A hatékony jogvédelem biztosítása a közigazgatási bíráskodásban

Abstract

The essay investigates special procedural aspects of the principle of effective legal protection through administrative justice. It aims at showing that the present rules concerning the aim of civil procedure and the task of the court in the Code on Civil Procedure are an inadequate framework for administrative justice. The essay explores the principles of administrative justice, first, according to the requirements of the system of checks and balances underlying the Hungarian Constitution and the recent developments of administrative litigation in this relation. Secondly, it gives a panorama on the principles evolved in European Administrative Law and aims to give insights into several national regulations and/or doctrines on the special principles of administrative justice throughout Europe. The article argues on both these grounds that administrative justice cannot be restricted to ensuring the protection of the rights and interests of private persons through the logic of civil procedure, as is the actual legal situation in the Code on Civil Procedure. The constitutional role of administrative justice, the inequality of the parties, the legal complexity of administrative cases afford a special role of the court in granting immanent legal protection against the administration. The principle of effective judicial protection concentrates these aspects. Therefore, it would be helpful to have it in mind when deciding on the scope of the Code on Civil Procedure and on the new rules on the procedures of administrative courts. This way legislation would be able to consider the specialties of administrative justice and provide for an adequate new procedural framework.