Act CXL of 2004
on the General Rules of Administrative Proceedings and Services
With a view to improving the public profile of the proceedings of administrative authorities where the majority of citizens and organization are concerned, such as:
- to place more emphasis on the service aspects of executive branches by way of substantially simplifying the procedures required from clients, and by opening new ways for faster and simpler handling of the majority of cases by putting to use modern means of electronics and information technology,
- to satisfy the requirement of harmony with other Member States of the European Union, to pave the way for expanding the possibilities of international cooperation in official proceedings, and for direct collaboration with foreign authorities,
- to provide a transparent legal background for the relationship between the clients and other parties to the proceeding with the authorities,
- to uphold the rights of clients in a manner and to the extent commonly acceptable in any democracy, whereas to leave the way open for the discharge of obligations on a voluntary basis,
- to afford priority to general provisions so as to provide a framework of guarantees for special rules of procedure,
Parliament has adopted the following Act:
Chapter I
Principles and Basic Provisions
Principles of Procedure
Section 1.
(1) In their proceedings administrative authorities must abide by the provisions of legal regulations, and must enforce them upon others. They shall exercise their powers with a view to achieving the objectives prescribed by statutory provisions, and shall exercise the principle of weighing and deliberation in consideration of the criteria specified in legislation and to the extent applicable to the matter on hand.
(2) Administrative authorities may not misuse their powers, and shall adhere to a professional approach and the principles of efficiency and cooperation with clients in their proceedings.
(3) Administrative authorities may limit the rights and the lawful interests of clients to the extent required for the protection of public interest and the rights and the lawful interests of the adverse party.
(4) Administrative authorities shall protect the rights of clients they have obtained in good faith, the limitations of which are regulated by law.
Section 2.
(1) In proceedings of the authorities all clients shall have equal rights in the court of law and shall be treated without undue discrimination, bias or prejudice.
(2) Administrative proceedings must be conducted without any discrimination or restrictive treatment aimed at or resulting in any violation of the principle of equality in the court of law, or any diminishment in the legal rights of clients and other parties to the proceeding granted under this Act. In all proceedings the principle of equal treatment must be strictly observed.
(3) Administrative authorities shall contemplate in their proceedings the facts relevant to the case on hand, shall apply all evidence consistent with its weight, and shall base its decisions on the pragmatic facts of the case.
Section 3.
(1) In administrative proceedings the principle of opening proceedings ex officio shall prevail within the framework of this Act.
(2) The administrative authorities:
a) may open proceedings ex officio, apart from those which may be opened only upon request, and may continue proceedings that were opened upon request under the conditions laid down by the relevant legislation, and may - in these cases - order enforcement ex officio as well;
b) shall ex officio ascertain the relevant facts of the case and specify the type and extent of evidence admissible, independent from the clients' requests concerning evidence, however, in the process of ascertaining the relevant facts of the case all circumstance that may be of import shall be taken into consideration;
c) may review - within the framework of this Act - their own rulings and resolutions (hereinafter referred to as “decision”) and those adopted by other authorities under their supervisory competence;
d) may take measures ex officio to have their decisions corrected, supplemented, revised or withdrawn.
Section 4.
(1) Clients are entitled to receive fair treatment and have the right for a decision to be adopted in their official affairs within the time limits prescribed by law, as well as the right for use of their native language during the course of proceedings.
(2) Administrative authorities shall be subject to civil liability for damages caused to the client by any unlawful proceedings.
(3)
Section 5.
(1) Administrative authorities shall ascertain that the client and other parties to the proceeding are properly informed of their rights and obligations, and shall promote the exercise of clients' rights.
(2) Administrative authorities shall inform the clients without legal representation concerning the relevant legal provisions pertaining to the case, the rights to which they are entitled and the obligations to which they are committed, and on the consequences for any breach of obligation, and on the availability of legal aid if the client is a natural person.
(3) Where it is required due to the complexity of a case the clients with legal representation may be compelled under the relevant legislation to meet disclosure obligations.
(4) Administrative authorities shall provide for the right of access to documents, subject to restrictions specified by law, to clients and their representatives and other parties concerned, and shall hold public hearings in the cases specified by law, and shall convey their decision to the clients concerned. Moreover, the authority shall provide for the confidentiality of statutory secrets and for the protection of personal data.
Section 6.
(1) In administrative proceedings the clients are required to act in good faith.
(2) Clients may not engage in conduct aimed to mislead the authorities, nor to delay the decision-making process or the enforcement procedure. The good faith of clients in the proceedings shall be presumed, and the burden of proof for bad faith lies with the authorities.
(3) The authorities may impose an administrative penalty upon any client acting in bad faith and may charge any resulting extra expenses upon such client, of which the client has to be advised in advance.
Section 7.
Administrative authorities, with a view to efficient and cost-effective functioning, shall organize their activities to entail the lowest costs upon the clients and the authority, and to close out the proceedings as fast as possible.
Section 8.
(1) Unless otherwise prescribed by law, clients and other parties to the proceeding shall not be required to establish contact with the authority by way of electronic means.
(2) Unless otherwise prescribed by law, in proceedings opened upon their request, clients and other parties to the proceeding shall have the right to change the means of communication they have originally selected on one occasion without any explanation, and with reasonable justification thereafter.
(3) Where administrative authorities are required to conduct inter-departmental communications by way of electronic means or electronic mail, no other means of communication may be engaged.
Languages
Section 9.
(1) In the Republic of Hungary the official language in administrative proceedings shall be Hungarian. This, however, shall not mean that other languages cannot be used in the proceedings of consular officers and the minister in charge of foreign policies, or in proceedings of international legal assistance.
(2) Bodies of minority self-government bodies of communities, and regional and national self-government bodies of minorities may define in a resolution the language that is to be used in the proceedings within their jurisdiction, in addition to Hungarian.
(3) Persons acting on behalf of minority organizations and the natural persons falling within the scope of the Act on the Rights of National and Ethnic Minorities may use the language of their respective minority in proceedings with the administrative authorities. Any decision adopted in the Hungarian language in connection with an application submitted in a minority language shall be translated into the language of the application at the client’s request.
(4) At those administrative authorities where - according to Subsection (2) - there is another official language being used in administrative proceedings in addition to Hungarian, the clients and other parties to the proceeding using the Hungarian language shall have the same rights afforded to minorities under Subsection (3).
Section 10.
(1) Where an administrative authority opens ex officio proceedings which require immediate action involving a person who is not a Hungarian citizen and who does not speak the Hungarian language - including any natural person acting on behalf of a legal person or an association lacking the legal status of a legal person - during their stay in Hungary, or if a natural person requests urgent legal protection from a Hungarian administrative authority, the competent authority shall take measures to ensure that the client is not prejudiced on account of his lack of command of the Hungarian language. The provisions of this Subsection may be prescribed as mandatory by law for matters not regulated in this Subsection.
(2) With the exception of the client specified in Subsection (3) of Section 9, any client who cannot speak the Hungarian language may request the administrative authorities to use his native language or another intermediary language, in which his request is worded, in cases not mentioned in Subsection (1), provided that the applicant agrees to cover the costs of translation and interpretation.
(3)
Section 11.
(1) If there is any deviation between the Hungarian version and the foreign translation of any decision adopted by the administrative authorities, the Hungarian version shall be the authentic one.
(2) In the cases specified in Subsections (3) and (4) of Section 9 and in Subsection (1) of Section 10, the costs of translation and interpretation, as well as the costs of a sign language interpreter shall be covered by the competent administrative authority.
(3) Different provisions may be installed by law concerning languages used for official certificates, official instruments and for making entries into official records and registers.
Scope
Section 12.
(1) In the proceedings of administrative authorities the provisions of this Act shall be applied in the administrative matters falling within the scope of this Act.
(2) 'Official matters of an administrative nature' (hereinafter referred to as "administrative action") shall mean:
a) all actions where the administrative authority defines any right or obligation concerning a client, verifies any data, fact or entitlement, maintains official records and registers or conducts a regulatory inspection;
b) procedures for admission into and removal from the register for engaging in activities, where engaging in a specific profession is rendered subject to membership in a public body or other organization of the like, not including disciplinary and ethics proceedings.
(3) For the purposes of this Act, ‘administrative authority’ (hereinafter referred to as “authority”) shall mean the following bodies vested with jurisdiction to carry out administrative actions:
a) government bodies;
b) the councils of representatives of local governments of communities, including the general assembly of county representatives, and their bodies and associations by delegation under Subsection (2) of Section 19;
c) mayors of communities and metropolitan areas, chairmen of the county general assemblies, heads of the regional branches of cities of county rank (hereinafter referred to collectively as “mayor”);
d) chief notaries, notaries, district-notaries, officers of the councils of representatives, official administrative associations;
e) other organizations, public bodies or persons vested with administrative competence by an act or government decree.
(4) Where an organization, public body or person not originally established for administrative services is vested subsequently with administrative competence by the relevant government decree, the types of cases to which this Act applies shall be specified.
Section 13.
(1) This Act shall not apply to:
a) misdemeanor proceedings, elections, to the preparation and conduct of a national referendum, to territorial issues and to citizenship proceedings, with the exception of the issue of citizenship certificates;
b) applications for support in proceedings for the allocation - by local governments of communities or their bodies - of support made available to persons who meet the conditions defined by the relevant legislation in addition to the support framework amount.
(2) This Act applies to:
a) industrial property rights and copyrights;
b) proceedings related to compulsory payments to the central budget as prescribed by law, or to be shared with the budget of the Communities, and to subsidies paid from the central budget or from extra-budgetary funds under the conditions set forth in legal regulations;
c) proceedings related to the admission and residence of persons entitled to the right of free movement and admission, and third-country nationals, and also to asylum procedures;
d) the requirements for the marketing and supply of goods and services and relating to the monitoring of commercial practices with respect to the marketing and supply of goods and services, and to market surveillance and market control procedures, including the proceedings related to the prescription of medicinal products and medical aid subsidized by the social security system;
e) proceedings related to the supervision of money and the capital market, and the activities of insurance companies, voluntary mutual insurance funds and private pension funds, competition oversight proceedings and notification proceedings;
f) proceedings for remedy in connection with public contracts,
only if the act pertaining to the type of case in question does not provide otherwise.
(3) The legislation pertaining to administrative proceedings other than those mentioned in Subsections (1) and (2) may derogate from this Act only if expressly permitted in this Act.
(4) Where a directly applicable Community legislation that is binding in its entirety lays down any procedural rule, the provisions of this Act shall not be applied in the matters to which such legislation pertains. For the purpose of implementing a directly applicable Community legislation that is binding in its entirety and any other directly applicable Community legislation, derogations from this Act are permitted - to the extent and in the manner deemed necessary - if laid down in an act, government decree or decree of the Governor of Magyar Nemzeti Bank.
(5) An act promulgating an international treaty may prescribe provisions in derogation from this Act.
(6) Supplemental provisions regarding issues not regulated in this Act, if in harmony with the provisions of this Act, may be prescribed by law.
Section 14.
(1) Statutory provisions may be laid down elsewhere in derogation from this Act:
a) in connection with the use of atomic energy concerning:
aa) conflict of jurisdiction,
ab) matters requiring prompt attention,
ac) authorization procedures,
ad) regulatory inspections,
ae) languages,
af) procedural succession,
ag) communication of decisions;
b) in connection with proceedings relating to hazardous facilities concerning:
ba) access to the documents of the case,
bb) supplying missing information,
bc) site inspections and control procedures;
c) in connection with the proceedings relating to benefits provided by the social insurance system concerning:
ca) jurisdiction, powers and competencies,
cb) decisions of the authority,
cc) legal remedy,
cd) enforcement.
(2) An act or government decree may prescribe provisions in derogation from this Act or impose prohibitions with respect to authorization procedures relating to the international trade of military equipment and services and dual-use items and technologies concerning:
a) the suspension of proceedings,
b) composition,
c) electronic communication,
d) access to the documents of the case,
e) presentation evidence,
f) decisions of the authority,
g) legal remedy and the relevant forums,
h) the protection of rights acquired in good faith.
(3) The act on the acceleration and simplification of the implementation of investment projects of special import for national economy considerations, or a government decree adopted by authorization of this Act, may prescribe regulations in derogation from this Act and the act pertaining to the type of case in question for:
a) supplying missing information,
b) service of process,
c) information of clients,
d) powers and competencies,
e) participation of specific authorities.
Client
Section 15.
(1) ‘Client’ shall mean any natural or legal person and any association lacking the legal status of a legal person whose rights or lawful interests are affected by a case, who is subjected to regulatory inspection, or who is the subject of any data contained in official records and registers.
(2)
(3) An act or government decree may define the persons who can be treated as clients - in connection with certain specific types of cases - without prejudice to Subsection (1). Without prejudice to what is contained in Subsection (1), all owners of real estate properties located in the impact area specified in the relevant legislation, as well as any person whose right related to such properties has been registered in the real estate register shall also be treated as clients.
(4) The rights of clients are also conferred upon the bodies of vested competence, other than those participating in the case in the capacity of an authority or special authority.
(5) In specific cases interest representation organizations may be vested with the rights of clients, as well as non-governmental organizations whose registered activities are oriented for the protection of some basic rights or the enforcement of some public interest.
(6) The exercise of clients’ rights may be rendered conditional by law upon the client’s participating in proceedings of the first instance.
(7) A natural person shall be considered to have legal capacity in terms of administrative proceedings if considered legally competent under civil law. In the cases defined by law persons of limited capacity shall also be considered to have legal capacity in terms of administrative proceedings. The competent authority shall ex officio investigate the status of legal capacity and - if found lacking - shall summon the client’s legal representative, or shall request the appointment of a curator ad litem.
(8) A ruling on the refusal to grant client status to a client other than the one having submitted a request for the opening of proceedings may be appealed.
Succession
Section 16.
(1) Unless otherwise provided by law, or if not excluded on account of the personal nature of the administrative action or the content of the commitment,
a) in proceedings opened or conducted ex officio, the departing client shall be replaced by the client’s successor in title under civil law, or
b) in proceedings opened upon request, the departing client shall be replaced by the client’s successor in title under civil law, other than the client who has lodged the request for the opening of the proceedings.
(2) In proceedings opened upon request, the successor of the requesting client may apply for having the fact of succession declared within ten working days upon becoming aware of the proceedings, but maximum within six months from the time of succession.
(3) The client whose right had been declared by final resolution may be replaced - in accordance with the relevant legislation - by his successor. Where an obligation is established by final resolution, the successor shall be given the opportunity to discharge the obligation voluntarily, in justified cases by providing a one-time extension of the respective time limit if necessary.
(4) Any decision the authority has made prior to succession shall apply to the successor as well, with the exception of:
a) a ruling imposing any sanction upon the predecessor, if a natural person, for obstructing the proceedings or for his failure to appear;
b) a ruling granting payment facilities for the predecessor, including a ruling for the remission or reduction of any default penalty; and
c) a ruling granting cost exemption for the predecessor, if a natural person.
(5) In the absence of a successor the competent authority shall be liable to take the measures necessary to eliminate an unlawful situation or a situation that is harmful to or endangers public interests.
(6) Rulings adopted on the subject of succession may be appealed independently.
Data Processing
Section 17.
(1) During the period of the authority’s proceedings, the authority shall ensure that statutory secrets and the secrets obtained in the course of professional activities (hereinafter referred to as “privileged information”) are not disclosed to the public - in particular in the course of authorization of access to documents, in the course of hearings, in the process of drafting the decision and communicating it by means of a posted notice -, and cannot be obtained by unauthorized persons, and that all personal data is sufficiently safeguarded.
(2) In connection with its proceedings the authority shall have powers - for the purpose of identification of natural person clients and other parties to the proceeding - to process their:
a) name;
b) birth name;
c) date of birth;
d) place of birth;
e) mother’s name;
f) home address; and
g) personal data specified by specific other legislation and by local government resolutions by authorization of an act, limited to the type of data defined therein.
(3) The authority shall be authorized to obtain and process personal data in cases defined by law, to the extent deemed absolutely necessary to discharge its duties.
(4) The authority shall be authorized to have access to privileged information - subject to the provisions of specific other legislation in terms of procedures and scope - as it may be required in the course of its proceedings.
(5) The authority shall be authorized to transmit any personal data and privileged information it has obtained in the course of its proceedings to another body only if so permitted by law or if the data subject granted consent, with the exception if required for proceedings conducted for the same case as specified by this Act.
(6) Compliance with the regulations relating to data protection may not result in any restriction of rights to remedy.
Chapter II
Jurisdiction, Powers and Authorizations
Jurisdiction
Section 18.
(1) Unless otherwise prescribed by law, in administrative proceedings where a Hungarian citizen is concerned, or a legal person or business association lacking the legal status of a legal person established in Hungary, the Hungarian authorities shall have competence in territory of the Republic of Hungary.
(2) If the client is not of Hungarian citizenship, or is a nonresident legal person or business association lacking the legal status of a legal person, in their administrative actions in the territory of the Republic of Hungary the Hungarian authorities shall have competence, unless otherwise provided by law, provided that a directly applicable Community legislation that is binding in its entirety or a Hungarian legislation applies to the case on hand.
(3) If so authorized by an act or government decree, in the administrative actions of a client abroad the minister in charge of foreign policies or the competent consular officer shall have competence.
Definition of Powers, Procedural Obligation
Section 19.
(1) The powers of authorities shall be defined by law specifically for the various types of proceedings of the authorities. Powers may not be conferred upon any department of any authority. The authority acting in the first instance shall be specified by law, as well as the authority of appellate jurisdiction if other than the authorities listed in Sections 106 and 107.
(2) In administrative actions of local authorities the council of representatives - or the mayor where so prescribed by an act - shall have competence in the first instance. The council of representatives may delegate this competence by way of a local government decree upon the mayor, the bodies of local government subdivisions, committees of the council of representatives, or upon their associations established in accordance with the relevant legislation.
(3) The authority may not delegate its powers or the right to exercise its powers to another authority, with the exception where such delegation is permitted by law under special circumstances to another authority specified therein. Cases where the powers for the issuance of official copies is delegated lawfully shall not be construed as the delegation of powers.
(4) Cases over which the authority has jurisdiction may not be transferred. Transfer of jurisdiction shall not include cases where another authority of competence is designated by this Act to handle the case in question, nor shall it cover the division of competencies by an act or government decree among several authorities.
(5) Where a court has established its competence in a case, or the lack of it, or has adopted a decision on the merits of a case, this decision shall be binding upon the acting authority.
Section 20.
(1) The authority shall proceed within its area of jurisdiction in the cases for which it has competence, and also on the basis of designation.
(2) In the event of an authority’s failure to comply with the obligation described above within the relevant administrative time limit, the supervisory organ shall take prompt action to investigate the reason within five working days from the time of receipt of the request therefor or upon gaining knowledge of the fact, and shall order the authority affected to conclude the proceedings within the time limit prescribed consistent with the type of case in question and in consideration of the degree of preparation in the decision-making process. The authority may not be ordered to conclude the proceedings where Subsection (2) of Section 71 applies.
(3) If the required result was not achieved inside the new time limit set by the supervisory organ, the supervisory organ shall forthwith transfer the case to another authority of similar competence - with the exceptions set out in Subsections (4) and (5) - and shall bring disciplinary charges against the head of the defaulting authority. Based on this motion the disciplinary proceedings must be conducted. The transferee authority shall adopt a decision within the relevant administrative time limit.
(4) Where an authority repeatedly falls in default it may not be deprived of jurisdiction and its jurisdiction may not be transferred to another authority if it pertains to the issue of official certificates or official instruments, official records and registers, if such jurisdiction is exclusive on the strength of law, or if it pertains to a request for national legal assistance. The authority in question must comply with its original obligations within ten working days from the time of receipt of notice.
(5) If the council of representatives, the mayor, the committee, body of local government subdivisions, the association (hereinafter referred to collectively as “local authority”) failed to comply with its procedural obligation in some administrative actions of local authorities, the public administration body of the Government of regional jurisdiction shall - at the client’s request or ex officio - instruct the officer or body in default to conduct the procedure forthwith, during the upcoming session, not later than within twenty-two working days.
(6) According to Subsection (5), if the notice sent to the local authority did not produce the result desired, the client or the public administration body of the Government of regional jurisdiction, or if in the case in question there is no supervisory organ, or the supervisory organ fails to execute its vested authority, the court of jurisdiction for administrative actions shall, at the client’s request, order the authority to conclude the procedure.
(7) The provisions contained in Subsections (1)-(4) shall apply to the proceedings of special authorities and to appellate proceedings as well. These provisions shall apply also if the competent authority - for the resolution annulled or abolished - fails to comply with its obligation to launch new proceedings within the administrative time limit.
(8) The supervisory organ shall notify the client concerning the measures referred to in Subsection (2), and on having the case transferred to another authority in accordance with Subsection (3), shall monitor compliance by the original authority in executing its vested authority, or by the new authority within the prescribed time limit. The public administration body of the Government of regional jurisdiction shall notify the client of having issued the instruction referred to in Subsection (5), and shall inform the client at the same time of the option to seek remedy at the court of jurisdiction for administrative actions in the case of non-compliance with the said instruction.
Competence
Section 21.
(1) Unless otherwise provided in the relevant legislation, from the authorities vested with analogous jurisdiction, the authority by reference:
a) to the place where the client’s permanent or temporary residence or, in the absence of such, accommodations (hereinafter referred to collectively as “home address”), or registered office, place of business, branch (hereinafter referred to collectively as “registered office”) is located;
b) to the place where the property to which the proceedings pertain is located;
c) to the designated place where the activities subject to authorization or notification is carried out; or
d) to the place where the unlawful act was committed;
shall have competence.
(2) Where the exercise of certain powers is conferred upon several different authorities by an act or government decree, the argument as to competence must be one and the same.
(3)
(4) If the client’s home address is unknown, the area of competence specified in Paragraph a) of Subsection (1) shall be determined based on the client’s last known address in Hungary. In the absence of this, unless otherwise prescribed in the relevant legislation, the chief notary of Budapest shall have competence in cases otherwise falling within the jurisdiction of any Budapest authority or notary.
(5) Where several authorities of similar jurisdiction are considered to have competence in a case, it shall be handled by the one where the proceedings were first opened (precedence), unless the has requested otherwise.
(6) Where an authority finds that another authority has already taken measures in the case by way of precedence, or the case is pending in front of another authority, it shall terminate its proceedings, or shall withdraw its decision if necessary, and shall notify the authority handling the case previously or currently, and the client accordingly. The ruling adopted for the termination of the proceedings or for the withdrawal of the decision may not be appealed.
Definition of Jurisdiction, Powers and Competencies
Section 22.
