Who Rules the Administrative Procedures? Rulemaking in the Public Administration
Who Rules the Administrative Procedures? Rulemaking in the Public Administration

Author(s): Csaba Molnár
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: administrative procedures; public administration; rulemaking, Hungary
Summary/Abstract: The chapter is looking for the answer for the question mentioned in title, namely who is authorized to establish procedural rules in the administrative proceedings in Hungary. In the second half of the 20th century and in the early years of the 21st century a new trend appeared in the legislation; the public administration started to create laws which are used in their administrative cases taking responsibility for their content. This new trend is called rulemaking power of public administrative bodies, regulatory authorities. I am looking for the constitutional and legal policy reasons of the rulemaking comparing it to the legislation of the Hungarian Administrative Procedure Law. The chapter contains a dogmatic presentation on independent regulatory authorities highlighting the Hungarian peculiarities in the public administration, namely administrative structural position and the lawmaking power of these organs, given to them by the provisions of the Hungarian Constitution, the so-called Fundamental Law. At the second part of the chapter the concept and the general regulation of the Code of the General Administrative Procedure is presented focusing on the topic in which form the legislator is entitled to establish different rules from the Code. The representation of interest of citizens and stakeholders is a key aspect in the rulemaking models, so the last part of the chapter focuses on the Hungarian regulation of the public participation in the legislation.

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