Court Mediation Within Administrative Court Proceedings in Hungary

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 ca...

Full description

Bibliographic Details
Main Author: Ádám Rixer
Format: Article
Language:deu
Published: Kozminski University 2024-06-01
Series:Krytyka Prawa
Subjects:
Online Access:https://journals.kozminski.edu.pl/pub/7218
_version_ 1797253726615896064
author Ádám Rixer
author_facet Ádám Rixer
author_sort Ádám Rixer
collection DOAJ
description 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 pre- clude 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 dif- ferent 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.
first_indexed 2024-04-24T21:38:39Z
format Article
id doaj.art-bac6fb98ccc84e95958b609b71368e9f
institution Directory Open Access Journal
issn 2080-1084
2450-7938
language deu
last_indexed 2024-04-24T21:38:39Z
publishDate 2024-06-01
publisher Kozminski University
record_format Article
series Krytyka Prawa
spelling doaj.art-bac6fb98ccc84e95958b609b71368e9f2024-03-21T12:12:38ZdeuKozminski UniversityKrytyka Prawa2080-10842450-79382024-06-01152799710.7206/kp.2080-1084.596Court Mediation Within Administrative Court Proceedings in HungaryÁdám Rixer0https://orcid.org/0000-0002-6945-0312Karoli Gaspar University of the Reformed Church in Hungary 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 pre- clude 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 dif- ferent 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.https://journals.kozminski.edu.pl/pub/7218administrative court procedurecourt mediationmandatory mediationqualitative interviewing
spellingShingle Ádám Rixer
Court Mediation Within Administrative Court Proceedings in Hungary
Krytyka Prawa
administrative court procedure
court mediation
mandatory mediation
qualitative interviewing
title Court Mediation Within Administrative Court Proceedings in Hungary
title_full Court Mediation Within Administrative Court Proceedings in Hungary
title_fullStr Court Mediation Within Administrative Court Proceedings in Hungary
title_full_unstemmed Court Mediation Within Administrative Court Proceedings in Hungary
title_short Court Mediation Within Administrative Court Proceedings in Hungary
title_sort court mediation within administrative court proceedings in hungary
topic administrative court procedure
court mediation
mandatory mediation
qualitative interviewing
url https://journals.kozminski.edu.pl/pub/7218
work_keys_str_mv AT adamrixer courtmediationwithinadministrativecourtproceedingsinhungary