(1) The authority shall examine ex officio the issue of jurisdiction - and in this context the law applicable -, and its powers and competencies with respect to all phases of its proceedings.
(2) If lacking powers and competencies the authority shall transfer the petition and other documents of the case without delay, not to exceed five working days from the date of receipt of the petition, or the date when the lack of powers and competencies is declared in a case pending, to the authority vested with powers and competencies, and shall notify the client accordingly.
(3) The authority - irrespective of its jurisdiction and powers and competencies - shall ex officio take provisional measures, without which any delay is likely to result in insurmountable damage or danger.
(4) The authority shall deliver its ruling concerning the above-specified provisional measures to the client, and also to the authority with jurisdiction and powers, that will conduct an inquiry as to the necessity of the provisional measures, and shall take the actions for which it has competence.
(5) When conducting an inquiry with respect to provisional measures the protection of rights acquired and exercised in good faith shall not apply.
Disputes in Powers and Competencies
Section 23.
(1) If in connection with a single case:
a) several authorities proclaimed to have powers and competence;
b) several authorities proclaimed not to have powers and competence, and consequently the proceedings cannot be opened or are not pending;
c) proceedings were opened in front of several competent authorities, and there is no clear solution as to which authority is entitled to conduct the proceedings by way of precedence,
the authorities affected are required to open discussions upon request or ex officio among one another in an attempt to resolve the dispute.
(2) Negotiations shall be initiated by the authority where the proceedings had been opened subsequently, that proclaimed not to have powers and competence subsequently, or by the one that the client affected requested to conduct discussions.
(3) If the procedure referred to in Subsection (1) is unsuccessful, the acting authority shall be designated by the following body:
a) in connection with any conflict of jurisdiction, the common supervisory organ, or in the absence of such, public administration body of the Government of regional jurisdiction by reference to the area of competence of the authority requesting settlement of the dispute;
b) in connection with any conflict of powers and competencies, the Budapest High Court of Appeal.
(4) At the request of the authority that moved to open discussions, in the case referred to in Paragraph a) of Subsection (3) the competent authority shall be designated within ten working days.
(5) If the discussions are deemed successful, in the cases specified in Paragraphs a) and c) of Subsection (1) the authority that will cease to proceed shall terminate its proceedings, withdraw its decisions adopted in the course of the proceedings, and shall transfer the documents and evidence of the case to the competent authority. The ruling adopted for the termination of the proceedings may not be appealed.
(6) The ruling adopted in a dispute as to jurisdiction may not be appealed.
Section 24.
(1) The Budapest High Court of Appeal shall adopt a decision to resolve a jurisdictional dispute at the request of the client or the authority in non-judicial proceedings under priority.
(2) The decisions of the Budapest High Court of Appeal cannot be appealed.
Proceedings Outside the Area of Jurisdiction
Section 25.
(1) An authority shall be authorized to take any procedural step outside its area of jurisdiction if expressly permitted by an act or government decree.
(2) An authority whose competence is limited to a district of Budapest may take procedural steps in the entire area of Budapest, and the heads of the regional branches of cities of county rank may take procedural steps in the entire area of the county.
National Legal Assistance
Section 26.
(1) Legal assistance may be requested:
a) if any procedural step is necessary outside the area of jurisdiction of the requesting authority;
b) if it is justified by the client’s lawful interests or for reasons of cost-efficiency;
c) where any data or document is required for the requesting authority to discharge its duties, that is in the possession of another authority, other government or local body, or - in connection with certain specific types of cases as specified in an act - another agency or person.
(2) The request referred to in Paragraphs a) and b) of Subsection (1) shall be made, depending on the nature of the case, to a body vested with similar powers and competencies as the requesting authority, or failing this to the notary of the competent local government.
(3) In proceedings opened upon request, the client’s consent for the processing of his personal data for the purpose of providing legal assistance shall be presumed, including the personal data transmitted to the extent required. In connection with proceedings opened and conducted ex officio, the authority shall be entitled to transmit personal data, from among the data that may be processed on the strength of law, to the requested body to the extent required for the purposes of legal assistance.
(4) The requested body or person may refuse to comply with the request only if it constitutes any violation of the law. If another authority is vested with powers to provide the legal assistance requested, the requested body or person shall forward the request to this body without delay, not to exceed three working days from the date of receipt of the request, and shall inform the requesting authority accordingly.
(5) The request shall be satisfied within ten working days in the cases specified under Paragraphs a) and b) of Subsection (1), or within five working days in the case specified under Paragraph c) of Subsection (1); the head of the requested body may extend this time limit - before it expires - in justified cases on one occasion, by maximum ten working days. If the data is requested from an electronic database, it shall be made available within three working days.
(6) The requested body shall communicate its ruling on the extension of the administrative time limit to the requesting authority. The requesting authority shall inform the client concerning the ruling for the extension of the time limit for legal assistance.
International Legal Assistance
Section 27.
(1) Where the Republic of Hungary has an agreement for mutual administrative assistance with any State, or if there is reciprocity existing between the States, or it is permitted under multi-lateral international agreement, the authority may contact a foreign authority to request legal assistance according to Subsection (1) of Section 26, and shall fulfill any request for legal assistance received from abroad.
(2) In the assessment of reciprocity the position of the minister in charge of foreign policies shall be authoritative, and it will be formulated in agreement with the minister having competence in connection with the case on hand.
(3) Unless otherwise provided for in an act or government decree, the Hungarian and foreign (international) authorities involved in a request for international legal assistance shall be in direct contact. If the Hungarian authority is unaware of the authority of the foreign state that is competent for satisfying its request for legal assistance in accordance with Subsection (1), the request shall be sent via the competent supervisory organ to the minister in charge of foreign policies. The minister in charge of foreign policies shall forward the request for legal assistance in accordance with Subsection (1) through the ministry of the foreign state responsible for handling foreign affairs to the competent authority.
(4) The requested authority, if lacking competence to provide the legal assistance requested, shall forward the request to the competent authority, and shall notify the requesting authority accordingly.
(5)-(6)
Section 28.
(1) The authority shall refuse to fulfill the request of a foreign authority if it is likely:
a) to jeopardize the national security of the Republic of Hungary or public safety;
b) to jeopardize any fundamental right of any person affected; or
c) to infringe upon any law.
(2) When a foreign request is refused the requesting authority shall be informed, with the reasons communicated.
(3)
Chapter II/A
General Rules on Communications
Section 28/A.
(1) The authority shall liaise with clients:
a) in writing;
aa) via the postal service,
ab) by fax,
ac) through documents delivered in person,
ad) via an agent for service of process,
ae) through the authority’s process server,
af) through the administrator for service of process,
ag) by way of a posted notice, or
ah) by way of electronic means in accordance with this Act; or
b) orally;
subject to the conditions set out in this Act.
(2) The provisions laid down in Subsection (1) shall apply to communications between clients and the authorities, and among the authorities themselves.
(3) Where several different type of communication is available, the authority shall make a selection under the principles of cost-effectiveness and efficiency. At the time of establishing contact, the authority shall inform the client concerning the available modalities of communication together with its contact information, and also on the possibility of access to electronic information services provided by the authority.
(4) Short text message, electronic mail and the telephone are other permissible means for requesting and providing information, or for communicating in other cases defined in the relevant legislation. The authority may make arrangements with the client in advance by telephone and electronic mail regarding the time for the execution of certain procedural steps.
(5) Where intercommunication between the authorities does not involve any movement of documents, the authorities concerned shall communicate by electronic mail or by telephone.
(6) In a life-threatening or potentially devastating situation, or if so prescribed by law any means of communication between the authority and the client shall suffice, where the time and the means of communication shall be recorded on the document.
(7) The provisions of communications pertaining to clients shall also apply to other parties to the proceeding.
Electronic Communication
Section 28/B.
(1) Written correspondence shall mean:
a) where a client sends a document to the authority through the customer port of entry,
b) where the authority sends a document to the client or another authority through the central electronic services network (hereinafter referred to as “central system”).
(2) Unless otherwise provided for in an act, a government decree adopted by the Government acting within its original legislative competence, or by a local government decree in administrative actions of local authorities, the client lodging a request for the opening of proceedings shall be entitled to communicate with the authority by way of electronic means, except if it cannot be applied with respect to the means of communication in force.
(3) The client shall maintain communication with the authority electronically where it is so prescribed by an act for the case in question or for specific procedural steps.
(4) Unless otherwise prescribed by law, electronic communication may not be applied in connection with the requests mentioned in Subsection (6) of Section 20 and Subsection (1) of Section 24, nor in proceedings for the judicial review of any decision of the authority.
(5) The authority shall maintain communications with the client by way of electronic means where so requested by the client, and also if the client has lodged the request by way of electronic means and did not provide otherwise in respect of the applicable mode of communication.
(6) Unless otherwise prescribed by act or government decree, if the client fails to acknowledge receipt of a document that was sent by way of electronic means within five working days, the authority shall henceforward use another form of communication with the client.
Information
Section 28/C.
(1) Except where otherwise provided for in the relevant legislation, clients shall be able to use all modalities of communication under this Chapter for requesting information.
(2) The authority shall be required to supply the information requested using the same means by which the client has requested the information.
(3) If the information pertains to any data contained in the documents of the case, and if the client has supplied the identification data prescribed for the given case and that can be processed by the competent authority on the strength of law in the request for information, the information may not be refused.
(4) The authority shall not be compelled to provide the information requested if the client is found to have exercised his right for requesting information improperly. Improper exercise of right shall mean, in particular, where the authority has delivered a decision to the client within five working days before the time of requesting the information, or if any procedural step has been implemented with the client participating.
Chapter III
Procedure of First Instance
Opening the Proceedings
Section 29.
(1) Proceedings of the authorities are opened at the client’s request or ex officio.
(2) The competent authority shall be required to launch proceedings ex officio within its sphere of competence if:
a) it is so prescribed by legal regulation;
b) so instructed by its supervisory organ, or ordered by the court;
c) it gains knowledge of a life-threatening or potentially devastating situation.
(3) Unless otherwise prescribed by an act or government decree, notice shall be sent concerning the opening of proceedings:
a) to the client, if known, within five days of the time of having taken the first procedural step in ex officio proceedings;
b) to the client, if known, other than the client who submitted the request for the opening of proceedings, within five days from the date of receipt of the petition if opened upon request.
(4) The notice shall not be sent if:
a) it is likely to jeopardize the outcome of the proceedings;
b) the authority adopts a decision on the merits of the case within five working days following the opening of the proceedings, or adopts a decision for rejection without substantive examination, or terminates the proceedings;
c) the authority vested with powers of supervision is routinely engaged in supervisory operations concerning the subject matter in question at the party affected;
d) prohibited by law for national defense and national security considerations and for reasons of public security.
(5) The notice shall contain:
a) the subject matter of the case, the case number, the date of opening the proceedings and the administrative time limit applicable to the case in question, the durations which are not included in the administrative time limit, the name of the relevant officer and the officer’s contact information;
b) information concerning access to the documents and for the proceedings available for making statements;
c) an indication if the proceedings are opened ex officio, or the name of the client lodging the petition if opened upon request;
d)
(6) Where no other form of notification is prescribed by an act or government decree, the clients living in the impact area and the organizations treated as clients under Subsection (5) of Section 15 shall be informed concerning the opening of proceedings by way of a posted notice. The notice may be published as well.
(7) The notice conveyed by way of posting and publication shall contain:
a) the subject matter and a brief description of the case;
b) the perimeter of the presumed impact area;
c) information as to the venue and the time when and where the documents of the case are to be made available to the parties concerned for inspection.
(8) The authority shall notify the person or body invoking ex officio proceedings - upon request - on the opening of the proceedings.
(9) In proceedings opened upon the client’s request, the authority shall inform the client according to Subsections (1) and (2) of Section 28/C within five working days of receiving the request concerning:
a) the case number and the name of the officer assigned to the case and the officer’s contact information;
b) the date of the opening of the proceedings, the administrative time limit, the durations which are not included in the administrative time limit, and the procedures to be implemented in the event of the authority’s failure to execute its vested authority;
c) information concerning access to the documents and for the proceedings available for making statements; and
d) a notice indicating that the request shall be construed as consent for the processing and transmission of personal data to the extent necessary for proceedings related to national legal assistance and to proceedings of the special authorities.
(10) The notices sent to bodies which are treated as clients under Subsection (5) of Section 15 relying on a database specified in a government decree shall contain the data mentioned in Subsections (5) and (7) collectively.
(11) Where a client against whom the authority is conducting proceedings cannot speak Hungarian, the authority shall ex officio notify such client concerning the opening of proceedings in a ruling translated to the client’s native language. The notice, in addition to what is contained in Subsection (5), shall contain information as to the bearing of costs related to language and other associated services.
Provisional Protective Measures
Section 29/A.
(1) Where the enforcement of a claim to which the proceedings pertain appears to be in jeopardy, the authority shall have powers to implement provisional protective measures, such as to obtain security for money claims or the sequestration of specific things, according to provisions of this Act on protective measures, pending decision on the merits of the case.
(2) The authority shall withdraw the provisional protective measure when the grounds therefor no longer exist, or if the provisional protective measure has been ordered to ensure a specific amount, and this amount has been deposited with the authority.
(3) The provisional protective measure shall be abolished upon the operative date of the resolution or the ruling for the termination of proceedings.
Rejection of a Petition Without Substantive Examination
Section 30.
The authority shall reject a petition without substantive examination within five working days if:
a) it does not fall within the jurisdiction of a Hungarian authority;
b) the authority is not vested with powers or competence, and the petition cannot be transferred;
c) the petition pertains to an objective that is manifestly impossible;
d) submission of the petition is subject to a statutory deadline or time limit, and the petition was filed prematurely or in delay;
e) the authority has already adopted a decision regarding the petition, and another petition pertaining to the same right has been submitted while the relevant facts of the case and the applicable laws remained unaltered, and the case cannot be reopened, provided that rejecting the petition without substantive examination is not excluded by the relevant legislation;
f) the petition has apparently been lodged by a person other than the rightful petitioner; or
g) based on the contents of the petition it is established that the case in question does not require administrative action.
Termination of Proceedings
Section 31.
(1) The authority shall terminate its proceeding if:
a) the petition should have been rejected pursuant to Section 30, however, the authority obtained information concerning the grounds for rejection following the opening of the proceedings;
b) the property comprising the subject matter of the case is destroyed or is damaged to such an extent that the proceedings have become obsolete;
c) the proceedings was opened upon request and the client has withdrawn the petition, except if the proceedings can be opened ex officio as well, and the authority conducts the proceedings ex officio, or if there are several petitioners involved, and not all of them have withdrawn their petition;
d) the proceeding is no longer relevant due to the client's death or the termination of a legal person or association lacking the legal status of a legal person, and procedural succession did not take place;
e) the reason for continuing the proceedings no longer exists;
f) in proceedings opened at the client’s request, the authority did not approve of the representative and the client failed to appoint a suitable replacement or did not act in person following receipt of the authority’s notice, except if the proceedings can be opened ex officio as well, and the authority conducts the proceedings ex officio, or if there are several petitioners involved, and they are acting in person or their representatives had not been rejected by the authority;
g) the case no longer falls within the competence of the authority due to an amendment of the relevant legal regulations;
h) the proceedings of the authority is subject to payment of duties or an administrative service fee (hereinafter referred to as “fee”), and the client failed to comply within the prescribed time limit in spite of being notified by the competent authority and is not exempted from the payment of costs.
(2) The authority may terminate the proceedings by way of a ruling if it was opened upon the client's request and the client failed to comply with the authority's notice requesting missing information, nor did he ask for extension of the relevant deadline, or the authority was unable to ascertain the relevant facts of the case due to the client's failure to supply a statement.
(3) If the client has withdrawn the petition for opening the proceedings prior to the operative date of the resolution according to Paragraph c) of Subsection (1), the authority shall withdraw its resolution.
(4)
Suspension of Proceedings
Section 32.
(1) Where a final decision in a proceeding requires the preliminary judgment of an issue where the decision lies with another organ, if the case cannot be reliably resolved without a decision in another proceeding under the competence of the same authority that closely relates to the case on hand, the authority shall suspend the proceedings. If the client has the right to launch proceedings before another authority, the client has to be advised to do so within the prescribed time limit. If the client fails to comply, the authority shall terminate the proceedings or shall adopt a decision based on the information in its possession.
(2) If the court of jurisdiction for administrative actions orders the authority to open new proceedings and in consequence a petition for reopening the case or for judicial review has been lodged, the authority shall suspend its proceedings.
(3) Where the procedures described in Subsection (1) cannot be applied, in justified cases the client may also request the suspension of proceedings on one occasion. The proceedings may be suspended at the client's request if:
a) it is not precluded by legal regulation; and
b) there is no adverse party or the adverse party granted consent for the suspension of the proceedings, or it does not prejudice the interests of the adverse party.
(4) Apart from what is contained in Subsection (3), additional conditions may be prescribed by legal regulations for the suspension of proceedings at the client's request.
(5) If the successor is not known beyond reasonable doubt, the authority shall suspend the proceedings if the petitioner is no longer available, and may suspend the proceedings at its own discretion in other cases.
(6) Where a liaison officer has been appointed, the authority shall have powers to suspend the proceedings on one occasion, for a maximum term of six months, taking into consideration the number of clients and the foreseeable duration of mediation.
(7) If the authority has suspended the proceedings under Subsection (3), and the client failed to request continuation within six months, the authority shall adopt a decision for the termination of the proceedings which are opened upon request only.
(8) Upon the suspension of proceedings all deadlines shall be discontinued, and shall recommence when suspension is terminated, with the exception of the administrative time limit.
(9) In addition to having the proceedings suspended the authority may decide that the suspension shall not pertain to the procedural steps pending, or to the time limits prescribed for their completion.
Administrative Time Limit
Section 33.
(1) Resolutions, rulings for the termination of the proceedings, and the rulings of appellate authorities for the annulment of decisions of the first instance and for reopening the case shall be adopted within twenty-two working days from the date specified in Subsection (5), and measures shall be taken to have the decision published within the same time limit. A shorter time limit may be established by any form of legislation, whereas a longer one may be established only by an act or government decree. Where this Act fails to prescribe the time limit for the execution of any procedural step, the authority shall take measures without delay, but within five working days, for having the procedural step in question carried out.
(2) If the client is a minor and his interest appears to be in jeopardy, or if it is necessary for the prevention of a life-threatening or potentially devastating situation, if the authority imposed provisional protective measures, or if otherwise required for reasons of public security, the resolution or the ruling for the termination of the proceeding shall be adopted in priority.
(3) The administrative time limit shall not include:
a) the length of the period of discussions for resolving any dispute in powers and competencies, and the length of the period required for the appointment of the competent authority;
b) the length of the period of legal assistance, and the time required for acquiring information pursuant to Subsection (2) of Section 36;
c) the length of time between the receipt of the notice requesting information that was missing or is required for ascertaining the relevant facts of the case, until they are provided;
d) the length of period of the proceedings of a special authority;
e) the length of the period of suspension of the proceedings;
f) the length of the period of the proceedings governed under Subsection (1) of Section 70;
g) the length of period of any system breakdown or some other unavoidable circumstance that has the capacity to disable the authority’s functions for at least one full day;
h) the time required for the translation of the petition, the decision or any other document;
i) the time required for the appointment of a curator ad litem;
j) the length of time required for the preparation of expert assessment;
(4) The authority, if a chamber organ, shall adopt a decision in the cases within its powers and competencies inside the time limits referred to in Subsection (1), or if this is not possible, during the first meeting past the expired deadline, not to exceed forty-five working days.
(5) The administrative time limit shall be reckoned from the date of delivery of the petition to the competent authority, or on the date of opening of the proceedings if launched ex officio. This provision shall also apply where a petition for proceedings to be conducted by a Hungarian authority has to be submitted to an authority other than Hungarian.
(6) In the proceedings of an authority of appellate jurisdiction or any supervisory organ the administrative time limit shall commence upon the date of delivery of all documents of the case to the authority of appellate jurisdiction or the supervisory organ. The authority shall supply the documents the supervisory organ has requested.
(7) The head of the competent authority may - except where provided by an act or government decree to the contrary - extend the administrative time limit - before it expires - in justified cases on one occasion, by maximum twenty-two working days, or by ten working days in the cases described under Subsection (2).
(8) Except where otherwise provided by an act or government decree, the administrative time limit for the proceedings of special authorities shall be ten working days. In justified cases the head of the special authority may extend the time limit for the proceedings of special authorities on one occasion, by ten working days, of which the client and the requesting authority shall be notified.
(9) A time limit shorter than what is contained in Subsections (7) and (8) may be established by any form of legislation, whereas a longer one may be established only by an act or government decree.
Section 33/A.
(1) In the event of the authority’s failure to comply with the relevant administrative time limit for reasons beyond the control of the client and other parties to the proceeding, the authority shall refund the duties and other charges the client has paid in connection with the proceedings; if the time required for the proceedings has exceeded the administrative time limit by a factor of two, the amount of refund payable to the client shall be double the amount of duties and other charges the client has paid for proceedings of the first instance.
(2) Where the client has been granted exemption from the payment of duties and other charges in whole or in part, this shall have no bearing on the authority’s payment obligation under Subsection (1); in these cases the authority shall pay the part unpaid by the client to the central budget. If the client who has lodged the request for proceedings of the first instance is not liable to pay duties and charges - which are otherwise payable for such proceedings - by virtue of law, the authority shall pay an amount equivalent to the sum of the general rate of the procedural duty prescribed in the Duties Act to the central budget, or double that amount where applicable.
(3) The authority shall pay the refunds described in Subsections (1) and (2) from its own budget, within five working days of the effective date of the decision establishing the payment obligation to the client who has submitted the petition for the proceedings of the first instance, or shall pay it to the central budget.
(4) If the authority of appellate jurisdiction or the supervisory organ finds that the authority had no reason to extend the administrative time limit, or did not comply with the payment obligation the provisions contained in Subsection (1) notwithstanding, the authority shall be ordered to refund or pay the sum specified in Subsection (1) or Subsection (2).
Section 33/B.
(1) With a view to adopting a collective decision, the authority may order the merger of cases pending in front of it, where the subjects of such cases are related. The authority may adopt a single decision in connection such cases.
(2) Where requested by the clients collectively, the authority may order the merger of cases if the conditions mentioned in Subsection (1) are satisfied - and may adopt a single decision in connection such cases.
(3) In connection with the merger of proceedings, the authority shall honor the earliest of the administrative time limit applicable.
Petitions
Section 34.
