A jogorvoslathoz való jog érvényesülése a közigazgatáson innen és túl

The Fundamental Law of Hungary, among the principles, states that Hungary shall be an independent, democratic rule-of-law State. One of the major elements of the rule of law, according to the coherent jurisprudence of the Constitutional Court, is that the exercise of public power shall be subject to law, and the law enforcement shall be legitimate. Thus the state power that considers itself as a rule-of-law state, shall build and operate the guarantees and the legal institutions, which shall provide the lawful opera of the public administration and bodies exercising public authority. It can be stated that through the law enforcement the public administrative bodies often intervene with the citizens’ (clients’) private life and establish rights and obligations for the clients. Regarding this, a general requirement for the public administrative bodies not to issue any decision that breaches the law, furthermore not to enforce any public administrative measure that violates clients’ rights or lawful interest. These requirements stipulate double obligation for the legislator in the different states: the legal regulation of the public administration procedure in compliance with the rule of law, and the establishment of such correction mechanisms, which provide remedy for the violation of law or damage of interest. This matter is of high importance, also because the Fundamental Law of Hungary declares the right to remedy as a basic right, when it declares in Paragraph (7) of Article XVIII. that ’everyone shall have the right to seek legal remedy against any court, authority or other administrative decision which violates his or her rights or legitimate interests’. Accordingly, this paper reviews the internal and external system of control, then analyses the elements of the system. The legal protection provided by the system of remedy of the public administration procedure and the mechanisms besides the public administration, which aim to restore the violated legality. Accordingly, the appeal as the general accessible remedy is scrutinized first by this paper as per the latest amendment of the relevant act on public administration procedure, then the public administrative judicial system is discussed, and finally few proposals are made regarding the judicial control over the operation of the local self-governments, which is a new guarantee of the legality of the public administration