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Guarantees of the Legality of Administration and Administrative Procedure in Hungary

Author

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  • Anita Paulovics

    (University of Miskolc)

Abstract

The legality of administration is a fundamental constitutional requirement in a constitutional government. For this reason, modern laws regulating administrative procedure provide for different guarantees of the legality of administration. The Administrative Procedure Act in force in Hungary (Act No. CXL. of 2004) contains a wide range of rules aimed at guaranteeing the legality of the administrative action in all phases of the administrative procedure. The most important of them is the judicial review of administrative decisions, which is a general rule applicable to any final administrative decision for the first time in Hungarian legal history. There are nevertheless extrajudicial remedies which are more easily available and quicker than the more formal and sometimes quite lengthy judicial procedure. In conclusion, it is safe to say that the system of legal remedies against administrative decisions as governed by the Administrative Procedure Act satisfies the constitutional requirements and is in conformity with the pertinent international standards.

Suggested Citation

  • Anita Paulovics, 2011. "Guarantees of the Legality of Administration and Administrative Procedure in Hungary," DANUBE: Law and Economics Review, European Association Comenius - EACO, issue 2, pages 43-53, June.
    • Handle: RePEc:cmn:journl:y:2011:i:2:p:43-53
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    Cited by:

    1. Eva Kotlánová & Igor Kotlán, 2012. "Vliv institucionálního prostředí na velikost korupce: empirická analýza [The Influence of the Institutional Factors on the Corruption: The Empirical Analysis]," Politická ekonomie, Prague University of Economics and Business, vol. 2012(2), pages 167-186.

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