(1) Except where otherwise provided for in the relevant legislation, petitions may be submitted to the competent authority in writing or orally. A petitioner may be required to appear in person by law, where any fact or circumstance that is deemed essential for adopting a decision in the case cannot be obtained otherwise.
(2) In a life-threatening or potentially devastating situation requiring prompt attention, the petition may be conveyed by telephone as well.
(3) Clients may be required by law to submit their petitions on the prescribed form, or on standard electronic forms in connection with electronic communication. If electronic communication is prescribed mandatory by law, the petition shall be submitted on the standard electronic form or by using the proper software, and the authority shall make available the standard electronic forms that can be completed and downloaded electronically, and the downloadable version of the software according to the rules on electronic information services.
(4) The client may withdraw his petition for the opening of proceedings before the operative date of the resolution or the ruling for the termination of the proceeding.
(5) The provisions pertaining to requests for the opening of proceedings shall apply to other petitions of clients as well, with the exception that such requests may be withdrawn before the operative date of the decision adopted on the subject-matter of the case.
Section 35.
(1) Unless additional requirements are prescribed by law, the petition shall contain the name and address of the client and his representative, the client’s express request for the authority’s decision, and - optionally - it may indicate the client’s electronic mailing address, fax number or telephone number.
(2) Where so prescribed in the relevant legislation, the petition shall contain - for reasons of identification of the client - the client’s means of verification suitable for the case on hand and that the competent authority is authorized to process on the strength of law.
Section 36.
(1) Petitions shall be submitted with the enclosures prescribed by the relevant legislation attached. The client may not be requested to enclose the official assessment of a special authority or the special authority’s prior express consent.
(2) Apart from the data necessary for the identification of the client, verification of any data that is considered public information or that must be contained in the records of an authority, a court or the Magyar Országos Közjegyzői Kamara (Hungarian Association of Notaries Public) as prescribed by law may not be requested from the client. Requests for data shall be satisfied within five working days.
(3) In connection with special data, the client may request the body that controls such data to forward it to the authority of his choosing. Upon receipt of such request, the authority shall proceed according to Subsection (2).
(4) The client shall pay the fee charged for the data supplied under Subsection (2) to the competent authority. The fee shall comprise revenue for the requested authority. The competent authority shall inform the client concerning the duties and other fees charged by the court or the Magyar Országos Közjegyzői Kamara, including the terms and conditions of payment.
Section 37.
(1) A petition shall be assessed based on its contents, even if it fails to coincide with the designation used by the client.
(2) The competent authority shall proceed to check the petition immediately when received to determine as to whether:
a) the authority has jurisdiction, powers and competence to adjudge the case,
b) provisional measures or provisional protective measures are to be applied,
c) the petition is in compliance with the requirements set out in Section 35 and Subsection (1) of Section 36.
(3) If the petition fails to comply with the requirements set out in Section 35 and in Subsection (1) of Section 36, the competent authority shall advise the client within five working days of receipt of the petition to supply any missing information within the prescribed time limit, indicating the legal ramifications of non-compliance. A notice for requesting missing information may not be issued pertaining to a data or document that is to be obtained by the authority by virtue of Subsection (2) of Section 36, nor if the client did not file the petition on the standard form prescribed on account of the authority’s failure to make available the standard electronic forms that can be completed and downloaded electronically in compliance with the provisions on electronic information.
(4) The five working day time limit for issuing the notice for requesting missing information may be extended by an act or government decree.
(5) A notice for requesting missing information may be issued during the proceedings also if the petition was found in compliance with the requirements set out in Section 35 and in Subsection (1) of Section 36, however, it is deemed necessary in connection with a new information that may have emerged in the process of ascertaining the relevant facts.
Section 38.
(1) Natural persons shall submit their requests for the opening of proceedings in the first instance to the authority vested with powers and competence for the proceedings in question or, if not precluded by law, at the authority of jurisdiction by reference to his home or work address, vested with similar powers, or failing this at the notary of jurisdiction by reference to his address or employment, who shall forward it to the competent authority.
(2) An authority or body may be designated in derogation from Subsection (1) by an act or government decree where a petition may be submitted.
(3) If the client submitted his request at an authority or agency other than the one vested with powers and competence under Subsection (1) or (2), the competent authority shall notify the client according to Subsection (9) of Section 29 concerning the opening of proceedings.
Section 38/A.
(1) Where requests for the exercise of a right can be submitted collectively if so provided in an act or government decree, at an authority designated by such act or government decree (hereinafter referred to as “participating authority”), this authority shall transmit such requests within eight working days to the authorities vested with powers and jurisdiction for adopting the relevant decisions.
(2) The administrative time limit shall commence on the day when the requests are delivered to the authorities vested with powers and jurisdiction.
(3) Unless otherwise prescribed by an act or government decree:
a) the client shall be liable to pay the applicable duties and fees to the participating authority;
b) the participating authority shall check the request and shall advise the client to remedy any deficiencies, this, however, shall have no bearing on the right of the authority vested with powers and jurisdiction to request missing information;
c) the participating authority shall be entitled to reject the request without substantive examination in the cases under Paragraphs a), c) and g) of Section 30;
d) the participating authority shall have powers to terminate the proceedings under Paragraph h) of Subsection (1) of Section 31.
(4) An act or government decree may confer other procedural functions upon the participating authority.
Section 38/B.
(1) If the participating authority has advised the client to remedy certain deficiencies pursuant to Paragraph b) of Subsection (3) of Section 38/A, and the deadline prescribed not yet expired, the competent authority may extend the deadline and request additional information.
(2) If the participating authority has released a notice for requesting the missing information, and the client complied in due time, the competent authority may not issue another notice pertaining to the contents and enclosures of the request.
Section 38/C.
Where so prescribed in an act or government decree, or upon the consent of the client who has submitted a request for the opening of proceedings, a certification body specified by law may participate in the process of ascertaining the relevant facts of the case. The authority must accept the certificate issued by the certification body in accordance with the relevant legislation in ascertaining the relevant facts of the case, and shall conduct no further procedural steps in respect of the facts certified.
Memorandum and Official Transcript
Section 39.
Section 39. (1) The events of the consultation, seizure and other procedural steps defined by law shall be documented in a memorandum, furthermore, a memorandum shall be drawn up at the client’s request or if deemed necessary for the purposes of the proceedings, on oral request, on the interview of the client, a witness or an expert, on a survey or site inspection and other evidentiary procedures. Where an official witness is involved in the implementation of certain procedural steps, the authority shall record the procedural step in a memorandum.
(2) The memorandum shall contain:
a) the name of the authority, the name of the officer assigned, the subject matter of the case and the file number;
b) the name and address of the person interviewed, his procedural status and - if made available to the authority - means of contact;
c) the name of the official witness;
d) proof of the interviewed person being advised of his rights and obligations;
e) all statements and findings of import pertaining to the case, the facts and circumstances revealed by the procedural steps listed under Subsection (1) which may be of import concerning the outcome of the case, including the comments made by the official witness;
f) the place and time where and when the memorandum was drawn up; and
g) the signature of the person interviewed, the representative of a person without legal capacity, the official witness, the officer in charge and the signature of the keeper of the memorandum on each page.
(3) Upon the interviewed person’s justified request, his statement, deposition, expert assessment, or parts of them shall be recorded in the memorandum verbatim.
(4) The provisions relating to memorandums shall also apply to sound recordings, with or without video, with the exception that they shall contain the information mentioned under Paragraphs a)-f) of Subsection (2). The recording medium containing the sound recordings, with or without video, shall be enclosed with the documents of the case, or a memorandum shall be drawn up before the conclusion of the proceedings with the contents specified in Subsection (2).
(5) The authority shall make a selection as to the means of the memorandum under the principles of cost-effectiveness and efficiency. The client and other parties to the proceeding may request the use of the means of the memorandum they prefer, on condition that they agree to cover the extra costs involved.
(6) The procedural steps referred to in Subsection (1), which are not recorded in a memorandum at the client’s request or on account of the lack of proper justification to make one, shall be fixed in an official transcript. The official transcript shall indicate the place and time where and when it was taken, the subject matter of the case and the file number, proof of the person affected being advised of his rights and obligations, description and a brief summary of the procedural steps, and the name and signature of the officer in charge, furthermore, in connection with oral requests, the name and home address of the client, and the contents of the request.
Confidential Data Processing
Section 39/A.
(1) Upon receipt of a justified request, the authority shall be entitled to order that the natural identification data and home address of a witness, interpreter, holder of the subject-matter of the inspection to be handled confidentially, if the requesting person is able to demonstrate that he could be exposed to extreme danger on account of his part in the proceedings.
(2) Experts may request - according to Subsection (1) - that their natural identification data and home address, apart from their data contained in the register of forensic experts which are considered public information, to be handled confidentially.
(3) The authority shall process natural identification data and home address separately among the documents of the case, confidentially. The authority shall ensure that confidential data will be kept confidential in the course of procedural steps.
(4) Access to any confidential data shall be authorized only for the officer in charge, the keeper of the memorandum and the clerk typist, the head of the authority, the supervisory organ, and an authorized officer and the head of the authority of appellate jurisdiction, the competent public prosecutor and the judge hearing the judicial review.
(5) With a view to securing the right of access to documents, the authority shall prepare an extract of the documents of the case - subject to statutory formal and content requirements -, with all information of reference to the person specified in Subsection (1) above removed.
Representation
Section 40.
(1) Where the client is not required by an act to proceed in person, the client may be substituted by his legal representative or by a person designated by the client or his legal representative, and in all cases the client may proceed together with his representative. The same person may not represent the adverse parties.
(2) If the client is not involved personally, the authority shall check the representative’s authorization for representation. The representative shall be required to verify his authorization for representation by way of the means specified in Section 40/A.
(3)
(4) The authority shall refuse to allow a representative to proceed if found unsuitable to properly handle the case, or if the representative fails to subsequently provide proof of authorization when requested. If the representative is rejected the authority shall call upon the client to take action in person, or to provide a suitable replacement representative.
(5) If the client is a natural person whose whereabouts are unknown or is unable to handle the case in person, and does not have a legal representative or proxy, the competent authority shall contact the guardian office to delegate a curator ad litem.
(6) Other forms of representation may also be prescribed by statutory provision, as well as specific type of proof for the power of representation.
(7) If the client has a representative, the authority shall send the documents to the representative; however, a summons instructing the client to appear in person shall be served only upon the client, with his representative notified at the same time. A client with legal capacity may request the authority to deliver the documents to him, regardless if there is a representative involved in the case.
(8) Where any statement made by the client fails to coincide with those made by his representative or representatives during the proceedings, or if their procedural steps are contradictory, the authority shall instruct the client to clarify within the prescribed time limit. If the client fails to comply in due time, the authority shall consider as if the statements and procedural steps of the client himself are contradictory.
Section 40/A.
(1) The authorization for representation shall be fixed in writing or recorded in a memorandum. If made in writing, the authorized representative shall attach the original of the authorization for representation, or a certified copy to the documents at the time of first contact.
(2) Where the authorization for representation is made out in writing, it shall be fixed in an authentic instrument or a private document with full probative force. A power of attorney made out to an attorney at law need not be witnessed if signed by the client himself; otherwise the provisions of the relevant legislation shall apply.
(3) Where the authorization for representation is made out abroad, it shall be fixed in an authentic instrument or a certified private document, and shall be re-certified.
(4) The authorization may apply to the entire proceedings, or to certain procedural steps only.
(5) Where the authorization applies to the entire proceedings, it shall cover all statements and acts related to the proceedings, including protective measures and enforcement procedures.
(6) Any limitation upon the right of representation shall be recognized to the extent implicitly implied in the authorization.
(7) Where the authorization is terminated by way of withdrawal or rescission, or upon the death of the client, it shall take effect vis-à-vis the authority upon the time of notification of the authority, and vis-à-vis other clients upon the notification of the client.
Liaison Officer
Section 41.
(1) In the interest of settlement of disputes between the authority and the client, and adverse parties, the authority may employ a liaison officer.
(2) The following persons may not function as liaison officers:
a) the client, the owner, officer or employee of an organization that is involved in the proceedings as a client, and any person engaged with the client under contract for the performance of work;
b) any person engaged with the authority or with the supervisory organ of the authority in a civil service or other similar relationship for the performance of work;
c) any person who is involved in the case on his own right or by way of a relative;
d) any person who is considered to be biased for any other reason.
(3) The liaison officer:
a) shall be liable to provide authentic and accurate information and in readily understandable language to the parties affected concerning the objective of the proceedings and the foreseeable consequences, and on any measures that may be necessary to prevent or reduce potentially unfavorable changes (effects);
b) shall inform the clients regarding the provisions of legal regulation relevant to the case, and their rights specified in substantive and procedural regulations;
c) shall mediate between the authority and the clients, or the adverse parties with a view to finding a solution to achieve the objectives of the proceedings and that is beneficial to all sides concerned;
d) shall compile and arrange the comments received from the clients in connection with the proceedings before conveying them to the authority.
(4) The authority - if not precluded or restricted by law - shall permit the liaison officer to inspect the relevant documents to the extent required for his official functions and shall provide support to the liaison officer to the extent necessary to discharge his duties.
(5) The liaison officer shall maintain confidentiality with regard to all of the protected data obtained in that capacity, and shall provide for the protection of personal data.
(6) Any liaison officer who fails to discharge his duties for reasons within his control shall be subject to administrative penalty and may be ordered to bear the costs incurred.
(7) The liaison officer shall be remunerated for his work and shall be compensated for his related expenses according to the rules of liability for costs.
(8) The register of liaison officers maintained by the public administration body of the Government of regional jurisdiction shall contain the natural identification data and education of the liaison officers, their contact information and the sphere of activities in which they are authorized to proceed in the capacity of liaison officers.
(9) The information contained in the register referred to in Subsection (8) concerning the name, contact information, education and sphere of activities of liaison officers are considered public information.
Exclusions
Section 42.
(1) Any person whose right or lawful interests is directly affected in a case may not participate in proceedings pertaining to that case.
(2) Any person who had a role in the first instance may not participate in the second instance, nor any person who has made a testimony or who participated as a liaison officer, or as the client’s representative, an official witness or an expert.
(3) Any person who is considered biased may not participate in a proceedings.
(4) Any authority whose right or lawful interests is directly affected in a case may not participate in proceedings pertaining to that case. However, the authority shall not be excluded solely because any payment established by way of a resolution is paid to an account it has indicated.
(5) The notary of a community may not participate - in the capacity of an authority - in any proceedings, in which his employer local government, any association of this local government or the mayor exercising employer’s rights is involved as the adverse party, or if the impending resolution may impose an obligation or right upon the local government, the association or the mayor, or may result in any commitment on their part relating to the subject-matter of the proceedings.
(6) Any authority whose head is subject to any grounds for disqualification in connection with a case may not participate in proceedings pertaining to that case.
Section 43.
(1) An officer shall notify the head of the authority if he should be excluded for any reason without delay, not to exceed three working days following the day on which the cause for exclusion emerges. The grounds for exclusion may be reported by the client as well within five working days from the day of gaining knowledge of such. If the client’s motion for exclusion is manifestly unfounded, or if lodging another unsubstantiated attempt in the same proceeding for the exclusion of the same person, an administrative penalty may be imposed upon this client in the ruling in which exclusion is refused.
(2) The head of the authority shall adopt a decision on the subject of exclusion and shall appoint another officer if necessary, and shall also decide as to whether the procedural steps taken by the excluded officer should be repeated or not.
(3) If another officer with proper qualifications is not available at the authority, the head of the supervisory organ shall appoint another authority of similar powers and competencies.
(4) Where any grounds for exclusion emerges in connection with the head of the competent body or authority, the grounds for exclusion shall be reported to the head of the supervisory organ.
(5) Where any grounds for exclusion emerges in connection with the head of the competent officer or authority, the case shall be transferred - unless the relevant legislation provides otherwise - to another authority designated by the head of the supervisory organ that is vested with similar powers and competencies.
(6) If another authority vested with similar powers and competencies, to which the case can be transferred is not available, the authority that is subject to grounds for exclusion shall proceed, however, it shall communicate its resolution and any ruling which may be appealed independently to the head of the supervisory organ as well.
(7) Exclusion shall also apply to the members and heads of associations acting in some administrative action, and to the manager vested with powers for the issuance of official copies of the competent authority, with the exception that if another officer vested with powers for issuance facilities or one who would be qualified to handle such functions is not available at the authority, the competent officer shall proceed in the case.
(8) In the administrative actions of local government authorities, decisions concerning exclusion shall be adopted in proceedings related to personal involvement as specified in specific other legislation.
Participation of Special Authorities
Section 44.
Section 44. (1) An act or government decree may require the authority of competence to adopt a decision on the merits of the case to obtain the opinion of another authority (hereinafter referred to as “special authority”). The special authority shall provide an assessment in connection with issues for which it has competence in administrative actions, or failing this it is conferred under its competence by an act or government decree.
(2) An act or government decree may delegate a scientific or professional body, or an expert association to function as the special authority in connection with specific issues.
(3) Unless otherwise provided for in this Act, the provisions on authorities shall also apply to special authorities.
(4) Where a client fails to pay the duties and fees charged for the proceedings of the special authority in full at the time of payment of the duties and fees charged for the underlying procedure, the authority shall advise the client to pay the fees as charged with respect to all special authorities. The authority shall contact the special authority if the client remedied the payment arrears.
(5) The special authority need not be contacted if the authority finds within eight working days that the request has to be refused irrespective of the special authority’s assessment.
(6) The provisions pertaining to the content requirements of resolutions shall also apply to special authority assessments, with the exception that the assessment:
a) shall indicate the name of the special authority and the name of the special authority’s officer,
b) shall contain in the operative part the special authority’s consent, any provision or condition prescribed by the special authority, or its refusal to grant approval,
c) shall not contain a decision concerning the bearing of procedural costs.
(7) If the special authority finds its assessment unlawful, it may alter the assessment on one occasion before the operative date of the authority’s resolution or ruling for the termination of the proceedings.
(8) Where so provided for in an act or government decree, the special authority shall provide a prior assessment upon the client’s request submitted before the opening of the proceedings - including payment of the duties and fees charged for the proceedings of the special authority -, subject to the provisions pertaining to procedures for the special authority’s assessment, in proceedings for the enforcement of specific client rights (hereinafter referred to as “prior express consent of the special authority”) that shall remain valid for a period specified in an act or government decree. Where a prior express consent is enclosed with the application, the authority shall use it as the special authority’s assessment, with the exception that Subsection (7) of Section 44 shall not apply.
(9) The prior express consent, assessment and rulings of the special authority may not be appealed independently; they may be contested together with the relevant resolution or ruling for the termination of the proceedings.
Section 45.
(1) An act or government decree may require in connection with certain specific types of cases the authority and the relevant special authority to lay down the conditions for authorizations by way of negotiations; the special authorities shall be notified of the procedure and the deadline for negotiations in the request for negotiations.
(2) If the authority and the special authority or authorities prescribe provisions or requirements which are contradictory to any extent, the authority and the special authorities affected shall enter into negotiations that are to be concluded within five working days, unless otherwise prescribed by an act or government decree, and the special authorities shall communicate their assessment revised as discussed to the competent authority.
(3) Where the authority considers that the special authority has exceeded its competence, or its assessment is contradictory to the requirements set out in Subsection (6) of Section 44, the authority shall discuss the issue with the special authority within five working days of receipt of the assessment. If the discussions are unsuccessful the authority shall move to suspend the proceedings and shall invoke the proceedings of the special authority’s supervisory organ. The supervisory organ shall adopt a decision within ten working days.
(4) If the special authority considers that its assessment is ignored or its proceeding prescribed by an act or government decree is avoided, it shall discuss the issue with the authority within five working days of becoming aware thereof and, if the discussions are unsuccessful, shall move to invoke the proceedings of the authority’s supervisory organ. The supervisory organ shall adopt a decision within ten working days.
(5) If the court of jurisdiction for administrative actions found the special authority’s assessment unlawful and annulled or overruled the resolution on those grounds, the special authority shall reimburse the authority of the expenses incurred resulting from its unlawful assessment.
(6) If the court of jurisdiction for administrative actions annulled or overruled the resolution on the grounds of the authority’s actions to ignore the special authority’s assessment, the authority shall reimburse the special authority of the expenses incurred on account of those actions.
Section 45/A.
(1) Where the special authority becomes aware of a fact or circumstance that requires:
a) provisional protective measures,
b) the rejection of the request without substantive examination,
c) the termination of the proceedings,
d) the suspension of the proceedings,
e) the implementation of sanctions for the obstruction of the proceedings,
the authority shall be so informed without delay.
(2) The special authority shall proceed to check the petition immediately when received to determine as to whether it has powers and competence to adjudge the case.
(3) The special authority, it it finds that it has no competence in the case, shall so inform the authority within five working days of the time of receipt of the request and shall terminate its proceedings.
(4) The special authority, it it finds that it has no jurisdiction in the case, shall forward the request within five working days of the time of receipt, together with all documents of the case, to the authority vested with powers and competence - of which the requesting authority has to be notified -, and shall terminate its proceedings.
(5) If the special authority finds that it has already adopted a decision regarding the request, and another request - other than a request for prior express consent of the special authority - pertaining to the same right has been submitted while the relevant facts of the case and the applicable laws remained unaltered, the special authority shall forthwith send its previous assessment to the authority and shall terminate its proceedings. The request may not be satisfied by re-sending the previous assessment of the special authority if the case is re-opened.
(6) The special authority shall request - if necessary - the client to remedy any deficiencies according to Section 37, and shall so inform the authority without delay. If the client fails to comply with such request in proceedings opened upon request, the special authority shall inform the authority on the client’s failure to remedy deficiencies, upon which the authority shall terminate the proceedings if it cannot be continued ex officio.
Summons
Section 46.
(1) Where it is necessary to interview a person in connection with a proceeding, the authority shall summon this person to appear prior to the time limit or deadline given, or at the place indicated.
(2) In proceedings opened at the client’s request the client may not be summoned to appear, unless:
a) the authority continues such proceedings ex officio;
b) consultation, public hearing or settlement negotiations are required by law.
(3) The summons shall be served - unless the circumstances suggest otherwise - upon the person summoned at least five working days before the scheduled date of the hearing to make it easier for him to comply.
(4) The summons shall indicate the reason and the status in which the person will be interviewed. The person summoned shall be advised as to the consequences of failure to appear.
(5) A summons ruling may be served orally as well.
(6)
Section 47.
(1) The authority may summon a person who lives outside its seat to appear at its seat only if so prescribed by legal regulation or if so requested by the person affected, and if the person summoned to be interviewed has better access to the competent authority's seat as oppose to the authority of the lowest level, at whose seat he resides permanently or temporarily; otherwise the authority shall contact the authority of the lowest level to have the person interviewed.
