Elő(bb)re hozott jogvédelem és a helyi önkormányzatok törvényességi felügyelete
Advance Legal Protection and Supervision of the Legality of Local Authorities

Summary/Abstract: The study examines the practical application of local government’s power to monitor the legality of local government and its effects, with particular reference to the legal institution of the prohibition of change. The analysis discusses in detail the legal framework for the supervision of legality, the instruments used and the different aspects of legal protection in local government practice. Particular attention is paid to the assessment of the impact of the prohibition of change on fundamental rights, in particular the right to property, including the relevant practice of Constitutional Court and Curia decisions. The main objective of the study is to present the current challenges in the application of the judicial review procedures and the prohibition of change and to make suggestions for further improvements of the legislative framework. The results show that the relationship between the power exercised by local governments and the supervision of legality is crucial for the transparency of local decision-making processes and the rule of law. In addition, the study assesses the proportionality of possible fundamental rights constraints imposed by the prohibition of change, in order to preserve the balance between local autonomy and the public interest. The problems identified in the research and the recommendations made in response to them will contribute to increasing the effectiveness of the mechanisms of legal protection and will help to strengthen the democratic functioning of local government systems in Hungary.

• Details
• Contents