis uses both primary sources, in the form of norms of Austro-Hungarian law, and secondary literature. In general, it can be stated that the changes adopted were pervasive, in all areas examined. However, the intensity and proportionality varied according to the specific legal sector. At the level of constitutional law, there was a de facto change in the form of the state from a constitutional monarchy to a military-administrative dictatorship, and some civil rights were suspended. The change in criminal and administrative law is...
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Books on the topic "Administrative law – Hungary"

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Tibor, Madarász. A magyar államigazgatási jog alapjai. Budapest: Tankönyvkiadó, 1989.

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Hungary. Illetékjogszabályok. Budapest: Közgazdasági és Jogi Könyvkiadó, 1987.

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Hungary. Illetékjogszabályok. Budapest: Közgazdasági és Jogi Könyvkiadó, 1996.

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Paczolay, Péter, and Ilona Pálffy. Az Alkotmánybíróság határozatai, 2009. Budapest: Magyar Közlöny, 2010.

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author, Pető Andrea, ed. A politikai igazságszolgáltatás a II. világháború utáni Budapesten. Budapest: Gondolat Kiadó, 2012.

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István, Szűcs, ed. [Konstitut͡s︡ionnye osnovy dalʹneĭshego razvitii͡a︡ sot͡s︡ialisticheskogo gosudarstvennogo upravlenii͡a︡. [Seged]: Szegedi József Attila Tudományegyetem Állam- és Jogtudományi Kara, 1986.

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Trust, Authority, and the Written Word in the Royal Towns of Medieval Hungary. Brepols Publishers, 2018.

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Herbert, Küpper. 9 Evolution and Gestalt of the Hungarian State. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198726401.003.0009.

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This chapter examines the history of state, administration, and administrative law in Hungary. It argues that the development of the Hungarian state, as well as its administration and administrative law, was not organic. Deep ruptures divides this history into three epochs: the bourgeois phase (1867–1949), the socialist phase (1949–1989), and the phase of deconstructing the socialist system until the beginning of Europeanization (1989 until the end of the 1990s). Each epoch brought about a change of paradigm, and each epoch resulted in fundamental changes. Yet, despite periods of radical change, there were times of uninterrupted tradition as well, as the chapter shows.
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Barry, Donald D., and Barry. Government Tort Liability in the Soviet Union, Bulgaria, Czechoslovakia, Hungary, Poland, Rumania and Yugoslavia (Law in Eastern Europe,). Kluwer Law International, 1987.

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Political Jusitice in Budapest after World War II. Central European University Press, 2014.

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Book chapters on the topic "Administrative law – Hungary"

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Boros, Anita, and András Patyi. "Administrative Appeals and Other Forms of ADR in Hungary." In Alternative Dispute Resolution in European Administrative Law, 279–335. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-34946-1_10.

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Houston, Gail Turley. "Testimony from Hugh Mundy, Charles Lewis, William Newport, Charles Coombs, Samuel Green, Select Committee on Administration of Poor Law in Andover Union, Report, Minutes of Evidence, Part 1." In Hunger and Famine in the Long Nineteenth Century, 111–17. London: Routledge, 2022. http://dx.doi.org/10.4324/9780429198069-36.

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"HUNGARY." In Administrative Law in Central and Eastern Europe, 115–38. Central European University Press, 1998. http://dx.doi.org/10.7829/j.ctv280b6dj.10.

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Varga, András Zs. "Administrative Procedure and Judicial Review in Hungary." In Judicial Review of Administration in Europe, 59–61. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0009.

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This chapter studies administrative procedure and judicial review in Hungary. Section (1) of Article XXVIII of the Basic Law of Hungary (the Constitution of 2011) regulates the right to a fair trial reproducing the text almost word-for-word as found in Article 6 of the European Convention on Human Rights (ECHR). Consequently, anyone effected by an administrative measure has the (constitutional) right to judicial review. Section (7) guarantees the right to legal remedy against decisions of the courts, the public administration, or other authorities that infringe their rights or demonstrable interests. The two regulations are effective even separately, but their combined effect is that the judicial review of administrative action is an incontestable constitutional right. Administrative courts decide on the legality of the administrative action from the point of view of substantive and procedural administrative law, the judicial review is regulated by Act I of 2017 on the Code on Judicial Review of Administrative Actions, while a lawsuit for damages is heard by the ordinary court in a civil law procedure regulated by Act CXXX of 2016 of the Code of Civil Judicial Procedures.
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Berkes, Lilla. "Public Authority Liability in Hungary." In Tort Liability of Public Authorities in European Laws, 55–60. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867555.003.0007.

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In Hungary, government liability in tort was affected by the constitutional change that occurred after 1989. A new provision clearly stating government liability replaced the old one. A public body that acts unlawfully and causes damages to others is thus liable in tort, just like any private individual would be. Moreover, judicial review is no longer conceived as an extraordinary remedy. However, substantively, the basic premise is not that illegality in itself will give rise to damages liability, especially when the administration exercises discretionary powers. Moreover, the claimant must bring an administrative appeal before a judicial remedy is available. These appeals have been partially reshaped by the new Administrative Procedure Act (2018), which is important also for the procedural requirements it sets out with regard to the discharge of administrative functions and powers. Both EU law and the European Convention on Human Rights are increasingly relevant in this respect.
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Hermann, Martina. "‘Cities of barracks’: refugees in the Austrian part of the Habsburg Empire during the First World War." In Europe on the Move. Manchester University Press, 2017. http://dx.doi.org/10.7228/manchester/9781784994419.003.0007.