(2) The restriction prescribed in Subsection (1) shall not apply in the case where the person is summoned to participate in discussions or negotiations, or if having the interview conducted elsewhere would impair the procedural rights of the client (clients), or if at the home address of the person to be interviewed there is no authority that is suitable to take the necessary procedural step.
(3) An authority whose competence is limited to Budapest, the heads of the regional branches of cities of county rank, the district notaries and their offices, and the managers vested with powers for the issuance of official copies of the official administrative associations may summon persons from the entire area of Budapest, the county, and the entire area of the association, respectively.
Section 48.
(1) The person summoned must appear as ordered.
(2) If the person summoned fails to comply with the summons or departs without authorization from the place of the proceedings before the interview, and is unable to provide sufficient explanation in advance as to the reason for his absence, or to verify it within five working days, or if he appears for the interview in a condition unsuitable to be interviewed without offering an adequate reason therefor, such person may be subject to an administrative penalty, and may be ordered to bear the extra costs that may be incurred for the procedural step having to be repeated. No penalty may be imposed and no extra costs may be charged upon the person summoned if the summons had not been served properly.
(3) If the person summoned fails to appear upon the second summons and fails to offer a proper excuse, he may be arrested and presented by the police. The arrest warrant shall be approved - unless otherwise prescribed by law - by the public prosecutor to be requested by the head of the authority.
(4) If the authority is aware that a person whose arrest has been warranted is a commissioned member of the Hungarian Armed Forces or a law enforcement agency, the relevant commander shall be contacted to carry out the arrest.
(5) If the person summoned is able to verify the reason for his absence or departure, the ruling establishing the administrative penalty and the ruling ordering his arrest shall be withdrawn.
(6) If the representative of a legal person or association lacking the legal status of a legal person failed to appear for the interview as summonsed, and the executive officer refuses to reveal the name of the representative at the authority's request, the executive officer may be imposed an administrative penalty and may be ordered to cover the extra costs involved. The arrest may apply to the executive officer.
Notice
Section 49.
(1) If the authority considers that it is not necessary to summon a client, the client shall be notified concerning the interview of the witness and the expert, on the inspection and the hearing, including an advice that the client shall have the option to attend the interview. The notice - unless the circumstances suggest otherwise - shall be delivered to the client at least three working days in advance.
(2) The client may not be notified and the hearing or the inspection shall be conducted in closed session, if the personal identification data and home address of the witness to be heard, the expert or the holder of the subject-matter of the inspection are handled confidentially, and confidentiality of such data cannot be ensured during the hearing or the inspection.
(3) The competent special authority shall be notified concerning the hearing of a witness or an expert, on the inspection, negotiations and the public hearing at least three working days in advance, where it concerns its powers and competencies.
Ascertaining the Relevant Facts of the Case
Section 50.
(1) The authority shall ascertain the relevant facts of the case in the decision-making process. If the information available is insufficient, the authority shall initiate an evidence procedure ex officio or upon request.
(2) The authorities vested with similar powers and competencies in the same impact area may be ordered by an act or government decree to cooperate with a view to ascertaining the relevant facts of the case.
(3) The facts which are officially known to the authority and which are of common knowledge shall not be evidenced.
(4) In proceedings of the authorities such evidence shall be admissible if suitable to facilitate the ascertaining the relevant facts of the case. Evidence shall, in particular, mean the client's statement, a document, a testimony, a memorandum of inspection, expert opinion, a memorandum drawn up in a regulatory inspection and physical evidence.
(5) The authority shall select the evidence it deems admissible at its own discretion. The authority may be required by law to base its resolution solely on certain specific means of evidence, furthermore, an act or government decree may prescribe the use of certain specific means of evidence mandatory, and may prescribe that certain specific bodies have to be consulted beforehand.
(6) The authority shall assess each piece of evidence separately and on the aggregate and shall establish the facts according to its conviction based on this assessment.
(7)-(9)
Section 50/A.
(1) The authority of competence to adopt a decision on the merits of the case shall have powers - with a view to ascertaining the relevant facts of the case - to take one’s property from one’s possession (hereinafter referred to as “seizure”), if there is no other way to ascertain the relevant facts of the case or it would take an unreasonably long time, or if failure to do so may endanger the success of the procedure.
(2) In the process of the implementation of the seizure the holder of the property shall be advised to surrender the property. Any person who cannot be heard as a witness shall not be compelled to surrender the property.
(3) Where a person who is required to surrender the property fails to comply, the authority shall carry out the seizure with police assistance, and may impose an administrative penalty upon the person required to surrender the property.
(4) The provisions on inspections shall also apply to seizures, with the exception that the provisions pertaining to the holder of the subject-matter of the inspection shall apply to the holder of the seized property.
Section 50/B.
(1) The authority shall provide for the transportation and safeguarding of the seized property, or if transportation is not possible or if it would entail unreasonably high costs, it shall leave the property in the custody of the holder subject to a prohibition of use and alienation.
(2) The seizure report shall describe the seized property enabling individual identification.
(3) The seized property shall be safeguarded to prevent any changes, and to ensure that the seized property cannot be exchanged and that it can be easily identified.
(4) As regards seized documents, a certified copy shall be provided at the request and at the expense of the holder of the document, provided that this is not considered to jeopardize the outcome of the procedure.
Section 50/C.
(1) The authority shall terminate the effect of the seizure:
a) when the grounds therefor no longer exist,
b) if the authority terminated the proceedings, or
c) a decision has been adopted on the merits of a case.
(2) Unless otherwise provided in the relevant legislation, any seized property that has no further use for establishing the relevant facts of the case shall be returned to its original holder within five working days. If the authority requests proceedings that fall within the competence of another authority, any seized documents and physical evidence that may be necessary to carry out the proceedings shall be handed over to the requested authority.
(3) Where it is evident on the basis of the relevant circumstances that the person from whom the property was seized is not the rightful holder of the property, the authority shall release the property in question to a person who is able to make a claim properly substantiated.
(4) Where possession of the seized property is found unlawful, the authority shall proceed as instructed by the relevant legislation instead of releasing the property.
(5) If the property cannot be released in its physical substance, compensation shall be provided based on the consideration received from the sale of the seized property, less the costs of storage and handling, with interest added up to the time of compensation calculated by the central bank base rate. Any additional claim the holder of the property may have can be enforced under civil liability. Where seizure was subsequently found unsubstantiated, the costs of storage and handling may not be deducted from the amount of consideration received from the sale of the seized property.
(6) If the seized property has no value, and if it is unclaimed, it shall be destroyed upon the termination of the effect of the seizure. The owner and the holder of the seized property shall be jointly and severally liable for the costs of destruction.
(7) Where a property is to be released to a client, it may be withheld in security for any cash payment for which the client is liable.
Section 50/D.
(1) The authority shall move to sell a seized property if it is perishable or unsuitable for long-term storage.
(2) The authority may also move to sell a seized property if:
a) the treatment, storage or safeguarding of the seized property is likely to entail unreasonably high costs, taking into account the value of the property or the foreseeable long period of storage that may be required,
b) the value of the seized property is likely to diminish considerably due to the foreseeable long period of storage that may be required.
(3) In the cases of Subsections (1) and (2), the seized property may be sold if no rightful claim is filed for the property within three working days following the authority’s notice.
(4) The consideration received from the sale of the seized property shall take the place of the seized property.
Client Statement, Data Disclosure Requirement
Section 51.
(1) The client has the right in a proceedings to make a statement, or to refuse to make a statement.
(2) If deemed necessary to ascertain the relevant facts of the case the authority shall request the client in proceedings launched upon request to make a statement. If the client fails to provide a statement as requested by the authority in proceedings opened at his request, the authority shall adopt a decision based on the information in its possession, or shall terminate the proceedings pursuant to Subsection (2) of Section 31.
(3) An act or government decree may compel the client in ex officio proceedings, or the adverse party in proceedings opened upon request to supply at the authority’s request the information deemed necessary for a decision on the merits, and may prescribe sanctions for any failure to comply with the obligation of data disclosure or for supplying false data.
(4) Where the disclosure of data is prescribed by an act or government decree, the client, or the adverse party in proceedings opened upon request may refuse to comply if:
a) he was not released from the obligation of confidentiality relating to classified information;
b) compliance would implicate himself or his relative in some criminal activity.
(5) The client or his representative may be subject to an administrative penalty if providing any false evidence of substantial weight for the case on hand, in spite of his knowledge otherwise, or if fails to comply with the disclosure requirement prescribed in Subsection (3) for reasons other than those illustrated under Subsection (4), or conceals any information which may be of import concerning the outcome of the case, or provides any false information.
(6) The authority shall inform the client concerning his rights and obligations relating to making statements and to data disclosures, and shall advise the client concerning the legal consequences for any failure to comply with his obligations.
Official Documents
Section 52.
(1) The authority, for establishing the relevant facts of the case, may request to present some document or other instrument, and may contact another organ in an attempt to obtain them, in accordance with Paragraph c) of Subsection (1) of Section 26.
(2) An authentic instrument made out abroad, and any private document certified by a foreign court, administrative body, notary public or any other person vested with authenticity shall - unless any legal regulation pertaining to the case in question, an international agreement or the principle of reciprocity suggests otherwise - be considered affirmative proof according to Hungarian laws if endorsed by the Hungarian foreign mission in the country where it was issued. Any instrument made out in a language other than Hungarian shall be accepted only with the official translation attached, unless otherwise prescribed by any legal regulation pertaining to the type of case in question.
(3) Any instrument made out in a language other than Hungarian shall be accepted only with the official translation attached, unless otherwise prescribed by any relevant legislation pertaining to the type of case in question, however, the client may offer a statement concerning a fact that is to be verified in place of a document that may be unreasonably difficult to obtain. In such cases the client has to be advised concerning the legal consequences for making a false statement.
(4)
Witnesses and Official Witnesses
Section 53.
(1) Any fact that pertains to the case may be verified by witness testimony.
(2) The person summoned to testify must appear for the interview and shall provide a testimony subject to the exceptions set out in Paragraph b) of Subsection (3) and in Subsections (4) and (6).
(3) A person may not be required to testify:
a) who is unlikely to produce any admissible evidence;
b) who was not released from the obligation of confidentiality concerning any privileged information.
(4) Testimony may be refused if:
a) the witness is a relative of any of the clients; or
b) it would implicate the witness himself or his relative in some criminal activity.
(5) A testimony taken in violation of the provisions contained in Subsection (3) may not be admissible, or any testimony where the witness was not advised beforehand concerning his right explained in Subsection (4).
(6) Subject to the exceptions set out in an act, persons enjoying diplomatic immunity shall not be obliged to testify.
Section 54.
(1) Before the interview the witness's identity shall have to be established. The witness shall declare his relationship with the clients, and whether or not he is biased. If there is any proof indicating that the witness is biased, it shall be recorded in a memorandum. The witness shall be advised of his rights and obligations, and of the legal consequences of perjury.
(2) A witness not yet interviewed may not be present at the interview of the client, another witness or an expert.
(3) If the authority interviews a witness without a hearing, this interview shall be conducted according to the provisions on hearings.
(4)-(5)
(6) The interview of the witness may not be attended by the client or any other parties to the proceeding, if the witness's testimony concerns any protected data, or if the natural identification data of the witness are to be handled confidentially.
(7)
Section 55.
(1) The authority shall have the right to carry out protective measures and to conduct inspections, searches seizures and regulatory inspections in the presence of an official witness.
(2) An official witness may not be present at the procedural steps where video and sound recordings are made.
(3) The official witness shall verify the events when carrying out the procedural step and the facts he has seen by affixing his signature on the memorandum.
(4) Relatives of the client, and persons engaged in employment or some other work-related relationship with the competent authority, and persons lacking legal capacity may not function in the capacity of official witness.
(5) No one may be compelled to serve as an official witness.
(6) Prior to carrying out the procedural steps, the official witness shall be advised of his rights and obligations. The official witness may present his views in connection with the procedural steps, and shall be entitled to compensation according to the provisions governing the reimbursement of the expenses of witnesses.
(7) The official witness is bound by confidentiality with regard to every fact and datum about which he gains knowledge, from which he may be released by the competent authority, the authority of appellate jurisdiction or the court in respect of the facts, data and circumstance which pertain to the given case.
Search Warrant
Section 56.
(1) Where ascertaining the relevant facts of a case requires the inspection or surveillance of any movable property, real estate property (hereinafter referred to collectively as “subject-matter of the inspection”), or a person, the authority may order an inspection.
(2) Inspections may be conducted by the authority’s officers, an expert appointed by the authority, or another person duly authorized by the relevant legislation, where they are required to verify their authorization, with the exception set out in Subsection (3) of Section 57. The person conducting the inspection may be required by law to produce a letter of authorization before commencing the inspection.
(3) An act or government decree may provide for the special authority competent in the case to provide its assessment within the framework of an on-site inspection. The authority shall inform the special authority concerning the time of the on-site inspection at least ten working days in advance, by forwarding the request for a special authority assessment.
(4) In the case referred to in Subsection (3) above, the provisions of Paragraph d) of Subsection (3) of Section 33 and Subsection (8) of Section 33 shall not apply.
Section 57.
(1) Subject to the exceptions set out in Subsections (2) and (3), the holder of the subject-matter of the inspection and the person mentioned in Subsection (1) of Section 56 (hereinafter referred to collectively as “holder of the subject-matter of the inspection”) shall be notified in advance of the inspection.
(2) Where the advance notice is likely to jeopardize the success of the inspection, the holder of the subject-matter of the inspection shall be informed concerning the inspection at the beginning of the inspection.
(3) Where the provision of information prior to the inspection is likely to jeopardize the outcome of the procedure, the authority shall hand over or send a copy of the inspection report to the holder of the subject-matter of the inspection at the time when it is completed, or immediately thereafter. The information is not required if the inspection can be carried out in the absence of the holder of the subject-matter of the inspection, by way of external survey.
(4) The absence of the holder of the subject-matter of the inspection shall have no bearing on carrying out the inspection. The relevant legislation may prescribe in specific cases that an on-site inspection may be conducted only in the presence of the client, his associate or authorized representative, or failing these in the presence of an official witness.
(5) The client affected may attend the inspection, except where the natural identification data and home address of the holder of the subject-matter of the inspection is handled confidentially.
Section 57/A.
(1) An on-site inspection shall be conducted during the hours when the activity to which the inspection pertains is conducted, in a private residence that is not registered as a business address - unless another time is better suitable for the purposes of the inspection - on regular work days between 8:00 and 20:00 hours. The inspection shall be conducted so as to cause the least amount of disturbance in the work and regular activities of the holder of the subject-matter of the inspection.
(2) In the case of a life-threatening or potentially devastating situation, furthermore, for reasons of public security and public order, or for any other important reasons specified by law the inspection may be carried out without delay.
(3) In the process of carrying out the inspection, the holder of the subject-matter of the inspection can be ordered to produce the subject-matter of the inspection and to admit the client into the premises, of which the owner shall be notified at the same time.
(4) In the course of the inspection the person delegated to conduct the inspection may - without exceeding his jurisdiction - enter any area, building or premises as is required to carry out the inspection, may inspect any document, object and work processes as pertaining to the subject-matter of the inspection, request information from the holder of the subject-matter of the inspection or any other person in the premises inspected, and make video and sound recordings of the site and of the inspected objects and processes, take samples and may collect other evidence.
(5) Where the inspection is carried out through any means of information technology, upon verification of authorization to carry out the inspection, the holder of the subject-matter of the inspection shall provide access for the authority to the information specified by the relevant legislation, also to personal data where authorized by an act, by making available the required technical means and access information.
(6) The holder of the subject-matter of the inspection containing any classified information may not be ordered to present it, if he was not released from the obligation of confidentiality relating to the article in question.
Section 57/B.
(1) In justified cases, if deemed necessary for the successful and safe conduct of the inspection, the authority may ask for police assistance.
(2) If the holder of the subject-matter of the inspection fails to present it for inspection when so instructed by the authority despite being advised of the legal consequences in the case of non-compliance, or unlawfully prevents to have it searched on the premises, the authority may seize the article in question.
(3) Any person who obstructs the inspection in any way shall be subject to an administrative penalty.
(4) If an on-site inspection is deemed necessary in a life-threatening or potentially devastating situation requiring prompt attention, or if it is allowed by law for other reasons of import, the authority shall carry out the inspection by opening a locked area, building or room by force, against the will of the persons present.
(5) Conducting an inspection in the manner specified in Subsection (4) shall be subject to the prior consent of the competent public prosecutor, and shall be carried out with police assistance in the presence of an official witness. If obtaining the prior consent of the public prosecutor is likely to result in undue delay, the inspection may be carried out without the prior consent of the public prosecutor, in which case the inspection report - containing the reason for taking prompt action and the action in detail - shall be sent to the public prosecutor within three working days.
Expert
Section 58.
(1) An expert shall be consulted or an expert opinion shall be obtained if the competent authority does not have sufficient expertise and:
a) if special expertise is required in the case for establishing a material fact or other circumstance; or
b) an expert is prescribed mandatory by the relevant legislation.
(2) No expert may be appointed if the opinion of a special authority is prescribed by an act or government decree for the subject matter in question.
(3) Where a specific expert is prescribed by the relevant legislation, this organization, institution, body or person shall be delegated for such expert services. In other cases the authority shall have the right to appoint a forensic expert authorized to perform the activities specified in the Act on the Activities of Forensic Experts.
(4) Subject to the exceptions set out in the Act on the Activities of Forensic Experts, the expert appointed shall follow the instructions of the authority as laid down in the appointment. The expert appointed may be subject to an administrative penalty and his remuneration may be reduced by one per cent for each day following the deadline if he fails to discharge his duties in due time without requesting an extension or without providing prior notice of being detained.
(5) The client may also make a recommendation as to the person of the expert. At the client’s request - subject to advance payment of the costs involved - the authority may appoint another duly authorized forensic expert in justified cases, either before or after the original expert has presented his opinion. The assessment provided by the expert delegated by the client shall be admissible as evidence also if the authority did not officially appoint the expert in question.
(6) Any person who is subject to the grounds for exclusion applicable to officers in charge, who cannot be heard as a witness or who has the capacity to refuse to testify, may not serve as an expert.
Section 59.
(1) The authority shall furnish to the expert all data and information that may be necessary to discharge his duties. The expert may inspect the documents of the case to the extent required to discharge his duties related to the proceedings, may attend the interview of the client or the witness, may participate in the hearing or the inspection, and may interrogate the client, the witness and the holder of the subject-matter of the inspection.
(2) Where so prescribed by an act, the client may be required to participate in the expert’s examination. The expert shall communicate his findings to the authority.
(3) The expert shall be advised of the legal consequences of providing a false assessment beforehand.
(4) If the expert assessment is lacking clarity or incomplete, if it appears contradictory in itself or relative to the opinion of another expert, or to repudiate certain established facts supported by evidence, or if there is serious doubt as to its authenticity, the expert shall provide the information necessary when so requested by the authority.
(5) Where the different assessments provided for the same subject-matter to be verified contain any difference relating to a specific issue that is beyond clarification by means of testimony of the experts involved, the authority shall appoint another expert to administer an opinion as to the possible reasons for such difference between the assessments, and as to whether any supplement is required for either of the assessments.
(6) If the authority interviews an expert without a hearing, this interview shall be conducted according to the provisions on hearings.
(7) Having regard to matters not regulated in this Section the provisions of the Act on the Activities of Forensic Experts shall apply to experts. Except where otherwise provided for in the relevant legislation, the time limits for expert assessments shall be governed by the provisions pertaining to special authorities.
Interpreter
Section 60.
(1) If the officer in charge does not speak the language of the client or any other party to the proceeding, an interpreter shall be engaged. If the officer in charge is able to speak the foreign language, an interpreter shall be employed to the benefit of other clients and other parties to the proceeding, unless they too speak the given language. This fact shall be recorded in the memorandum.
(2) Where a person with any speech or hearing impairment is involved in administrative proceedings, a sign language interpreter shall be engaged.
(3) The provisions pertaining to experts shall also apply to interpreters.
(4) In the course of regulatory inspections, the authority may engage a person present who is able to speak a foreign language as an interpreter in connection with ascertaining the relevant facts of the case, if there is no other way available. The person engaged as an interpreter shall be advised of the rights and obligations of interpreters, and this shall be recorded in the inspection report together with the statement of the person engaged as an interpreter.
Consequences for Obstruction of the Proceedings
Section 61.
(1) In the cases specified in this Act any breach of obligations within the perpetrator’s control shall be subject to an administrative penalty.
(2) The minimum amount of administrative penalty that may be imposed is five thousand forints for each violation, and the maximum amount shall be - subject to the exception set out in Subsection (1) of Section 141 - five hundred thousand forints for natural persons and one million forints for legal persons and for associations lacking the legal status of a legal person.
(3) The administrative penalty may be imposed repeatedly in the same proceedings, for any repeated conduct of the same infringement or for another infringement.
(4) When imposing the administrative penalty the authority shall take into consideration:
a) the gravity of the infringement and the degree of responsibility;
b) the financial situation and income of the person affected; and
c) the number and extent of previous penalties if the administrative penalty is imposed in the same proceedings.
(5)-(6)
Hearing and Public Hearing
Section 62.
(1) The authority shall hold a hearing if so prescribed by legal regulation, or if it is necessary to provide audience to all parties to the proceeding in order to ascertain the relevant facts of the case or for an attempt to reach a composition.
(2) In the hearing the authority shall interview the client (clients), the witness, the expert, the liaison officer, and may examine the articles of inspection.
(3) The client may present his views in connection with the hearing, ask questions from the persons interviewed, and may request the hearing of other persons or to obtain other evidence.
(4) The hearing may be attended by any person, with the exception of those mentioned in Subsection (2), if not objected by the clients concerned. The authority may decide to hold the hearings in closed sessions and bar the public from any stage of the hearing so as to ensure the protection of privileged data and confidential information.
(5) A person who disturbs the order of the hearing may be called to order by the chair of the hearing, and may be expelled or may have an administrative penalty imposed on him in the case of the repeated or more serious disturbance of the order of the hearing.
Section 63.
(1) The authority shall conduct a public hearing if:
a) so prescribed by the relevant legislation;
b) more than fifty clients participate in the proceedings, or more than five bodies which are treated as clients under Subsection (5) of Section 15; or
c) the authority deems it necessary to learn the opinion of the general public.
(2) The authority shall notify the parties affected concerning the place and time of the public hearing five working days in advance - unless otherwise prescribed by the relevant legislation - by way of a posted notice, and by way of publication.
