Krytyka Prawa. Niezależne Studia nad Prawem

Court Mediation Within Administrative Court Proceedings in Hungary

Rixer, Ádám

Karoli Gaspar University of the Reformed Church in Hungary

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Abstract

Under the provisions of Act I of 2017 on the Code of Administrative Court Procedure, a brand new institution has been introduced in Hungary: as of 1 January 2018, in administrative court proceedings, the judge may, with the agreement of the parties, allow for a court mediation procedure in the cases in which the law does not preclude it. The primary method to approach the topic is the review of the relevant primary legal sources [actual law in the form of the constitution (Fundamental Law of Hungary), acts, governmental decrees, orders of the President of the National Office, court cases, etc.] and secondary legal sources (Hungarian and international scientific literature explaining the primary sources, the legal practice and also the specific circumstances determining the broader social environment) through which we may define relevant scientific problems, create our own definitions and prepare a catalogue of practical problems, specifically for Hungarian issues regarding the topic. Moreover, this article tries to build on the results of the interviews with judges, representatives of different defendants (administrative authorities) and others. Qualitative interviewing, including the interviewing of judges and other participants of such proceedings, is a relatively new method in the field of legal studies, at least in Hungary.

Metadata

Journal Krytyka Prawa. Niezależne Studia nad Prawem 
Volume 15 
Issue 2 
Issue date 6/2023 
Type Article 
Language en
Pagination 79–97
DOI 10.7206/kp.2080-1084.596
ISSN 2080-1084
eISSN 2450-7938