Ahány tanács, annyi szokás a Kúria azonnali jogvédelemmel kapcsolatos gyakorlatában
Different panels of judges in the Kúria create different practice

Examining the motion for immediate legal protection submitted by the defendant authority in the course of the extraordinary review

Summary/Abstract: By the promulgation of the autonomous Code of Administrative Court Procedure, the legislator created the instrument of immediate legal protection (azonnali jogvédelem) and allowed administrative courts to temporarily settle the problematic situation at the heart of a legal dispute, thus ensuring effective legal protection. At the same time, immediate legal protection can be used not only in the course of a first-instance trial, but also in extraordinary review proceedings before the Supreme Court of Hungary, Kúria. The legislator applied a reference-rule technique when creating the framework of immediate legal protection in the proceedings mentioned above. When interpreting it, the Kúria faced several problems. In this paper, I will primarily examine whether the Kúria can order the suspensory effect of the petition for extraordinary review to the final judgement based on the motion for immediate legal protection submitted by the defendant authority. In this conceptual issue, different panels of the Kúria took different positions. To demonstrate the problem, I will analyse the case-law of the Kúria and I will use dogmatic arguments to support why the Kúria has indeed the power to order the suspensory effect also to the final judgements.

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