(3) The authority shall record the events of a public hearing in a memorandum, containing:
a) the name of the authority, the name of the officer assigned, the subject matter of the case and the file number;
b) the place and time where and when the public hearing was held;
c) a summary of the comments made during the public hearing; and
d) the time when the memorandum was drawn up, and the signature of the officer in charge and the signature of the keeper of the memorandum on each page.
(4) The sound recordings, with or without video, made during the public hearing shall contain the information mentioned under Paragraphs a)-b) of Subsection (3). The recording medium containing the sound recordings, with or without video, shall be enclosed with the documents of the case, or a memorandum shall be drawn up before the conclusion of the proceedings with the contents specified in Subsection (3).
Composition
Section 64.
(1) Where so prescribed by law, the authority shall - before making its decision - attempt to mediate a settlement between the parties by way of composition. Settlement by composition may be attempted where it appears feasible due to the nature of the case.
(2) If a settlement is agreed upon the procedure specified in Section 75 shall be applied, otherwise the authority shall continue the proceedings.
Calculation of Time Limit
Section 65.
(1) The time limit shall not include the day of service, delivery, or the day of posting and removal of a notice.
(2) Where a time limit is defined in months and years, it shall expire on the day that corresponds to the starting day based on its number, or if this day is not available in the month when the time limit expires, on the last day of the month.
(3) If the last day of a time limit falls on a day that is declared to be an official holiday, the time limit shall expire on the next working day.
(4) The date of presentation for a petition or request submitted by way of the postal service shall be the date of dispatch, however, the administrative time limit in these cases too shall commence on the day when the petition or request is received by the competent authority.
(5) The date of presentation of electronic documents shall be the date when dispatched, however, the time limit shall commence on the next working day.
(6) Where a right is contingent upon a specific day, it shall take effect at the beginning of that day. The legal consequences relating to any failure of compliance with a time limit and to default shall take effect upon the last day of the time limit.
(7) In the event of doubt the time limit shall be considered observed.
(8) In the absence of any provisions of an act or government decree to the contrary, the duration of any system breakdown shall not comprise in the time limit.
Application for Excuse
Section 66.
(1) Any person who was unable to keep a deadline or time limit in the proceedings for reasons beyond his control may lodge an application for excuse.
(2) The application for continuation shall be adjudged by the authority proceeding at the time of the omission. An application for continuation for failure to observe the deadline for filing an appeal or for filing for legal action shall be adjudged, respectively, by the authority of the firs instance, or by the court of jurisdiction for administrative actions.
(3) If the authority is in conformity with the regulations concerning the notification of clients and the delivery of resolutions, an application for continuation shall not be accepted for missing the deadline for lodging an appeal on the grounds that the notice and/or the resolution was delivered by means other than the postal service. This provision shall also apply to deadlines relating to lodging petitions for judicial review.
(4) The application for continuation shall be submitted within five working days from the time of becoming aware of the default or from the time the obstruction is eliminated, where applicable, but not later than within six months from the last day of the time limit or deadline in question.
(5) In the event that a deadline is missed, the action neglected must be performed simultaneously with submission of the application for excuse, if it is possible.
Section 67.
(1) If the authority accepts the application for continuation, the person who filed the application for continuation shall be treated from a procedural perspective as being in compliance. To this end the authority shall revise or withdraw its decision, and shall continue the proceedings in the event of withdrawal of its decision for terminating the proceedings, or shall repeat certain procedural steps. The restrictions set out in Section 114 shall not apply to the revision or withdrawal of a decision under an application for excuse.
(2)-(4)
Access to Documents of the Proceedings
Section 68.
(1) The client shall be allowed access to the documents of the proceedings any time during the proceedings. This right shall prevail also if the client did not previously participate in the proceedings.
(2) Witnesses shall be allowed to review the report that contains their testimony; the holder of the subject-matter of the inspection shall be allowed to inspect the documents of the inspection.
(3) A third person may be allowed access to documents containing any personal data or privileged information, if able to substantiate that the inspection of the document is necessary for the enforcement of his right, or for the fulfillment of his obligation conferred upon him by the relevant legislation or an official ruling, and if the legal requirements for access to privileged information are satisfied. The right for access to documents for inspection may be exercised subject to a fee specified in the relevant government decree, as well as for rendering personal data and privileged information unrecognizable, and for making copies of extracts of documents produced in this fashion.
(4) The sphere of persons authorized to access documents for inspection according to Subsection (3) may be prescribed by law in connection with certain types of cases.
Section 69.
(1) No access shall be allowed to:
a) the draft of the decision up to the time of binding conclusion of the proceedings;
b) any document that may contain any reference to the identity of the person, whose natural identification data and home address is considered confidential information by order of the authority;
c) any document that contains any classified information without proper clearance for use or inspection;
d) any document containing other privileged information, where such information is prevented by the legislation in which protection is prescribed, or if the lack of knowledge of privileged information will not impair the client in exercising his rights conferred by law.
(2) The client may request the restriction of access to the relevant documents with respect the data expressly specified with a view to protecting his business and other personal interests within reasonable limits. The authority shall approve the request - upon carefully weighing the relevant circumstances of the case - if the lack of knowledge of the data in question will not impair the persons in exercising their rights to inspect the documents in question.
(3) With a view to exercising the right of access to documents for review, the authority shall render personal data and privileged information unrecognizable, as well as the data described in Subsection (2), to which the authorization of the person to inspect documents does not pertain.
(4) The authority shall adopt a ruling for the refusal or restriction of the inspection of documents, which ruling may be appealed independently by the requesting person.
(5) The person duly authorized to exercise the right of inspection of documents shall be allowed to make copies or extracts of these documents, or may request copies. The authority shall certify such copies and extracts upon request.
(6) The person duly authorized to exercise the right of inspection of documents shall be permitted - according to Subsections (1)-(5) - to inspect the documents in the authority’s possession after the final conclusion of the proceedings.
Section 69/A.
(1) Where publicity of a decision is not restricted or excluded by law, upon the conclusion of the proceedings the final resolution, if it does not contain any personal data and privileged information, as well as any ruling for the annulment of the resolution of the first instance and for ordering the authority of the first instance to reopen the case shall be made available to the general public, of which copies may be requested subject to a fee specified in the relevant government decree.
(2) A request for access to a decision referred to in Subsection (1) shall be satisfied by the authority that has adopted the final decision within five working days, after the personal data and privileged information contained in the decision are rendered unrecognizable. Where any reference is made to a natural person in the decision, it shall be consistent with his role in the proceedings, however, if this is not suitable to prevent the identification of the natural person in question, the identification data shall be erased in a manner so as not to prejudice the relevant facts of the case.
(3) Any data that is considered public information may not be rendered unrecognizable in the decision.
(4) Personal data and privileged information may not be rendered unrecognizable if the requesting person is able to substantiate - indicating the data in question - that access to such data is necessary for the enforcement of his right, or for the fulfillment of his obligation conferred upon him by the relevant legislation or an official ruling, and if the legal requirements for access to privileged information are satisfied.
Presentation of Evidence to the Client
Section 70.
(1) If the authority did not notify the client concerning the opening of proceedings, and has conducted an evidence procedure for the case, the client shall be notified within five working days from the conclusion of such procedure so as to inspect the evidence - subject to the regulations governing access to documents for inspection -, to present his views within five working days, to exercise his right to make statements, and to present a request for additional evidence.
(2) The notice shall not be required if the client had the chance to inspect the evidence during the evidence procedure, and had the chance to exercise his rights conferred under Subsection (1), or if the authority complies with the client's request, if there is no adverse party involved.
(3) The client’s failure to exercise their right conferred under Subsection (1) within the deadline prescribed by the authority shall not constitute an obstacle in the conclusion of the proceedings.
Chapter IV
Decisions of the Authority
Resolution and Ruling
Section 71.
(1) Subject to the exceptions set out in Subsections (5) and (6), the authority shall close out cases by way of resolution, and shall deliver rulings in other issues during the process.
(2) Where a request made by a client pertains to the acquisition of some right, and there is no adverse party involved in the first instance, instead of the appointment of another authority or a special authority the relevant legislation may prescribe that:
a) the client shall be considered to have been authorized to exercise the right in question if the authority fails to adopt a decision within the prescribed time limit,
b) the consent of the special authority shall be considered granted if the special authority in question fails to provide an assessment decision within the prescribed time limit.
(3)
(4) In the application of Subsection (2) the acquired right shall be entered upon the application, and on the duplicate copy of the application if requested, or the client shall be supplied a duplicate of the copy held by the authority.
(5) The authority shall avoid to adopt a resolution if the purpose of the proceedings is to increase the amount of cash benefits without deliberation to an extent defined by law, to the beneficiaries specified by law.
(6) The authority shall avoid to adopt a resolution where the exercise of a right afforded by law is conditional only upon the submission of the client’s application therefor. At the client’s request, the authority shall verify that the client is within his rights in exercising the aforementioned statutory right as of the time of submission of the application.
(7) Automated individual decisions, generated by means of information technology, may be adopted in cases specified by an act or government decree, or upon the client’s consent. The signature of the officer vested with powers for issuance and the seal of the authority may be affixed on automated individual decisions electronically if authorized by an act or government decree, and the signature and the seal had been certified by the individual decision of the competent officer.
Section 72.
(1) Save where additional requirements are prescribed by law, the resolutions shall contain:
a) the name of the competent authority, the case number and the name of the officer in charge;
b) the name and home address or registered office of the obligor or obligee, and the identification data the client has supplied in the application;
c) description of the subject matter of the case;
d) in the operative part:
da) the authority’s decision, and information on the form of remedy available, the place and the deadline for filing, and information on the remedy procedure,
db) the name of the special authority involved and the operative part of its assessment,
dc) the decision ordering payment of the duties and fees charged for the proceedings to the client,
dd) the costs of the proceedings as established, unless it is decided by the authority separately,
de) the decision as to covering the costs of the proceedings, unless it is decided by the authority separately,
df) the time limit or deadline for the performance of obligations and the legal consequences for the failure of voluntary performance, including the information relating to any liability for the payment of default interest in the decision establishing the payment obligation, and the amount payable,
dg) information concerning the payment of any payment obligation established in the resolution and the duties or fees on appeal, and the terms and conditions of payments;
e) in the disposition:
ea) the relevant facts of the case and the underlying evidence,
eb) the evidence presented by the client and found inadmissible, and the reason for this finding,
ec) for resolutions adopted under the principle of weighing and deliberation, the criteria and facts employed,
ed) the explanation for the special authority’s assessment,
ee) the last day of the administrative time limit, in connection with non-compliance with the administrative time limit, information as to the cause for non-compliance within the client’s control, or as to the cases of non-compliance with the administrative time limit where Section 33/A applies,
ef) the statutes upon which the authority has adopted the resolution,
eg) reference to the relevant legislation conferring the authority’s powers and competencies;
f) the venue and the time where and when the decision was adopted, the name and title of the competent officer, and the name and title of the issuer, if other than the competent officer;
g) the signature of the issuer of the resolution and the stamp of the authority.
(2) Unless additional requirements are prescribed by law, the ruling shall contain the items listed in Paragraphs a), b), c), da), dc)-dg), f) and g) of Subsection (1), and the detailed reasoning for the decision, including the items contained in Paragraphs ec), ef) and eg) of Subsection (1). The information specified in Paragraph ee) of Subsection (1) is required only in connection with rulings for the termination of the proceedings.
(3) In the operative part of a ruling adopted under Subsection (4) of Section 22 on a provisional measure, the facts and circumstance underlying the necessity and feasibility of the provisional measures shall be indicated, along with the costs incurred, if the authority carrying out the provisional measure wishes to recover its expenses.
(4) If the authority approves the request in its entirety, and if there is no adverse party in the case, a simplified decision may be adopted, for which no justification and information as to remedy is required. No justification is required for simplified decisions adopted for the approval of composition.
(5) Where a ruling contains only the time for carrying out a procedural step it is not necessary to include a justification.
(6) The justification may be forgone if it would delay the decision and such delay may lead to a life-threatening or potentially devastating situation. In this case the justification shall be sent to the client within five working days of the day when the decision was adopted. The time limit for lodging an appeal shall be calculated from the date of delivery of the justification.
Section 73.
(1) A decision shall be permitted to contain privileged information of the type that can be made available to the person to whom the decision is communicated. The decision shall be phrased without revealing the privileged information to which it contains any reference. Furthermore, the decision shall be phrased without making any implication as to the identity of the person, whose natural identification data and home address is considered confidential information.
(2) A decision shall be conveyed in a separate document, fixed in a memorandum, or entered upon the case file. A decision shall be fixed in a separate document if it is delivered by service of process or by way of electronic means, or if the client requests delivery of a decision that was originally conveyed orally.
(3) A resolution and a ruling, and several resolutions and rulings may be merged into a single document. The operative parts and dispositions of decisions merged into a single document shall be conveyed separately. The merger of decisions shall have no bearing on the deadlines prescribed for the various decisions, nor on the enforcement of remedies. Where an appeal is lodged against a merged resolution or ruling, the provisions pertaining to remedies available in connection with resolutions shall apply.
(4) The decision fixed in a memorandum or entered upon the case file shall not contain the information specified in Paragraphs a) and f) of Subsection (1) of Section 72, if they are shown on the document.
(5) The authority may be required by law to issue its decisions in a prearranged format and in compliance with the content requirements laid down by the relevant legislation.
Section 74.
(1) If the type of obligation allows for it, the authority may authorize performance by installments.
(2) If the debtor is able to verify that the lack of performance within the time limit is due to reasons beyond his control, or that it would impose an unreasonably heavy burden upon him, at the debtor’s request submitted before the due date, the authority of the first instance may authorize deferred payment or installment payment (hereinafter referred to collectively as “payment facilities”) for compliance. The provisions on payment facilities shall also apply to obligations for carrying out a specific act and pertaining to the surrender of a specific movable property.
(3) After the expiry of the deadline the client may submit an application for continuation and for payment facilities for the reason explained in Subsection (2), provided that enforcement has not yet been ordered. If the authority refuses the application for continuation and the application for payment facilities, a decision shall be issued simultaneously ordering the enforcement.
(4) The authority shall hear the opinion of the adverse party and of the creditor relating to the authorization of payment facilities.
(5) An act or government decree, and in administrative actions of local authorities a local government decree may contain provisions relating to payment facilities which are more lenient than what is contained in Subsections (2)-(4), or may provide for the reduction or remission of payment liabilities with the conditions duly specified.
Approval of Settlement by Composition
Section 75.
(1) If a settlement is reached in the proceedings of the authorities, the authority shall fix the settlement in a resolution and shall approve it, provided that:
a) it complies with the requirements set out in the relevant legislation;
b) it is not against public interest, or the rights or lawful interests of others; furthermore
c) it covers the deadline for performance and the costs of the proceedings.
(2) At the request of either of the parties to the settlement, the authority shall withdraw the resolution for approval and shall carry out the proceedings. Withdrawal shall take place inside a period of one year from the operative date of the resolution for approval.
Administrative Agreement
Section 76.
(1) If permitted by legal regulation, the authority of the first instance may enter into an administrative agreement with the client, in lieu of passing a resolution, with a view to a settlement in cases within its competence that is best suitable for the public and for the client alike.
(2) Administrative agreements must be fixed in writing. Additional conditions may be laid down by an act, government decree or local government regulation.
(3) If the client undertakes a commitment for which he cannot otherwise be compelled by way of official decision, an agreement may be concluded only if the client agrees in the administrative agreement to abide by the legal consequences stipulated in Subsection (2) of Section 77 for breach of contract with respect to the extra commitment for the event of his breach of the agreement.
(4) If the opinion of a special authority is required in an administrative action, the agreement may be concluded only in possession of the special authority's consent and if the requirements and conditions specified in the special authority's opinion are installed into the agreement.
(5) If the agreement affects the rights or lawful interest of any third person, the prior written consent of this person shall also be obtained. Without this consent the agreement shall not be considered valid.
(6) The consent of the contracting authority's supervisory organ may also be required by legal regulation for the validity of the agreement. This consent shall be obtained by the competent authority.
(7) The administrative time limit referred to in Section 33 shall also apply to the conclusion of an administrative action by way of an agreement.
Section 77.
(1) The amendment of the resolution may be requested by either party if any new circumstance that is deemed significant for the purposes of the case arises or if the conditions existing at the time of signature of the agreement have changed significantly. If the other party does not approve the amendment, or if there is disagreement between the parties as regards the legal background of the amendment, the court of jurisdiction for administrative actions may be requested to amend or terminate the agreement.
(2) If the client breaches the conditions laid down in the agreement, the agreement will be construed as a final and enforceable resolution, and the authority shall ex officio take measures toward enforcement, taking into consideration previous performances.
(3) If the authority fails to fulfill the administrative agreement as agreed and fails to comply with the client's notice requiring performance, the client may seek remedy at the court of jurisdiction for administrative actions within thirty days following the day of gaining knowledge of the authority's breach of the agreement.
(4) In matters not regulated in this Act regarding administrative agreements the general provisions of the Civil Code pertaining to contracts shall be applied.
Delivery and Publication of Decisions
Section 78.
(1) Resolutions shall be delivered to the client and to all persons upon whom it confers any rights or obligations, also to the special authorities involved in the case and to other authorities or government bodies specified by the relevant legislation.
(2) Rulings shall be delivered to the client and to the other parties upon whom it confers any rights or obligations.
(3) Where according to the relevant legislation the decision has to be entered upon the case file only, it shall not be delivered to the persons mentioned in Subsections (1) and (2). In such cases the authority shall provide a copy of the decision upon request, free of any duties or charges.
(4) The authority may deliver its decisions by way of the means specified in Subsection (1) of Section 28/A.
(5) The authority shall deliver its decisions via the postal service, in the form of an official document. Resolutions and rulings that can be appealed independently may not be communicated by way of fax, unless it was so requested by the rightful recipient (person or body) in advance, or if they consented in advance.
(6) If not excluded by the relevant legislation, the decision may be conveyed orally to the person referred to in Subsection (1) and (2). Having delivered the decision in this fashion, and the date shall be entered on the document and signed by the client. At the request of the person referred to in Subsections (1) and (2), the decision delivered orally shall be sent in writing within five working days.
(7) If the authority delivered its decision by way of electronic means, and the person referred to in Subsection (1) and (2) fails to acknowledge receipt of a document within five working days, the authority shall use another form of written communication to deliver the decisions. In these cases decision shall be considered served on the day when delivered for the second time. An act may prescribe provisions in derogation from this Act having regard to the delivery of decisions by way of electronic means.
(8) If the person referred to in Subsection (1) and (2) has supplied his contact information for receiving short text messages, telephone number and electronic mail address, the authority shall send a notice by way of short text message, by telephone or by electronic mail when having adopted a decision, indicating that the a copy of the decision may be collected within three working days at the authority’s office during normal business hours. Having collected the decision in person and the date shall be entered on the document and signed by the receiving person. If the person referred to in Subsection (1) and (2) fails to collect the decision within the deadline, the authority shall forthwith take measures to have it delivered in writing.
(9) Where in a life-threatening or potentially devastating situation, or pursuant to the relevant legislation the authority delivers the decisions by means other than what is described in this Act, the decision shall be delivered within five working days in writing as well. In these cases, the decision shall be considered served on the day when delivered for the second time.
(10) A decision shall be considered served on the day when delivered, orally or in writing, or by way of the means specified in Subsection (8). A decision delivered by way of a posted notice shall be considered served on the fifteenth day following the day of posting.
Section 79.
(1) Where delivery via the postal service fails because the addressee or his representative has declared to refuse to accept the consignment, the document shall be considered served on the day of attempted delivery.
(2) If the document is returned to the authority marked "unclaimed", the document shall be considered served on the fifth working day following the day of the second attempted postal delivery, unless proven to the contrary.
(3) Concerning the delivery of an official decision, the authority shall send notice to the client within five working days, together with the official document in proof that the document shall be the treated as served under Subsection (2).
(4) The consignee may file a petition to rebut a presumption of service within ten working days from the date of service, or within six months from the date of service beyond which no further appeal may be lodged. If a procedure for enforcement is instituted on the strength of a resolution that has been presumed served upon the respondent, a petition to rebut the presumption of service may be filed within ten working days from the time of learning of the procedure for enforcement, irrespective of the six-month period running from the date of service.
(5) A consignee other than a natural person may file a petition to rebut a presumption of service only if the process has been served in violation of the relevant statutory provisions. A natural person may file a petition to rebut a presumption of service if he was unable to accept the official document through no fault of his own.
(6) The petition shall contain the facts and other evidence to demonstrate the alleged infringement in the service of process or to demonstrate that the taxpayer is not at fault. If the authority approves the petition the provisions of Section 67 shall apply.
(7) The petition shall be lodged with the authority from which the document presumed served originates.
(8) The provisions contained in this Section shall also apply where delivery is effected by an official process server.
Section 80.
(1) Unless otherwise prescribed by law, a document may be served by way of posted notice if:
a) the client’s home address or registered office is unknown, or the postal consignment is returned marked as no forwarding address is available for the addressee, and contacting the authority for personal data and address registration or another government body did not produce results;
b) the successor is unknown;
c) the client did not indicate an agent for service of process; or
d) other means of communication apart from posted notice cannot be applied due to insurmountable obstacles, or if applying them appear to offer no results.
(2) The posted notice shall contain:
a) the date of posting;
b) the name of the competent authority;
c) the case number and the object of the proceedings;
d) the name and last known address or registered office of the client; and
e) a notice indicating that the authority has adopted a decision and that it was unable to deliver it, therefore, it is available for the client or his authorized representative to collect at the authority.
(3) A document may be served by way of a posted notice to clients living in the impact area and the organizations treated as clients under Subsection (5) of Section 15, including if the clients affected and the boundaries of the impact area cannot be accurately defined. In such cases - unless an act or government decree provides otherwise - the posted notice shall contain:
a) the date of posting;
b) the name of the competent authority;
c) the case number and the object of the proceedings;
d) the name (corporate name) of the requesting client;
e) the impact area depending on the nature of the case;
f) a notice indicating that the authority has adopted a decision and that it is available for review at the authority; furthermore
g) information on the form of remedy available and the deadline for filing.
(4) The notice shall be posted on the bulletin board of the authority, and also on the bulletin board of the local government of jurisdiction by reference to the client’s home address, to the place where the property to which the proceedings pertain is located or where the activity is carried out or where the infringement was committed, and of the local government situated in the impact area, and shall be displayed on the central electronic services network and also on the authority’s website for providing information electronically, and may be published in the official publication of the local government - or failing this in the local newspaper -, and in the authority’s official journal. If the authority is acting under designated competence, the notice shall be posted by the authority vested with powers and competencies, and also by the designated authority.
