Scientific and educational activity
 

The representative of the Law Firm, Dr. Péter Váczi attorney is lecturer of the Széchenyi István University, Faculty of Law and Political Sciences, Department of Constitutional Law.

 

CURRICULUM VITAE

 

FIELD OF RESEARCH
 
Constitutional frames of the organization and function of public administration.
Chances, possibilities and achievements of grounding a constitutional public administration.

 

PUBLICATIONS IN ENGLISH
 
Constitutional European administrative procedural law? 6th International Conference of PhD students, University of Miskolc, 2007.
A few words about the existence of European administrative procedural law. COFOLA 2007 Conference. Key points and ideas. Brno, 2007.
The institution of good administration in the Council of Europe. COFOLA 2008 Conference. Key points and ideas. Brno, 2008.

 

THE RIGHT TO GOOD ADMINISTRATIVE PROCEDURE
 
“The aim of the Council of Europe is to achieve a great­er unity between its members for the purpose of safe­guarding and realizing the ideals and principles which are their common heritage and facilitating their economic and social progress.” “Greater unity between its members” – the aim of the Council of Europe may be furthered in a range of different ways. Article 1 of the Statute of the Organization makes specific reference to the Council of Europe's mission in maintaining and promoting human rights and fundamental freedoms as a way of achieving this “greater unity”. Administrative procedure requires common European regulation by all means, as this is that special field of law by which the administrative body directly meets the citizens. Consequently these cases carry danger that fundamental rights of citizens may be impaired – its occurrence in a constitutional state is undeniably not desirable by any means. Considering the present national administrative systems, the administrative official procedural law is being emphasized. Main tendencies in practice are to constrain the executive power of the state within constitutional frame of law and to guarantee gradually expand the fundamental rights of citizens, establishing the “good administration”. Regarding the European administrative law, does European administrative procedural law exist at all? What forms and levels of standardization can be expected? The answer can be given through the documents of the Council of Europe achieved in this field of law.

 

Having subscribed to the European Convention on Human Rights, Council of Europe member states have agreed to respect certain principles which therefore govern the relationship of their authorities with private persons, including in the branch of administrative law. Those principles have been further refined in several conventions and various recommendations and resolutions which were adopted unanimously by the Council of Europe Committee of Ministers and which, thus, reflect the standards applicable in member states in pursuance of their devotion to the Rule of Law. As regards the significance and practical impact of Council of Europe Recommendations and Resolutions, it is important to observe the following: contrary to conventions which states may have ratified, recommendations and resolutions have no legally binding effect on the states and governments. They do have, however, a moral and political effect on them. This effect stems from two facts: first of all, it is difficult, albeit possible, for a government to totally ignore for a long period of time certain standards to which all or most of the other democratic states of the region pledge commitment; moreover, there can be an obvious problem with a government’s good faith in case a government itself is among those who have not only participated in the negotiations of a text, but also voted for its adaptation in the form of a recommendation, if such government later on refuses to conform to its own appeal.

 

Fortunately, it seems so that the European legislator now focuses “not just on specific administrative acts, but also on the administrative procedures themselves. In other words, there has been a shift in emphasis from the outcome of administrative action (result) to the administrative behavior (functioning).” And at the end of this process, “the principle of good administration could be to administrative law what ‘good governance’ and ‘good legislation’ are to international law."

 

It is not otherwise in Hungary either; the Basic Law of Hungary and the Hungarian Act on the General Rules of Administrative Proceedings and Services has successfully implied the main international rules and guarantees regarding good procedural administrative law. Which are the main guarantees in this field of law? How does the Hungarian system fulfill the international requirements? The dissertation of Dr. Peter Váczi PhD chases the answer for this question analyzing both the international safeguards existing in the EU-law and the law of the European Commission and the national legal prescriptions as well in a unitary frame.