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This chapter introduces refugee politics in Austria-Hungary, in particular Cisleithania, and then explores the approach of the Habsburg administration towards refugees. Austrian officials established a network of large camps in seven administrative regions of Cisleithania. The daily life of the refugees was characterised by poor housing, inadequate nutrition and low standards of sanitation as well by as other constraints that created conditions that hardly differed from those of enemy aliens or prisoners of war, who were at least guaranteed minimal standards of treatment under international law. The barrack camp in Gmünd in Lower Austria is accorded close scrutiny. It occupied a central position in the network of camps, since it was not only the largest camp on Austrian soil, housing predominantly Ruthenian refugees, but also served as showcase camp for propaganda purposes between its creation in 1914 and closure in 1918.
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Kozerska, Ewa, and Tomasz Scheffler. "State and Criminal Law of the East Central European Dictatorships." In Lectures on East Central European Legal History, 207–39. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ps.loecelh_9.

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The chapter is devoted to discussing constitutional and criminal law as it existed in selected countries of Central and Eastern Europe between 1944 and 1989 (Czechoslovakia, the German Democratic Republic, Romania, Hungary, and Poland). As a result of the great powers’ decisions, these countries came under the direct supervision of the Soviet Union and adopted totalitarian political solutions from it. This meant rejecting the idea of the tripartite division of power and affirming the primacy of the community (propaganda-wise: the state pursuing the interests of the working class) over the individual. As a result, regardless of whether the state was formally unitary or federal, power was shaped hierarchically, with full power belonging to the legislative body and the body appointing other organs of the state. However, the text constantly draws attention to the radical discrepancy between the content of the normative acts and the systemic practice in the states mentioned. In reality, real power was in the hands of the communist party leaders controlling society through an extensive administrative apparatus linked to the communist party structure, an apparatus of violence (police, army, prosecution, courts, prisons, and concentration and labor camps), a media monopoly, and direct management of the centrally controlled economy. From a doctrinal point of view, the abovementioned states were totalitarian regardless of the degree of use of violence during the period in question. Criminal law was an important tool for communist regimes’ implementation of the power monopoly. In the Stalinist period, there was a tendency in criminal law to move away from the classical school’s achievements. This was expressed, among other means, by emphasizing the importance of the concept of social danger and the marginalization of the idea of guilt for the construction of the concept of crime. After 1956, the classical achievements of the criminal law doctrine were gradually restored in individual countries, however – especially in special sections of the criminal codes – much emphasis was placed on penalizing acts that the communist regime a priori considered to be a threat to its existence. Thus, also in the field of criminal law, a difference was evident between the guarantees formally existing in the legislation and the criminal reality of the functioning of the state.
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Cananea, Giacinto della. "Hungary, Poland, and Romania." In Tort Liability of Public Authorities in European Laws, 329–38. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867555.003.0019.

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This chapter compares the respective answers of the Hungarian, Polish, and Romanian systems of administrative liability. It begins by noting that after 1989, all such countries modified their constitutions, which now regulate government liability in tort differently from the past. Not only do they admit government liability, but they also lay down general principles about it, although they variably construct the right to compensation. There are, instead, some relevant differences in their rules concerning administrative procedure. In particular, unlike Hungary and Poland, Romania has no such thing as a procedural code. However, the crucial empirical question is whether the same, or similar solutions are given to the issues raised by the hypothetical cases. Despite the fact that the European Convention on Human Rights influences the three legal systems, not always is the disregard of procedural constraints, such as prior notice and hearing, in itself sufficient to make administrative action unlawful and, thus, to give rise to liability. Sometimes, claimants fail to get redress for wrongful failures to grant licences or exercise a discretion in the issuing of general or individual orders. The reason is not only that administrative authorities enjoy discretionary powers, but also that sometimes the courts seem reluctant to abandon the idea that those who govern cannot be held liable.
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Razim, Jakub, and Lenka Šmídová Malárová. "Town Law Books in East Central Europe." In Lectures on East Central European Legal History, 125–46. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ps.loecelh_6.

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This chapter focuses on the town law books written in the historical territory of Central and Eastern Europe. Town law books, in a broader sense, consist of a wide range of manuscripts. They are a result of cities’ literary production and include a considerable number of codes that served the municipal administration and jurisdiction. Using the example of the Czech lands, Slovakia, Hungary, Austria, and Poland, the authors seek to point out the role this crucial legal source plays, which mirrors the quality of legal culture and life in medieval and early modern cities. Our chapter contains several subchapters dedicated to each of the abovementioned countries. These subchapters begin with an explanation of the origins of towns in a particular region, followed by discussion about the municipal administration, the judiciary, and the nature of local municipal law and municipal documents. At the end of every subchapter, there is also a more detailed explanation of the selected legal source.
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Kőfalvi, Tamás. "Written records at places of authentication in the Árpád era." In Publications of the Institute of Hungarian Research, 229–42. Institute of Hungarian Research; Szent István Király Museum, 2022. http://dx.doi.org/10.53644/mki.kas.2022.229.

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Places of authentication (loca credibilia) were a special institution in the Hungarian legal development, unique at a European level too, which obtained significant prestige and social acceptance through the connection of law and written records. Their existence eclipsed the institution of public notaries which was more widespread in Western Europe. Their activities were complex and wide, and covered civil law, criminal law and public administration law as we perceive them today. The degree of their integration into the Hungarian legal system is shown by the fact that they were indispensable – albeit to varying extents at times – in the functioning of Hungary until practically the 19th century. The study of their charters is crucial for medieval church history, legal history, cultural history, institutional history, the history of estates and families, and a number of other sub-disciplines of historical science. This is justified not only by the content of the charters they issued, but also by their number: around a third of the surviving charters from medieval Hungary were issued by places of authentication. Their importance is only enhanced by their micro-historical value, as they provide glimpses into everyday lives, despite their official nature.
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