(5) The decision shall be posted and displayed on the website for providing information electronically on the same day. In the event of substituted service of process the date of posting and removal of the notice shall be indicated on the document, and the time of display on the website shall be properly documented in a retrievable fashion.
(6) Where the conditions for substituted service of process by way of a posted notice no longer exist, the authority shall take prompt measures to have the notice removed, and shall contact the client according to the general provisions on communications.
Section 80/A.
(1) The authority shall make available to the general public the final resolution and those declared enforceable irrespective of any appeal:
a) pertaining to the activities of state or local public authorities and agencies and other bodies attending to the public duties specified by law;
b) that may be contested on behalf of the public;
c) adopted in cases where the owners and legitimate users - registered in the real estate register - of real estate properties which are located inside the impact area are treated as clients by virtue of the relevant legislation;
d) adopted in cases where more than fifty clients participate in the proceedings, or more than five bodies which are treated as clients under Subsection (5) of Section 15;
e) adopted in connection with the distribution and use of natural resources of limited availability;
f) adopted in cases where the client was granted some exclusive or special right;
g) adopted with a view to preventing any life-threatening or potentially devastating situation effecting a large number of people or that is likely to strike in a place that cannot be accurately defined, or to mitigate any detrimental consequences of such situations;
h) adopted for reasons of public security and public order;
i) adopted in connection with the regulatory inspection of the business activities of legal persons, business associations lacking the legal status of a legal person and private entrepreneurs; or
j) which are to be published as prescribed by law.
(2) The authority shall convey its resolution by substituted service of process, where an excerpt of the operative part and the disposition or an excerpt of the disposition of the resolution may be published in the notice. Unless otherwise prescribed by law, the authority shall render the personal data unrecognizable according to Subsection (2) of Section 69/A.
Section 81.
(1) At the time of establishing contact, the client shall designate an agent for service of process, with the relevant power of attorney attached, if:
a) he does not have a home address or registered office in Hungary;
b) he did not officially appoint a representative; and
c) electronic communication is not permitted.
(2) The responsibilities of the agent for service of process shall include to collect on behalf of the client decisions and documents addressed to the client, and to deliver them to the client; and shall carry out these activities subject to civil liability vis-ŕ-vis the client. Where a decision addressed to the client has been served upon the agent in due process, it shall be considered delivered to the client on the fifth working day following the time when served upon the agent for service of process.
(3) Where a decision is to be delivered by way of substituted service of process under Paragraphs a)-c) of Subsection (1) of Section 80, and the decision confers an obligation upon the client, or it restricts or denies any fundamental right of the client, an administrator for service of process may be appointed to attempt to deliver the resolution. The administrator for service of process shall take measures to establish the client’s whereabouts and to serve the resolution upon him.
(4) If the administrator for service of process failed to deliver the document, the decision shall be considered served on the day when the administrator for service of process notifies the authority of appointment of the failure of his procedure, or on the tenth working day following the date of appointment.
(5) If having succeeded to deliver the document, the administrator for service of process shall notify the authority of the appointment concerning the day of delivery and the place where the client resides.
Correction and Supplementing of Decisions
Section 81/A.
(1) Where a decision contains any typing error with respect to a name, number or other data, or a calculation error, the authority shall correct it upon request or ex officio - after consulting with the client if necessary, if it has no effect on the merits of the case or on procedural costs, or on the bearing of costs.
(2) The authority shall effect the correction:
a) on the original copy of the decision and on all duplicates thereof, if available,
b) by withdrawing the erroneous decision and issuing a replacement one, or
c) by issuing a remedial decision.
(3) The correction may not be appealed or contested.
Section 81/B.
(1) Where a decision is devoid of any compulsory content element prescribed by the relevant legislation, if it fails to address any matter of substance, the authority shall supplement its decision.
(2) A decision may not be supplemented:
a) after one year following the operative date of the decision, or
b) if it would compromise any right that was acquired and exercised in good faith.
(3) The authority shall install the addendum:
a) by way of an independent auxiliary decision, which shall be noted - if possible - on the original copy of the decision and on all duplicates thereof, or
b) by withdrawing the erroneous decision and issuing a replacement one that contains the original decision and the auxiliary decision in a codified version.
(4) A auxiliary decision is subject to the same remedy procedure as the original decision.
Chapter V
Official Instruments, Certificates and Records and Registers
Common Provisions
Section 82.
(1) The provisions of this Act shall apply to the proceedings relating to official instruments, certificates, records and registers subject to the exceptions set out in this Chapter. Having regard to official records and registers, the provisions of this Act shall apply unless an act, government decree or - in administrative actions of local authorities - a local government decree provides otherwise.
(2) Any instrument the authority has issued to verify a fact, data, entitlement or status, any other form of verification of these, and any entry into the official records and registers shall be construed as resolutions.
(3) The authority shall convey its refusal to issue an official instrument or official certificate, or to make an entry into the official records and registers in a resolution.
(4) The data to be contained in an official instrument, official certificate or in an entry into the official records and registers and the procedure for issue (entry) shall be defined in the legal regulation introducing the official certificate, instrument, or the official records and registers in question.
(5) In proceedings relating to official instruments, certificates, records and registers the client need not be notified concerning the opening of proceedings.
Official Instruments
Section 83.
(1) At the client’s request, the authority shall issue official instruments for the verification of a fact, status or some other data. Under special circumstances an act may authorize the authority to provide a copy, in the stead of an official instrument, of the document in support of the data entered into the official records and registers.
(2) Official instruments may be issued by the authorities referred to in Section 21, and also by the authority:
a) in whose area of jurisdiction the fact to be verified occurred, or the status prevailed or was terminated;
b) in whose area of jurisdiction there is a thing that may be linked to evidence, or there was a thing during the period to which the evidence pertains;
c) whose records contain the data in question.
(3) Unless otherwise prescribed by legal regulation, the official instrument shall be issued within five working days from the date of the application therefore, or the document submitted by the client shall have a seal of approval affixed. Unless otherwise prescribed by legal regulation, the official instrument shall contain an indication as to whom it was issued and the supporting evidence. The requirements set out in Paragraphs a) and f) of Subsection (1) of Section 72 shall also apply to official instruments.
(4) The contents of official instruments shall be accepted by all, unless proven to the contrary.
(5) The adverse party may not lodge an appeal against an official instrument, however, he may present evidence in the proceedings for which the official instrument was issued to the extent that the information contained in the official instrument is untrue.
(6) If the authority or other body conducting the proceedings where the client used his official instrument finds that the information contained in the official instrument is untrue, it shall notify the authority that has issued the official instrument in question concerning its finding and shall furnish the evidence in support.
(7) If the authority having issued the official instrument determines following receipt of the notice referred to in Subsection (6) or under other circumstances that the information contained in the official instrument is untrue, it shall correct, withdraw or amend the official instrument in question. This resolution shall be sent to any authority or body where there is suspicion that the client used or attempted to use the official instrument in question in front of this authority.
(8) The authority shall refuse to issue an official instrument if it constitutes any violation of the law, or if the client requests verification of any data, fact or circumstance that is untrue, or in connection with which the authority has no information available.
Section 84.
Official Certificates
Section 85.
(1) The authority - in cases specified in an act, government decree or local government regulation - shall issue an official certificate for the permanent verification of the data or rights of the client.
(2) Entries into an official certificate shall be made only in the form specified by legal regulation and by the authorities vested with powers for this purpose under legal regulation.
(3) The official certificate shall be accepted by all for verification of the data and rights entered, and the client may not be compelled to supply additional evidence for such data and rights. The provisions of Subsections (5)-(7) of Section 83 shall apply to the procedure for providing proof to the contrary.
(4) If an authority or official person duly authorized to check the official certificate determines that the official certificate or the data it contains is false or untrue, the official certificates shall be confiscated for further procedures against a receipt issued.
Official Records and Registers
Section 86.
(1) The authority shall keep the data specified by law in official records and registers.
(2) Except where otherwise provided for in the relevant legislation, having regard to entries made ex officio into the official records and registers without deliberation, the provisions of Sections 71-73 and Section 78 pertaining to resolutions shall not apply, and the decision shall become effective on the day of entry.
(3) The authority maintaining the registers shall ex officio remove any entry from the register that is found unlawful, and shall - similarly - correct errors and subsequently make any previously overlooked entries.
(4) Except where otherwise provided for in the relevant legislation, the time limit for lodging an appeal shall commence at the time of the client becoming aware of the entry of an unlawful or erroneous data, or of the omission.
(5) Unless otherwise prescribed by the relevant legislation, clients may request certified true copies or extracts from the records subject to payment of duties or fees.
Chapter VI
Regulatory Inspection
Section 87.
The provisions of this Act shall apply to regulatory inspections subject to the exceptions set out in this Chapter.
Section 88.
(1) The authority - within the confines of its jurisdiction - shall monitor compliance with the provisions of legal regulations, and the implementation of decisions that may be executed.
(2) In the course of a regulatory inspection the authority shall have powers to request the client to supply data specified by legal regulation, or by an act in terms of personal data, and to present documents, and may make other inquiries and conduct site inspections. Legal regulation may prescribe periodic or regular data disclosure obligations and routine site inspections as well.
(3) If permitted by legal regulation, site inspections may be conducted by way of remote data transmission from the monitoring system installed at the site or at the authority's official records and registers, or built into the process.
(4) In connection with the implementation of in-site inspections and the notification of clients in that context, and in the event of any obstruction of the on-site inspection the provisions of this Act pertaining to inspections shall apply, with the exception that the provisions pertaining to the holder of the subject-matter of the inspection shall apply to the client.
Section 89-91.
Section 92.
(1)-(2)
(3) The authority shall record the events and findings of the on-site inspection, any statements of the client and seizures in a report.
(4) The authority shall hand over a copy of the report to the client at the site, or shall send it within five working days of the date of conclusion of the inspection.
(5) Where the authority finds no infringement during the on-site inspection, an official transcript shall suffice in place of a report, a copy of which shall be provided to the client - upon request - immediately, or shall be sent to the client within five working days of the time of completion of the inspection.
(6) Where an act so provides that a regulatory inspection can be carried out at the client’s request, the authority shall send a copy of the report or official transcript made on the inspection to the client upon completion of the inspection.
Section 93.
Section 94.
(1) If the authority reaches the conclusion upon the regulatory inspection that the client has violated any provisions of the relevant legislation or its resolution:
a) and the infringement of the provisions of the relevant legislation or the authority’s resolution can be remedied - without new proceedings - by abolishing the unlawful conduct or by restoring operations within the framework of the law, the authority shall apprise the client of the infringement and shall adopt a ruling to order the client to cease such actions within the prescribed time limit of not less than fifteen working days, or suffer the legal implications indicated;
b) if the required result was not achieved inside the new time limit referred to in Paragraph a), or if Paragraph a) cannot be applied, the authority shall ex officio open the proceedings conferred under its competence;
c) if Paragraph a) and Paragraph b) cannot be applied for the authority lacking competence or jurisdiction concerning the infringement in question, the authority shall contact the authority vested with powers to take the measures necessary, or shall bring disciplinary, misdemeanor, criminal or civil charges or request other proceedings.
(2) Paragraph a) of Subsection (1) may not be applied in connection with any infringement of the statutory provision under Paragraph b) of Subsection (2) of Section 13, or the statutory provision laying down the obligation of data disclosure or notification as established by the proceedings under Paragraph d) or e) of Subsection (2) of Section 13, and if:
a) the case is handled by an autonom government body;
b) precluded by the relevant legislation - showing the infringement and the statutory provision underlying the sanction applicable - for the infringement of the law or the authority’s resolution, or the time limit provided under Paragraph a) of Subsection (1) represents a direct threat to or is likely to jeopardize human life, bodily integrity, property, the safety of transportation systems, the environment or the sustainable balance of nature, compliance with the obligation of contribution to public revenues or the fundamental right of any third person;
c) the authority has already imposed any sanction upon the same client inside a period of one year if the required result was not achieved inside the new time limit referred to in Paragraph a) of Subsection (1); or
d) the authority has taken the course referred to in Paragraph a) of Subsection (1) inside a period of one year vis-à-vis the same client concerning the infringement of the same statutory provision or resolution.
(3) The authority shall keep records on the processes set out in Subsections (1) and (2) for reasons of monitoring, that is to contain:
a) the client’s name;
b) the client’s means of verification that the authority is authorized to process on the strength of law, or failing this the client’s natural identification data, if a natural person;
c) the notice dispatched due to the infringement of the provisions of the relevant legislation or the authority’s resolution, showing the statutory provision or the resolution infringed upon, as well as the time of delivery of the ruling containing the notice; and
d) an indication if the ruling containing the notice failed to produce the result required, and the effective date of the resolution containing the sanction imposed in consequence.
(4) The authority shall be authorized to process the data referred to in Subsection (3) for a period of one year from the time they were first recorded.
(5) The authority requested according to Paragraph c) of Subsection (1) shall examine the request on the merits - in accordance with Subsection (1) for administrative authorities -, and shall inform the requesting authority within twenty-two working days concerning the measures it has taken or of the reasons for not taking any measures.
Chapter VII
Remedies and Review Procedures
Section 95.
The provisions of this Act shall apply to redress procedures and review procedures subject to the exceptions set out in this Chapter.
Section 96.
Resolutions of the authorities may be appealed independently. A ruling of an authority may be appealed independently if permitted by law, in other cases the right to pursue remedies against rulings may be exercised within the framework of remedies available against resolutions, or failing this against rulings for the termination of the proceedings.
Section 97.
(1) A redress procedure shall be launched upon request, whereas procedures for the review of decisions are opened ex officio.
(2) Redress procedures available upon request are:
a) appeal procedures,
b) judicial review,
c) reopening procedure,
d)
(3) Administrative decisions are reviewed ex officio:
a) by the authority that has adopted the decision under its own discretion,
b) within the framework of an oversight proceeding,
c) by order of the Court of Constitution,
d) upon actions by the prosecution.
(4)
(5) In the proceeding referred to in Paragraph b) of Subsection (2) of Section 12 the provisions of Sections 112 and Paragraph a) of Subsection (1) of Section 115 may not be applied.
A) Redress procedure available upon request
Appeal
Section 98.
(1) The client may appeal any resolution in the first instance. The right to appeal is not bound to specific titles, an appeal may be made for any reason that the person affected deems unjust.
(2) Subject to the exceptions set out in Subsections (3) and (4), a ruling may be contested only in an appeal filed against the respective resolution, or failing this against rulings for the termination of the proceedings. An independent appeal may be permitted by law in other cases as well.
(3) An independent appeal may be lodged against a ruling of the first instance:
a) for provisional protective measures;
b) for rejecting a petition without substantive examination;
c) for the termination of proceedings;
d) for the suspension of proceedings;
e) for the payment obligation referred to in Section 33/A;
f) for the approval of a request for the confidential treatment of natural identification data and home address;
g) for imposing an administrative penalty;
h) for the refusal of an application for continuation for failure to observe the deadline for filing an appeal;
i) for limiting the right of access to documents for review; and
j) relating to payment facilities, for determining and for the bearing of procedural costs, for the refusal of applications for exemption from costs, and the ruling for the amendment or withdrawal exemption from costs.
(4) Other parties to the proceeding may also lodge an independent appeal against any provisions of the resolution in the first instance that pertain to him, or against a ruling in the first instance pertaining to him.
(5) The provisions of Subsections (2)-(4) shall apply to appeals lodged against the ruling of the first instance adopted by the authority of the second instance.
Section 99.
(1) Unless otherwise prescribed by an act or government decree, an appeal shall be lodged within ten working days following the date of delivery of the decision.
(2) The person entitled to appeal may waive his right to do so orally or in writing within the time limit in which an appeal must be filed. If presented orally, the waiver shall be fixed in a memorandum. The waiver of the right to appeal may not be withdrawn.
Section 100.
(1) No appeal may be lodged:
a) in the cases where excluded by an act;
b) against a resolution adopted in approval of settlement between the clients;
c) having regard to entries of any data, fact or right made ex officio into the official records and registers without deliberation, except where otherwise provided for in the relevant legislation;
d) against any decision of the first instance adopted by a minister, or by the head of an autonomous government body or other similar government agency;
e) against any decision of the first instance adopted by the head of a central government body, unless an act or government decree provides otherwise.
(2) In the cases mentioned in Paragraphs a), c)-e) of Subsection (1) the decision of the first instance may be subject to judicial review.
Section 101.
(1) The right conferred in the decision appealed may not be exercised and the appeal shall have a suspensory effect in terms of the implementation of the decision, except if the authority has declared the decision enforceable abolishing the suspensory effect of the appeal.
(2) The provisions of the resolution shall be carried out irrespective of any appeal if it prescribes a one-time or regular payment of money to the benefit of the client, cash benefits - including benefits in kind that can be expressed in a cash equivalent -, and the appeal the client has lodged pertains to any extra claim in addition to the amount granted.
(3) A decision may be declared enforceable irrespective of any appeal if:
a) it is necessary to prevent any life- threatening or potentially devastating situation or to mitigate any detrimental consequences;
b) it is necessary for reasons of national security, public safety and public order;
c) any delay is likely to cause irreparable harm;
d) the resolution provides for the support or maintenance of any person;
e) it is permitted by law in connection with food supply chain supervisory functions, and for national defense, national security, public health, disease control, employment, occupational safety, consumer protection considerations, for the protection of cultural heritage, for reasons of environmental protection and nature preservation, or for the purposes of development of public transportation infrastructure or the continuous and undisturbed supply of energy; or
f) prompt entry into the relevant official records and registers is prescribed by law.
(4) Where a decision is to be declared enforceable irrespective of any appeal it shall be expressed specifically, including reasoning, furthermore, the enforcement and the procedure shall be specified in the decision. If such decision contains a deadline for performance, enforcement may be ordered only after non-compliance with this deadline.
(5) An appeal filed against a ruling for a provisional protective measure, for ordering the confidential treatment of natural identification data and home address, or for the approval of a petition for the limitation of access to documents shall have no suspensory effect.
(6) An appeal filed against a decision for determining and for the bearing of procedural costs shall have no suspensory effect concerning the other provisions to which the appeal does not pertain.
Section 102.
(1) The appeal shall be submitted at the authority that adopted the decision contested. The appeal may not be refused on the grounds of delay, if the persons entitled to appeal files the appeal inside the deadline for appeal at the authority vested with powers to adjudge the appeal.
(2) New facts and evidence may also be presented in the appeal.
(3) An appeal that is lodged beyond the deadline or that is filed by a person without proper eligibility, and an appeal lodged against a ruling that cannot be contested by an separate appeal shall be refused by the authority of the first instance without substantive examination. Where a client submits a petition for cost exemption in the appellate proceedings together with the appeal, it shall be adjudged by the authority of the first instance.
(4) The appeal shall be introduced to the authority of appellate jurisdiction with all documents attached within five working days following the deadline for appeal, unless the authority has withdrawn or supplemented the appealed decision or made the requested amendment or correction, or if denies the appeal without substantive examination. If the client lodged an application for continuation for failure to observe the deadline for filing an appeal, the appeal shall be introduced with all documents attached within five working days of the operative date of the decision allowing for such continuation to the authority of appellate jurisdiction. In the process of introducing the appeal the authority of the first instance shall make known its position on the appeal.
(5) The authority of the first instance shall convey the appeal to the special authority. The special authority shall have until the introduction of the documents as per Subsection (4) to revise, supplement or amend its assessment. The special authority may also make know its position on the appeal. If the special authority fails to make know its opinion in due time, it shall be considered to have maintained its original assessment.
(6) The authority of the first instance, after having introduced the relevant documents, shall inform the clients who did not appeal, that the decision has been appealed, hence it is not yet enforceable, and shall indicate the name of the appellate authority.
(7) If the appeal is filed at the authority of appellate jurisdiction, the authority of appellate jurisdiction shall send it to the authority of the first instance, which shall follow the procedure described under Subsections (4)-(6), with the exception that the appeal shall be forwarded with all documents attached within five working days of the time of receipt of the appeal to the authority of appellate jurisdiction.
Amendment or Withdrawal of Decisions as Appealed
Section 103.
(1) The authority, if it finds following an appeal that its decision is unlawful, shall amend or withdraw the decision in question.
(2) Where a decision of an authority has been appealed and it was found lawful, the authority may withdraw its decision nonetheless, or amend it as requested by the client in the appeal if in agreement with the reasons stated in the appeal, and if there is no adverse party involved in the case.
(3) The special authority, if it finds following an appeal that its assessment is unlawful, shall have the right to amend the assessment in question.
(4) Where an assessment of a special authority has been appealed and it was found lawful, the special authority may amend its assessment nonetheless as requested in the appeal, if in agreement with the reasons stated therein, and if there is no adverse party involved in the case.
(5) If the special authority has amended its assessment according to Subsections (3) and (4) the authority shall revise its decision accordingly.
(6) The decision on the appeal shall be delivered to the party filing the appeal, and to all other persons to whom the contested decision was delivered.
(7) The decisions on withdrawal or amendment may be appealed the same as the withdrawn or amended decision.
Appeal Procedures
Section 104.
(1) Where the decision of the authority is not amended or withdrawn according to the appeal as described in Section 103, the appeal shall be adjudged by the authority vested with powers to do so.
(2) The authority of the second instance shall obtain the special authority’s assessment of the second instance. If a special authority is not designated by an act or government decree, the authority shall have powers to adjudged the part of the appeal pertaining to the special authority’s assessment.
(3) The authority of the second instance shall examine the contested decision and the proceedings preceding it; in this examination the authority shall not be bound to what is contained in the appeal.
(4) The authority of the second instance shall terminate the appeal proceedings if all appeals have been withdrawn.
Section 105.
(1) The authority of the second instance shall either sustain, reverse, or annul the decision. In the cases defined by law the authority of the second instance may not establish an obligation more severe than what has been adopted in the decision in the first instance under the right of deliberation. The authority of the second instance shall have powers, regardless of whether it is stated in the appeal or not, to prescribe a new deadline in the appellate procedure, where it is deemed justified on account of the appellate procedure.
(2) The authority of the second instance may annul the decision and order the authority of the first instance to reopen the case if the available data and information is insufficient to adopt a decision in the second instance, when new facts are brought to its notice or if further evidence is required to ascertain the relevant facts of a case, or shall proceed to obtain additional evidence on its own accord, and shall adopt a decision accordingly.
(3) The authority of the second instance, if it concludes that other clients are to be involved in the case, shall annual the decision in the first instance by way of a ruling and shall order the authority of the first instance to reopen the case.
