The Norm Control Function of Administrative Justice in Hungary

Abstract

In the system of the division of powers, a separated Administrative Court expresses the particular importance of the judicial control over the executive power. On the basis of the rule of law, the administrative court may review not only the administrative decisions, but also all administrative acts which do not fall within the competence of another body, typically the Constitutional Court. In Hungary, the legislator chose the solution that in the administrative court system in cases of norm control, the Curia of Hungary (the highest judicial authority in Hungary) decides and makes quasi-constitutionaljudgments when it is examining the legality of local government decrees: the Curia’s final decision cannot be subject to any appeal and it is binding for all. The paper gives an overview of the last seven years of practice of the Curia of Hungary in norm control cases (examination of the legality of local government decrees) and presents ideas for its further development. We can state that this task is fixed in the Hungarian organisation of courts, but the organizational and procedural order can be adopted in the further development of the administrative courts in Hungary. Finally the paper suggests to reconsider the enlargement of the competence of norm control and/or the widening of its applicants.