Az eljárási kötelezettség aktuális kérdései
Some actualities of the obligation to proceed in Hungarian administrative law
Author(s): Krisztina RozsnyaiSubject(s): Administrative Law
Published by: UNIVERSITAS - Győr Nonprofit Kft.
Keywords: effective judicial protection; failure to act; silence of administration; system of administrative remedies;
Summary/Abstract: The obligation to proceed is an important legal institution closely linked both to the principle of the rule of law, particularly the legality of public administration, and to the right to good administration. It is embedded in a broader system of failures to act, in which a number of legal instruments are intended to provide legal protection against administrative inaction for persons harmed by such omissions. The study first examines the conceptual system established in Hungarian law and its gradual development. It then briefly describes the most important rules of the action against failure to act available since 2018. The system of internal administrative remedies has also changed a lot in recent years, which has also affected the possibilities of parties to protest against the breach of procedural obligations, so the study will also present these developments, placing the recent decision of the Curia case law on the precondition of an action against failure to act into the context of the legislative developments of recent years.
Journal: KözigazgatásTudomány
- Issue Year: 2/2022
- Issue No: 1
- Page Range: 125-139
- Page Count: 15
- Language: Hungarian