(4) In the new proceedings the authority of the first instance shall be bound by the operative part and by the justification of the resolution of the second instance.
(5) The authority of the second instance shall deliver the decision adopted in the appeal procedure to the person who filed the appeal and to all other persons to whom the decision of the first instance was delivered, through the authority of the first instance.
(6)
(7) The authority of the second instance shall return the documents it has received in connection with the appeal after the decision is adopted to the body of the first instance, together with the decision, and this authority shall take action to have the decision delivered.
Authority Vested with Powers to Judge Appeals
Section 106.
(1) In the administrative actions where the decision can be appealed on the strength of law:
a) the authority of the first instance and the authority of appellate jurisdiction cannot be one and the same body;
b) the authority of appellate jurisdiction and its director shall not be able to instruct the head or any officer of the authority of the first instance - except for the discharge of certain functions or to make amends relating to some discrepancy - in spite of otherwise having jurisdiction to do so.
(2) In the application of Paragraph a) of Subsection (1), ‘body’ means, in particular, the central, regional and local branches of the central government body, irrespective of whether it has legal personality or not.
(3) Unless otherwise provided for in an act or government decree, an appeal lodged against a decision of the authority shall be adjudged by the person or body exercising control, supervisory powers and professional oversight, and vested with jurisdiction to annul the authority’s decisions, or to order it to reopen the case where necessary.
(4) Where an act or government decree empowers a body or person established for reasons other than to carry out regulatory functions to exercise administrative competence, and their decisions can be appealed, the act or government decree in question shall designate the authority of appellate jurisdiction. Failing this the public administration body of the Government of regional jurisdiction shall have powers to adjudge the appeals.
Section 107.
(1) Appeals lodged against decisions under delegated powers in administrative actions of local authorities, including the decisions of mayors adopted on the strength of law under their own authority on behalf of the local government, shall fall within the competence of the council of representatives.
(2) Unless otherwise provided for in an act or government decree, the public administration body of the Government of regional jurisdiction shall be entitled to adjudge appeals filed against decisions adopted in the first instance in administrative actions to which Subsection (1) does not apply by the mayor or the authority referred to in Paragraph d) of Subsection (3) of Section 12.
(3) Appeals against decisions adopted in cases conferred under the competence of public bodies shall be adjudged by the organ specified by law, or if no such organ is available, the decision adopted by the body of the first instance shall be subject to judicial review according to Section 109.
Section 108.
Judicial Review
Section 109.
(1) The client, or any other party to the proceeding concerning provisions expressly pertaining to him, may request the court vested with competence to act in administrative matters to review the final resolution adopted by the authority within thirty days following the date of delivery of the resolution, on the grounds of illegal conduct, by filing charges against the authority adopting the resolution. The deadline for filing charges may be prescribed otherwise by law.
(2) Where a ruling can be appealed independently by virtue of law, the client or any other party to the proceeding concerning provisions expressly pertaining to them, may request the judicial review of the final ruling on the grounds of illegal conduct within thirty days of the time of delivery of the ruling. The ruling in the first instance may be contested within thirty days of the time of delivery of the ruling before the court of competence in administrative matters if it was adopted by a minister, the head of an autonomous government body or other similar government agency or - unless otherwise prescribed by act or government decree - the head of a central government body, or if no appeal is permitted by law against the resolution of the first instance in the case in question, and it allows for the judicial review of the resolution. The court of competence in administrative matters shall review the ruling in a non-judicial proceeding.
(3) Judicial review may be conducted only if either of the persons entitled to appeal has exhausted the right of appeal in the proceedings of the authorities, or if appeal is not allowed according to the relevant legislation.
(4) Where a petition for judicial review is lodged, the authority of the first instance shall introduce or forward the documents of the case to the court and shall simultaneously notify the parties whose right or lawful interests is directly affected in a case. If the petition contains a requests that enforcement of the decision be suspended, the authority shall so inform the body carrying out the enforcement procedure.
Section 110.
(1) Enforcement of the decision shall not be suspended upon lodging a request or petition for judicial review; however, the person entitled to invoke judicial proceedings may appeal in the request or petition that enforcement be suspended. Enforcement may not be carried out from the time the body of enforcement gains knowledge of the request until it is resolved.
(2) When enforcement is suspended it shall also apply to the exercise of rights conferred in the resolution.
(3) Enforcement may not be suspended if the resolution:
a) confers an obligation relating to civil defense services;
b) is for the enforcement of a final court decision;
c) confers an obligation relating to military defense obligation consisting in providing economic or material services.
Section 111.
(1) The court of jurisdiction for administrative actions shall annul the administrative decision if found unlawful - with the exception of any violation of a procedural rule that does not effect the merits of the case - and shall order the authority to reopen the case. The court of jurisdiction for administrative actions may be authorized by law to reverse administrative decisions in certain specific actions of the administrative authorities.
(2) If the court of jurisdiction for administrative actions has adopted a decision on the merits of the case, new proceedings may not be opened at the same authority in the same case, under the same grounds, with the exception if new proceedings were ordered by the court of jurisdiction for administrative actions.
(3) The authority shall be bound by the operative part and by the justification of the decision adopted by the court of jurisdiction for administrative actions, and shall proceed accordingly in the new proceedings and when adopting a resolution.
Reopening Procedures
Section 112.
(1) If the client obtained any fact, information or evidence after the operative date of a final resolution that already existed before the resolution was adopted, however, it was not presented during the proceedings although it is of essence for the judgment of the case, a request for reopening the case may be lodged within ten working days after gaining knowledge, provided that it carries the potential to produce a resolution that is more beneficial for the client.
(2) The authority shall reject a request for reopening the case without substantive examination if:
a) supported by a fact that occurred after the final resolution was adopted, or by any subsequent changes in the relevant legislation;
b) if a judicial review is in progress, or if the court of jurisdiction for administrative actions has adopted a resolution in the judicial review;
c) after six months following the operative date of the decision;
d) if excluded by an act or government decree, and in administrative actions of local authorities a local government decree.
(3) Under special circumstances, for the protection of any interest of the client, the deadline referred to in Paragraph c) of Subsection (2) may be extended by statutory provision, and a new forfeit deadline not to exceed three years may be specified for lodging the request for reopening the case, provided that the decision adopted in the new proceedings shall not effect the rights, lawful interests or legal status of others.
(4) A request for reopening the case shall be judged by the authority of the first instance.
(5)
(6) In the reopened proceedings the authority may either amend or withdraw the final resolution, or may adopt a decision consistent with the new evidence presented. Remedy against this decision is available according to the general provisions.
(7) If the authority’s decision is for reopening the case, the proceedings shall be conducted under the presumption as if the client has had been aware at the time when the previous resolution was adopted of the data, facts and circumstances underlying the reopening procedure. Where any rights acquired in good faith may be prejudiced, it shall have no bearing on the decision adopted in the reopened proceedings.
(8) If in conclusion of the reopened proceedings the final resolution containing some obligation is expected to be reversed or withdrawn, the authority shall ex officio take measures to have the pending procedure suspended.
(9) If the newly obtained facts and evidence would have blocked the obligation - in full or in part - that was conferred in the final resolution, the reopened proceedings shall address the matter of settlement of the situation arising upon the performance (enforcement) completed up to the time of submission of the petition or until the enforcement procedure is suspended, the elimination of any unjust and adverse disposition the obligor has suffered, and the matter of compensation for damages and procedural costs.
Section 113.
B) Ex officio administrative review procedures
Amendment or withdrawal of decisions
Section 114.
(1) The authority, if it finds that its decision that has not been judged by an authority or supervisory organ vested with powers to adjudge appeal cases or by a court of jurisdiction for administrative actions is unlawful, shall amend or withdraw the decision in question.
(2) The authority shall be entitled to conduct the procedure referred to in Subsection (1) - with the exception if the procedure is launched based on a resolution of the Constitutional Court or upon objection by the prosecution - only once and, unless otherwise prescribed by law, within one year from the date the decision was delivered. Where judicial review of the decision is pending, the authority may withdraw its decision before a counterclaim is lodged on the merits.
(3) Apart from the erroneous entries made in official records and registers and in official certificates, and from the resolution of facts in citizenship certificates, a decision may not be amended or withdrawn if it would compromise any right that was acquired and exercised in good faith.
(4) The amendment or withdrawal of a decision may be excluded or rendered subject to specific conditions by the relevant legislation.
(5) Any amendment or withdrawal of a resolution under action by the prosecution shall be governed by the provisions contained in Sections 118 and 120.
(6) Section 121 shall apply where a decision of the authority is withdrawn under grounds for nullity.
Oversight Proceeding
Section 115.
(1) The supervisory organ shall have powers to examine ex officio the proceedings of the competent authority, and its decision, and shall consequently:
a) take the measures necessary to eliminate the infringement, if any;
b) exercise the supervisory competence governed under Subsection (2), unless provided for by law.
(2) If the decision of the authority is found to be unlawful, the supervisory organ may reverse or annul such decision. If necessary the supervisory organ shall adopt a ruling to annul the unlawful decision and shall order the authority to reopen the case.
(3) The decisions adopted in the cases referred to in Paragraph b) of Subsection (2) of Section 12 may not be reversed in oversight proceedings.
(4) The authority's decision may not be reversed and may not be annulled if:
a) it has been judged by a court of jurisdiction for administrative actions;
b) where any grounds for nullity applies, the time referred to in Subsection (4) of Section 121 has elapsed;
c) in the absence of any grounds for nullity, it would compromise any right that the client has acquired and exercised in good faith;
d) if a period of five years has elapsed from the operative date of a decision that confers any obligation (adverse disposition) or from the last day of the time limit for performance, whichever is longer;
e) it is precluded or rendered subject to specific conditions by legal regulation, and the condition no longer applies.
(5) Where an unlawful decision is annulled or reversed, the authority that has adopted the annulled or reversed decision shall take measures to address the matter of settlement of the situation arising upon the decisions or upon the performance or enforcement completed under this decision, and the matter of compensation for the costs caused without reason.
(6) When remedy is sought against the resolution of annulment or reversal the procedure referred to in Subsection (5) shall be suspended.
Supervisory Organ
Section 116.
Unless otherwise provided for in an act or government decree, the body that is or should be vested with powers to adjudge appeal cases shall function as the supervisory organ.
Review of Resolution Based on a Resolution of the Constitutional Court
Section 117.
(1) If the Constitutional Court sustains a constitutional complaint and retroactively excludes the application of a relevant legislation that has been declared unconstitutional in individual cases, and the case was not presented for judicial review, the supervisory organ of the authority that has adopted the final resolution shall reverse or annul the resolution by way of a resolution. If necessary the supervisory organ shall adopt a ruling to annul the unlawful decision and shall order the competent authority to reopen the case.
(2) If, acting on a constitutional complaint, the Constitutional Court declared only a potential interpretation of a legal regulation unconstitutional instead of the entire legal regulation, the provisions of Subsection (1) shall apply to the resolution that was adopted relying on the interpretation that was declared unconstitutional.
(3) In the cases referred to in Subsections (1) and (2) the supervisory organ shall take action within twenty-two working days following the date of receipt of the resolution of the Constitutional Court.
(4) In the cases referred to in Subsections (1) and (2) the provisions of Paragraphs b)-e) of Subsection (4) of Section 115 may not be applied in oversight proceedings.
(5) If there is no supervisory organ regarding the administrative decisions specified in Subsections (1) and (2), and judicial review of the final administrative decision was not requested, the time limit for filing for legal action shall recommence thirty days following the date of promulgation of the decision of the Constitutional Court.
Actions by the Prosecution
Section 118-119.
Section 120.
If the public prosecutor files an objection, protest, forewarning or indication against a decision or any action or negligence of an authority within the scope of this Act, it shall be adjudged in accordance with Chapters V and VII of Act V of 1972 on the Public Prosecutions of the Republic of Hungary pertaining to public prosecutors’ judicial oversight competence.
Nullity
Section 121.
(1) In the proceedings governed under this Chapter, the decision shall be annulled if:
a) the Hungarian authority has no jurisdiction according to a directly applicable Community legislation that is binding in its entirety, an international agreement or an act;
b) the acting authority has no competence or jurisdiction for the case in question, except if the authority has proceeded according to Subsection (3) of Section 22;
c) the resolution was adopted without consulting the special authority as required or without taking into consideration the opinion of the special authority;
d) the contents of the administrative decision was influenced by some criminal act, provided that the criminal conduct was established by final court verdict, or such verdict was blocked by reasons other than the lack of evidence;
e) the chamber organ adopting the decision did not have a quorum, or did not have the voting percentage required;
f) the contents of the decision are contradictory to what is contained in Subsections (2) of Section 111.
(2) Failure to observe certain specific formal requirements or certain grave procedural violations may be proclaimed grounds for nullity by an act.
(3)
(4) With the exception set out in Subsection (5), a decision may not be annulled irrespective of any grounds for nullity if:
a) it would compromise any right that the client has acquired and exercised in good faith, and a period of three years has elapsed since the operative date of the decision;
b) if a period of five years has elapsed from the operative date of a decisions that confers any obligation (adverse disposition) or from the last day of the time limit for performance, whichever is longer, or from the last performance if the decision prescribes a continuous obligation;
(5) Where the grounds for nullity referred to in Paragraph d) of Subsection (1) applies, the decision may be annulled without any time limit if it does not affect any right acquired and exercised in good faith.
(6)-(7)
Section 122.
Section 123.
Chapter VIII
Enforcement
Section 124.
Section 125.
The rules of administrative enforcement shall apply for the enforcement of:
a) any liability conferred in the authority's decision;
b) any commitment assumed in a settlement that has been approved by the authority;
c) any refund of support and other allowance assumed in the administrative agreement, or claimed by the client in the case of breach of contract; and
d) any obligation prescribed in the resolution of a foreign authority in an administrative action for legal assistance,
if it is not discharged voluntarily.
Section 126.
(1) The provisions of this Act shall apply to enforcement procedures subject to the exceptions set out in this Chapter.
(2) Unless otherwise provided for in this Act, in enforcement procedures the provisions of Act LIII of 1994 on Judicial Enforcement (hereinafter referred to as “JEA”) shall apply subject to the exceptions set out in Subsections (3)-(7).
(3) Section 9, Chapter II and Chapters XI-XX of the JEA may not be applied.
(4) From Chapter III of the JEA the provisions pertaining to the time of conducting the procedures, to the notification of any reduction in or termination of the claim and to acts of coercion in the venue of enforcement shall apply.
(5) Unless this Chapter provides otherwise, any reference made in the JEA to court, court bailiff, enforcement order and judgment debtor shall be understood, respectively, as the authority ordering the enforcement, the body carrying out the enforcement procedure, enforceable decisions and debtor. Where the JEA provides for payment to be made to the bailiff’s deposit account, it shall mean the account of the body carrying out the enforcement procedure. As to the costs of the enforcement procedure pertaining prepayments and the bearing of such costs, and to administrative penalties the provisions of this Act shall apply. The provisions on the enforcement of money claims shall apply to the collection of administrative penalties.
(6) The provisions of the JEA relating to electronic auctions of movable and immovable properties shall apply when the procedure is carried out by an independent court bailiff.
(7) In connection with the auction of an immovable property the body carrying out the enforcement procedure - excluding independent court bailiffs - shall proceed according to the provisions of the JEA subject to the exception that the second auction shall not be conducted, if the auction buyer has paid the purchase price in cash or by way of credit transfer before the commencement of the second auction, in which case the debit notice shall be presented to the body carrying out the enforcement procedure, and has reimbursed the costs incurred by the scheduling of the second auction.
Enforceable Decisions
Section 127.
(1) The authority’s decision shall be enforceable if:
a) it confers an obligation for the payment of money, or an obligation for the performance of a specific act or a specific conduct, it is operative and the time limit and the required result was not achieved inside the deadline or time limit specified for performance (hereinafter referred to collectively as “deadline”);
b) it confers an obligation of forbearance or for the discontinuance of a specific act or a specific conduct, it is operative, and the client breached the obligation before the term of limitation of the right of enforcement expires;
c) the decision was declared enforceable irrespective of any appeal or it was applied as a protective measure;
d) it contains no time limit specified for performance and it has become operative.
(2) The provisions contained in Subsection (1) shall also apply to any commitment assumed in a settlement that has been approved by the authority and to obligations contained in an administrative agreement.
Section 128.
(1) The authority’s decision of the first instance shall be declared operative if:
a) it was not appealed, or the deadline for appeal has expired;
b) the right to appeal was waived or the appeal was withdrawn; or
c) no appeal may be filed in accordance with this Act, including the independent appeals against rulings.
(2) In the case referred to in Paragraph b) of Subsection (1) a decision shall be declared operative:
a) if the client has waived his right to appeal before the decision is delivered subject to compliance with his request, and there is no adverse party involved in the case: upon delivery of the decision in the first instance;
b) in connection with the waiver or withdrawal of the right to appeal by all persons entitled to appeal inside the deadline for appeal: on the day when the last waiver or withdrawal is received.
(3) Where the appellate procedure is terminated, the ruling of the first instance or resolution adopted by the authority for the rejecting the petition without substantive examination, and for termination of the proceedings shall become operative simultaneously with the ruling on termination of the proceedings.
(4) Any provisions of a decision of the first instance against which no appeal has been lodged shall be declared operative, if only another party to the proceeding appealed any provision of the decision that pertains to him. An act or government decree may provide in connection with certain types of cases that any part of a decision uncontested by appeal shall become operative if the appeal is limited to certain specific provisions of the decision and, due to the nature of the case, the appeal proceedings shall have no effect upon the provisions left uncontested.
(5) Appellate decisions shall be declared operative upon delivery.
Order of Enforcement
Section 129.
(1) In ex officio proceedings the authority of the first instance shall monitor compliance of the obligation prescribed in enforceable decisions. If compliance cannot be determined from the information at the authority’s disposal, the authority shall - if necessary - conduct a regulatory inspection within five working days following the deadline.
(2) If the authority of the first instance considers relying on the information at its disposal or on the information provided by the creditor that the obligation ordered in the enforcement order was not fully discharged by the deadline for performance or if performed in non-conformity with the prescribed requirements, the authority:
a) shall order implementation of the enforcement procedure upon the creditor’s request,
b) shall order implementation of the enforcement procedure ex officio, if the procedure was opened or conducted ex officio, or
c) may order implementation of the enforcement procedure ex officio, if the client did not lodge a request for the opening of the procedure in proceedings opened upon request, however, the authority has had competence to conduct the procedure ex officio.
(3) The authority of the first instance (hereinafter referred to as “authority of origin for ordering enforcement”) shall adopt a decision within five working days of the time when voluntary performance is declared to have failed for the implementation of enforcement. The authority shall deliver the relevant ruling to the creditor, the debtor and the body carrying out the enforcement procedure; the ruling shall become operative on the day following the day when it is delivered to the body carrying out the enforcement procedure. If the authority of origin for ordering enforcement and the body carrying out the enforcement procedure is one and the same, no ruling is required for the implementation of enforcement, and the implementation shall commence within five working days of the time when voluntary performance is declared to have failed.
(4) The ruling for the implementation of enforcement, including the ruling for the implementation of the first act of enforcement, shall contain:
a) an accurate description of the obligation to be enforced in the enforcement procedure;
b) the data contained in the records of the authority of the first instance or in the documents of the case, to the extent required for the successful conclusion of the enforcement procedure; and
c) the amount of default interest where the enforcement pertains to the payment of money.
(5) The ruling for the implementation of enforcement may be appealed independently. The appeal shall have attached evidence to substantiate the appeal.
(6) In the event of any breach of the obligation contained in the administrative agreement the client may appeal the ruling ordering the enforcement at the court of jurisdiction for administrative actions, and his appeal shall have suspensory effect.
Section 130.
Implementation of Enforcement
Section 131.
(1) Unless otherwise prescribed by a government decree, enforcement shall be carried out by the authority of the first instance.
(2) The body carrying out the enforcement procedure may enter into an agreement with an independent court bailiff to execute the enforcement, however, only the authority of origin for ordering enforcement shall have competence to adopt a ruling in the process.
(3) An act or government decree may prescribe, where enforcement is carried out by a person other than the authority of the first instance, that enforcement of a decision is to be carried out by the body carrying out the enforcement procedure with the authority of the first instance in tandem, if it requires the type of technical knowledge or some other special criteria that the body carrying out the enforcement procedure is lacking.
(4)-(5)
Enforcement of Money Claims
Section 132.
The principal source of satisfying money claims by administrative enforcement shall be the funds deposited with a payment service provider that were seized by way of the protective measures implemented, or - if these funds are found insufficient, whether in part or in full, to cover the amount of judgment - from the funds deposited with a payment service provider in the name and on behalf of the debtor, or if this is not possible in the case of natural persons, from the debtor’s wages.
Section 133-134.
Section 135.
(1) If the debtor is able to verify in the course of the implementation of enforcement that the lack of performance is due to no fault of his own, or if unable to meet the deadline for reasons beyond his control, or that it would impose an unreasonably heavy burden upon him, at the debtor’s request the body carrying out the enforcement procedure may authorize - upon hearing the creditor - payment facilities in accordance with Section 74, if it is not excluded by the relevant legislation and if the body of origin for ordering enforcement agreed in advance.
(2) Payment facilities in enforcement procedures may comprise the remission or mitigation of the default penalty, whether in itself or combined with other forms of payment facilities. The remission or mitigation of the default penalty shall be subject to the rightholder’s consent.
(3) Insofar as the conditions set out in the ruling granting payment facilities are satisfied the debtor shall remain immune from enforcement, and no default penalty may be charged for the period in question. In the event of the debtor breaching any of the conditions set out in the ruling granting payment facilities, the body carrying out the enforcement procedure shall move to continue the enforcement procedure for the whole amount remaining, with default penalty charged retroactively.
Section 136.
(1) If the enforcement failed to produce results, or results are only likely to be achieved following an unreasonably long period of time, any property of the debtor that can be seized may be subjected to enforcement, primarily including the ones affected by protective measures.
(2) Attachment of immovable property in connection with money payment obligations may be carried out if:
a) enforcement for the money claim failed to produce results, or results are only likely to be achieved following an unreasonably long period of time, and
b) the liability that cannot be enforced in this manner is at least one hundred thousand forints.
(3) In the absence of any other property that can be seized, the debtor’s residence may be attached if the value of the real estate property in question is at least one million forints, or if the amount of the debt is proportionate to the value of the property if it is less than one million forints.
