Restriction of Fundamental Rights by the Local Representative Body?!

The Raising of Constitutional Problems of Registration for the Municipality

Abstract

In Hungarian constitutional practice and literature, there is a fairly well established concept and definition of the constitutional protection of property. When we consider the restriction of the right to property, the first concept that comes to mind is expropriation, and in this context the Article XIII (2) of the Fundamental Law of Hungary, sometimes Article 14 of the Grundgesetz, or perhaps Article 17 of the Declaration of the Rights of Man and of the Citizen. These conceptual frameworks are interlinked, since ultimately we apply propertyrestrictive measures in the existing legal system, modelled on expropriation. The main purpose of this paper is to identify, in a problematic way, a less known and perhaps less used legal instrument, which has many similarities with expropriation, but which may also lead to an examination of the constitutional embeddedness of the local representative body (the representative body of the local government).