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Guarantees of the Legality of Administration and Administrative Procedure in Hungary

  • Anita Paulovics

    ()

    (University of Miskolc)

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    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.

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    File URL: http://www.eaco.eu/documents/issue/paulovics.pdf
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    Article provided by European Association Comenius - EACO in its journal DANUBE: Law and Economics Review.

    Volume (Year): (2011)
    Issue (Month): 2 (June)
    Pages: 43-53

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    Handle: RePEc:cmn:journl:y:2011:i:2:p:43-53
    Contact details of provider: Web page: http://www.eaco.eu

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