(4) Where the attachment of immovables cannot be ordered, and if the attachment of any other property of the debtor has also been unsuccessful, the body carrying out the enforcement procedure may file a lien on the debtor’s property on behalf of the beneficiary to cover the amount of the irrecoverable claim and its associated costs.
(5) The real estate supervisory authority - at the request of the body carrying out the enforcement procedure - shall register the lien in the real estate register without delay.
Section 137.
Default Interest
Section 138.
(1) The debtor shall be charged a default interest:
a) for failure to satisfy his money payment obligation in due time, except if an act provides otherwise;
b) if he is liable to refund the support or other allowance claimed under the administrative agreement;
c) if so prescribed by law.
(2)
(3) The default penalty shall be calculated at a rate of 1/365 of double the prevailing central bank base rate for each calendar day. No default penalty shall be charged in connection with any late payment of default penalties.
(4) The default interest shall be charged in connection with money claims for the period beginning on the day that follows the last day of the performance deadline; in connection with receiving support or other allowance claimed under an administrative agreement, from the first day of receiving such and ending on the day of performance or repayment; in connection with partial performance, on the residual amount.
(5)
Section 139.
(1) Default interest shall be charged in an enforcement procedure for any delay in the payment of expenses, to pay the cash equivalent or any administrative penalty, and on the enforcement costs advanced by the State for the period to which the advancement pertains.
(2) The default interest shall be paid together with the payment ordered by the enforceable decision.
Implementation of a Specific Act
Section 140.
(1) If enforcement is for the performance of a specific act or a specific conduct (hereinafter referred to collectively as "specific act"), in the event of non-compliance the body carrying out the enforcement procedure:
a) may demand performance of the specific act at the cost and risk of the obligor;
b) may authorize the beneficiary to perform or to demand performance of the specific act at the cost and risk of the obligor;
c) may, at the beneficiary's request, order the obligor to pay the cash equivalent of the specific act;
d) may impose an administrative penalty upon the obligor if held liable for non-compliance, irrespective of his financial situation and income;
e) may enforce the specific act with police assistance.
(2)
Section 141.
(1) If one per cent of the cost involved in carrying out a specific act is higher than the upper limit of the administrative penalty, the amount of administrative penalty that may be imposed in an enforcement procedure shall be limited to one per cent of the cost of performance.
(2) The administrative penalty may be imposed once again if the obligor failed to perform the specific act within the deadline specified for enforcement in the ruling for imposing the penalty, or if engaged in repeated violation of the specific conduct.
(3)
Section 142.
(1) The body carrying out the enforcement procedure shall determine the process of enforcement after hearing the beneficiary and the obligor, if necessary. The body carrying out the enforcement procedure shall adopt a course of action that is likely to promote the performance of the obligation in the most efficient way in light of all applicable circumstances.
(2) The body carrying out the enforcement procedure may authorize deferred payment or installment payment to the obligor according to the provisions on payment facilities.
Surrender of Specific Movable Property
Section 143.
(1) The body carrying out the enforcement procedure may authorize deferred payment to the obligor according to the provisions on payment facilities.
(2)-(6)
Enforcement of Foreign Resolutions
Section 144.
(1) The resolutions of foreign authorities adopted in administrative actions (hereinafter referred to as “foreign resolution”) shall be executed on the basis of the relevant act, directly applicable Community legislation that is binding in its entirety, or reciprocity.
(2) In the process of enforcement of foreign resolutions the provisions of this Act shall be observed, unless otherwise provided in an act, or the principle of reciprocity does not suggest otherwise.
Section 145.
(1) Enforcement of a foreign resolution may be ordered at the request of the authority of issue, or the authority vested with competence for enforcement under foreign law.
(2) A request from a foreign authority may be satisfied if the enforcement order containing the obligation and the official Hungarian translation of the request and the resolution is attached with the request.
(3) A foreign resolution may be enforced in the domestic territory if it is in compliance with the requirements set out in Section 127, and enforcement of the obligation is not in collision with Hungarian law.
Section 146.
(1) Requests for the enforcement of foreign resolutions shall be sent to the authority designated by the relevant government decree (hereinafter referred to as “designated authority”).
(2) The designated authority shall examine the request for compliance with the requirements laid down in directly applicable Community legislation that is binding in its entirety and in international treaties, or with the principle of reciprocity, or failing these, with the provisions of Section 145. In the assessment of reciprocity the position of the minister in charge of foreign policies shall be authoritative, and it will be formulated in agreement with the minister having competence in connection with the case on hand. If the request is incomplete, or cannot be satisfied pursuant to this Act, the designated authority shall return the request to the foreign authority with the reasons indicated.
(3) Where a request concerns the enforcement of an obligation that falls within court jurisdiction, the request shall be transferred to the authority vested with powers and competence.
(4) If the foreign resolution is enforceable, the request shall be sent to the body vested with competence for the implementation of enforcement for the purpose of enforcement.
(5) If, according to Hungarian law, there is no authority with proper jurisdiction, and the court’s jurisdiction cannot be determined, the designated authority shall forthwith request the opinion of the minister in charge of administration procedures and policies. The minister in charge of administration procedures and policies shall send its opinion obtained upon consulting the minister affected or the head of a central government body within ten working days to the designated authority. The minister in charge of foreign policies shall formulate his opinion in agreement with the minister having competence in connection with the case on hand, and shall make it known within ten working days. The designated authority shall transfer the request to the authority designated in the said opinion.
Enforcement of the Decisions of Hungarian Administrative Authorities Abroad
Section 147.
Section 147. (1) The decisions of Hungarian authorities may be enforced abroad on the basis of directly applicable Community legislation that is binding in its entirety, an act or reciprocity.
(2) If the decision of a Hungarian authority has to be enforced abroad, and directly applicable Community legislation that is binding in its entirety or an act does not provide otherwise, or the principle of reciprocity does not suggest otherwise, the authority of the first instance shall directly contact the foreign authority considered to have competence according to foreign law, or if unable to locate such authority on its own accord or by way of its superior authority, the request shall be forwarded to the minister in charge of foreign policies. The minister in charge of foreign policies shall have the request transmitted within ten working days to the minister of the foreign state competent for foreign affairs, and shall notify the requesting authority accordingly.
Suspension of Enforcement
Section 148.
(1) The authority of origin for ordering enforcement, the authority of appellate jurisdiction, the supervisory organ or the court shall have powers to order the suspension of an enforcement procedure. In enforcement procedures the provisions pertaining to the suspension of proceedings shall apply subject to the exceptions set out in Subsections (2)-(6).
(2) The enforcement procedure shall be suspended if:
a) an action of replevin is pending concerning the assets which are subject to enforcement or the court bailiff has already seized the asset for the enforcement of another claim, provided that there is no other asset that can be attached;
b) a petition to rebut a presumption of service has been lodged and the facts and other evidence presented in the petition appear strong enough for the petition to be approved;
c) the obligor has died or terminated, up to the operative date of the ruling pertaining to succession;
d) so requested by the public prosecutor in the objection lodged against the enforceable decision;
e) continuation of the enforcement procedure is likely to create a life-threatening situation or to cause irreparable harm, or it is necessary for public health considerations or for reasons of public security;
f) the obligor has lodged a petition for payment facilities, except if the authority has conclusively resolved the client’s earlier petition, or payment facilities are not permitted under the relevant act; and
g) so prescribed in an act or government decree.
(3) The authority of origin for ordering enforcement may - in exceptional cases - order the suspension of enforcement at the obligor’s request if the obligor is able to substantiate the reason and reasonable cause therefor, and if the obligor had not been previously fined for contempt during the enforcement procedure.
(4) The acts of enforcement carried out before the suspension shall remain in force. During the effective term of the suspension acts of enforcement may not be carried out.
(5) The body carrying out the enforcement procedure shall notify the authority of origin for ordering enforcement concerning the grounds for suspension of which it is aware, including the grounds for ending the suspension.
(6) The authority of origin for ordering enforcement shall decide whether to keep the suspension in effect if the grounds for suspension had been eliminated.
Termination of Enforcement
Section 149.
(1) The authority of origin for ordering enforcement shall terminate the enforcement procedure if:
a) the enforceable decision is withdrawn, annulled or abolished;
b) the enforcement procedure cannot be continued in the absence of a successor;
c) the right for enforcement has lapsed;
d) the beneficiary requested the enforcement procedure to be terminated;
e) further enforcement procedural steps are not expected to bring any results;
f) the body carrying out the enforcement procedure has enforced the money claim under the provisions of liability pertaining to payment service providers and employers, or recovered it from the person required to make good for the obligor’s debts under specific other legislation;
g) the authority has extended the deadline for performance after having issued the order for enforcement on account of succession;
h) the body carrying out the enforcement procedure moved for the liquidation of the obligor, or the obligor is undergoing liquidation; or
i) an act or government decree provides for the termination of the enforcement procedure for other reasons.
(2) The body carrying out the enforcement procedure shall notify the authority of origin for ordering enforcement concerning the grounds for suspension of which it is aware, and of the termination of the enforcement procedure.
(3) The ruling to terminate the enforcement proceedings shall be delivered to the beneficiary and to the obligor, and shall be sent to the body carrying out the enforcement procedure without delay.
Term of Limitation of the Right of Enforcement
Section 150.
(1) The right of enforcement shall terminate after five years from the operative date of the decision conferring an obligation, or if the decision provides a deadline or time limit for performance, from the last day of this deadline or time limit. A shorter term of limitation may be established by legal regulation.
(2) The term of limitation shall be dormant for the duration of suspension of the enforcement procedure, and for the length of the period authorized in the enforcement for payment facilities.
(3) The term of limitation of a right of enforcement shall be interrupted by any act of enforcement. When discontinued the term of limitation shall recommence. However, ten years after the time specified in Subsection (1) the resolution may not be executed.
(4) If a resolution cannot be enforced since the term of limitation has expired, the irrecoverable money claim and the mortgage registered on a property under Subsection (5) of Section 136 shall be cancelled. The real estate supervisory authority - at the request of the body carrying out the enforcement procedure - shall remove the lien from the real estate register.
Protective Measures
Section 151.
(1) Where performance of an obligation to which the proceedings pertain appears to be jeopardized, protective measures may be implemented before the performance deadline, such as a pledge of security for money claims or the sequestration of specific things.
(2)
(3) Protective measures may be ordered by the competent authority upon request or ex officio, and shall be implemented by the body carrying out the enforcement procedure.
(4) The protective measures shall be withdrawn if:
a) it was ordered to secure a money claim, and the sum in question had been deposited with the body carrying out the enforcement procedure;
b) it was ordered to ensure a specific act, and the obligor is able to verify beyond reasonable doubt of having taken all measures within reason for voluntary performance, and the protective measure constitutes the only hindrance remaining; or
c) the grounds therefor no longer exist.
(5) If the body carrying out the enforcement procedure is carrying out protective measures on the real estate property used by the obligor, an official witness may be employed.
(6) The ruling for the implementation of protective measures may be appealed independently.
(7)
Remedies in Enforcement Procedures
Section 152.
(1) Where a decision of the authority of the first instance can be appealed independently under this Act, the decision of the authority of origin for ordering enforcement adopted in the enforcement procedure may also be appealed.
(2) The obligor, the beneficiary, and any person whose right or lawful interests is prejudiced by the enforcement may file a demurrer of enforcement against any unlawful action or measure of the body carrying out the enforcement procedure or its failure to take action at the body carrying out the enforcement procedure. The demurrer of enforcement shall be lodged within five working days from the time of becoming aware of the measure or from the time the obstruction is eliminated, where applicable, but not later than within three months from the time the measure was taken.
(3) The appeal and the demurrer shall be adjudged by the authority of appellate jurisdiction within ten working days. The demurrer of enforcement shall be adjudged by the authority of appellate jurisdiction regarding the decisions of the authority of origin for ordering enforcement, if it is carried out by a court bailiff. A demurrer of enforcement lodged in connection with the remuneration of an independent court bailiff shall be adjudged by the local court of jurisdiction for the place where the bailiff is established.
(4) Unless otherwise prescribed by law, enforcement of the decision shall not be suspended on account of an appeal or demurrer. The provisions relating to appellate proceedings shall also apply to demurrers of enforcement.
Chapter IX
Costs of Proceedings, Bearing of Costs
Costs of Proceedings
Section 153.
(1)
(2) Procedural costs shall include:
1) procedural fees;
2) administrative service fees;
3) costs incurred in connection with the client's appearance;
4) costs related to language services;
5) costs related to rights for access to documents for inspection;
6) costs of persons acting in representation of the clients;
7) expenses of any witness and official witness;
8) costs of liaison officers, and justified expenses incurred in connection with their activities;
9) experts’ fees, including experts’ expenses;
10) translation charges, other than what is contained in Subsection (2) of Section 11;
11) costs of postage and document transmission on the part of the client and other parties to the proceeding;
12) the costs of enforcement and flat rate expenses for enforcement procedures;
13) the costs of police assistance;
14) the amount of compensation for damages resulting from the on-site inspection or from the expert’s activities;
15) other types of Procedural costs specified in an act or government decree.
(3)
Bearing of Procedural costs
Section 154.
(1) If a proceeding with adverse parties participating was opened due to the petitioner claiming illegal conduct on the part of the other party, the authority shall - unless otherwise prescribed by law with respect to certain costs - order to pay the procedural costs specified under Subsection (2) of Section 153:
a) the client if his petition is rejected,
b) the adverse party if the decision is for the client.
(2) If the decision adopted on the merits of the case is in favor of the petition only in part, the authority shall order the petitioner and the adverse party to pay the costs in the percentage it specifies.
Section 155.
(1) With respect to the costs listed in Points 3-15 of Subsection (2) of Section 153 (hereinafter referred to as "other procedural costs):
a) the authority shall proceed under the principle of cost-efficiency and prudence;
b) the client and other parties to the proceeding are required to carry out their procedural steps in due observation of the principle of prudence.
(2) By way of derogation from the provisions of this Act concerning costs, any extra expenses caused by violation of what is contained in Subsection (1) shall be borne by the authority, client or any other party to the proceeding responsible.
(3) The amounts of other procedural costs shall, in general, be determined based on the proof presented by the person affected.
Section 156.
(1) In proceedings opened upon request, other procedural costs shall be advanced and borne by the requesting client, unless otherwise prescribed by law. If more than one client of the same interest is involved, other procedural costs shall be advanced and borne by the clients in equal proportion, unless there is an agreement to stipulate otherwise. The client shall deposit the advance payment with the authority.
(2) In proceedings opened ex officio the other procedural costs shall be advanced by the authority. The costs of police assistance shall be advanced by the authority requesting such assistance. If the resolution confers any obligation upon the client, the client shall be ordered to cover the costs incurred. If the resolution confers any obligation upon several clients, the authority shall also provide for the sharing of costs among the clients. The costs advanced by the authority shall be paid back to the authority’s account.
(3) Where the admission of certain means of evidence is requested by the authority in proceedings opened upon request, or by the client in proceedings opened ex officio, the related costs shall be borne by the requesting authority or client, respectively. In such cases the costs are awarded depending on whether the resolution is adopted based on the means of evidence requested. This provision shall also apply to the bearing of costs related to the means of evidence admitted upon the client's request in proceedings opened upon request.
(4) Unless otherwise prescribed by law, the authority shall transfer payment upon the expert’s invoice within eight working days from the amount established by final decision, to the extent covered by the deposit. If the amount deposited is insufficient to cover the expert’s fee, in proceedings opened upon request, the authority shall order the client to cover the expert’s fee and to deposit the sum lacking.
(5) If a procedural step had to be repeated on account of any illegal conduct on the part of the client or any other party to the proceeding, the authority shall charge the related extra costs upon the person engaged in such unlawful conduct.
Section 157.
(1) The costs of an enforcement procedure shall be borne by the person who served the reason for ordering and carrying out the enforcement procedure.
(2) In proceedings where any adverse party is involved the provisions of Section 154 shall be observed in connection with costs.
(3) If the supervisory organ transfers the case from the competent authority due to any infringement to another authority, the authority of original competence shall compensate the other authority for other procedural costs it has incurred on the basis of this Act.
(4) The other procedural costs incurred in connection with national legal assistance by the requested authority shall be covered by the requesting authority or other body.
(5) The costs incurred in connection with the exercise of rights for access to documents for inspection shall be covered by the person requesting to inspect the documents.
(6) The special authority shall bear the extra costs resulting from any amendment of the special authority’s assessment, except if it was necessary due to an amendment of the relevant legislation.
Decision for the Award of Procedural Costs
Section 158.
(1) The authority shall specify the amounts of procedural costs and shall decide as to the bearing of these costs, including the refund of advanced costs.
(2) The authority shall determine the amount of the expert’s fee - based on the schedule of charges submitted by the expert - within ten working days upon receipt of the expert’s assessment, or of the expert’s interview, where applicable. The expert’s fee shall be determined by the competent authority also if the expert was appointed by the requested authority.
(3) The authority - consistent with Paragraph b) of Subsection (1) of Section 155 - shall reduce the amount of other procedural costs if it finds them unreasonably high.
Exemption from Costs
Section 159.
(1) The authority may grant exemption from costs to any natural person who - due to his income and financial situation - is unable to pay for all or part of the procedural costs, with a view to easing the burden on such a person in protecting his rights.
(2) 'Exemption from costs' means total or partial exemption from duties, fees and other procedural costs.
(3) Exemption from costs covers the entire period of proceedings from the time the petition is submitted and applies to enforcement procedures.
(4) Based upon occurrence of or changes in the conditions for exemption from costs during the proceedings, exemption from costs may be authorized, amended or withdrawn.
(5) The authority shall send a copy of its ruling authorizing exemption from costs and the ruling for the amendment or withdrawal of exemption from costs to the authorities to which the duties and charges in question were payable for their role in the proceedings.
(6) Exemption from costs may be authorized by law for economic operators, and for legal persons and associations lacking the legal status of a legal person.
(7) Exemption from fees or the fee may not be granted to any client subject to joint and several liability for some payment obligation, except if he was granted exemption from costs for other reasons.
Chapter X
Electronic Information and Regulatory Services
Section 160.
Section 161-162.
Section 163.
Electronic Information
Section 164.
(1) The authority and the participating authority referred to in Section 38/A shall publish - in accordance with Subsections (2) and (3) - the public sector information specified in the Freedom of Electronic Information Act by way of electronic means.
(2) In addition to the data specified in the Freedom of Electronic Information Act, the electronic information provided by the authority and the participating authority referred to in Section 38/A shall contain:
a) the names of officers handling the various types of official proceedings and the officers’ contact information, or contact information for the customer service from whom this information can be obtained;
b) the time limit prescribed in the relevant legislation for administrative services;
c) information relating to the rights of clients relating to procedural steps, and the obligations of clients;
d) the duties and charges - including the duties and charges payable for the proceedings of special authorities -, and information relating to payment procedures;
e) information relating to communication by way of electronic means, such as in particular the conditions for using the central system, the availability of the request and petition form, other standard forms and similar means of information technology required for the opening of the proceedings, instructions for filling out and sending these forms;
f) information relating to setting up a customer port of entry for the purpose of electronic communication; and
g) information relating to the technical requirements for electronic communication and on system malfunctions.
(3) The authority shall compile statistical information relating to the volume of cases processed so as to measure its performance and efficiency, containing the number of cases handled broken down according to type and also on the aggregate, indicating the number of cases that became operative in the first instance, the number of cases overruled in remedy proceedings, the number of cases that were not concluded in due time, showing the extra time required beyond the administrative time limit on a case-to-case basis, the number of claims lodged against the authority for compensation, and the number of supervisory sanctions and disciplinary proceedings opened against the head of the authority for exceeding the administrative time limit. The case statistics may also contain other statistical information as specified by the head of the authority. The authority shall display the case statistics in the customer service area as well.
(4) The authority and the participating authority referred to in Section 38/A shall ascertain that the information published is authentic, accurate, updated and continuously available on-line over the internet.
(5) The minister in charge of supervising the national security services shall have authority to derogate from this Act - upon consultation with the data protection commissioner - relating to the information to be made public by the national security services.
Section 165.
(1) The authority may provide appointments by way of electronic means or by telephone for clients required to appear in person in connection with some official proceedings.
(2) The client may indicate in the electronic appointment book available by way of electronic means the time he wishes to appear at the authority in connection with some official proceedings.
(3) The authority must provide a date of appointment to the client within not more than ten working days from the time requested.
(4) The time of appointment may be modified by the authority at least one working day in advance.
Section 166.
An act and a government decree may prescribe the procedure for electronic information by way of derogation from what is contained in Section 164.
Sections 167-168.
Regulatory Services
Section 169.
(1) The authorities duly authorized by legal regulation may:
a) provide to the clients access to the electronic information provided by other authorities, and to their electronic communication systems;
b) present requests in the name of clients for data or for copies from authentic records, if the conditions specified in legal regulation are satisfied;
c) request the issue of official instruments in the name of clients in accordance with the regulations relating to the protection of personal data and special data;
d) provide technical help, internet support and internet connection to clients for individual administrative services, after the client has identified himself.
(2) The authorities providing the regulatory services referred to in Paragraphs b) and c) of Subsection (1) may be requested by law to provide them under preferential arrangements and under shortened administrative time limits.
Chapter XI
Closing Provisions
Section 170.
Where a client breaches any prohibition or obligation established in a final or enforceable administrative decision and this conduct invokes, in addition to the administrative penalty imposed under this Act, a fine under administrative substantive law, or is subject to misdemeanor or criminal liability and liability for damages, payment of the administrative penalty imposed under this Act shall have no bearing on the legal consequences for the other conduct.
Transitional Provisions
Section 171.
(1) The provisions of this Act shall apply to cases opened after its entry into force and to reopened proceedings.
(2) An international convention promulgated by law before 1 July 2005 may derogate from the provisions of this Act.
Interpretative Provisions
Section 172.
For the purposes of this Act:
a)
b) ‘electronic mail’ shall mean a string of data comprised in a massage that can be transmitted through a computer network outside the central electronic services network between individual mailing addresses via a mail program;
c) 'other parties to the proceeding' shall mean witnesses, official witnesses, experts, interpreters, holders of articles of inspection, clients' representatives and liaison officers;
d) 'life-threatening or potentially devastating situation' shall mean any extraordinary situation, condition or event posing any imminent and direct threat to the life of one or more persons, or for inflicting serious injury or damage to their health, furthermore, posing substantial threat for causing irreversible damage to the natural or built environment and to property, and where executive and regulatory measures are required for its prevention or for protection against the subsequent detrimental effects;
e) ‘impact area’ shall mean a geographical area located in the Republic of Hungary and defined in accordance with the relevant regulations, serving the proposed site for some facility or activity that is likely to generate detrimental physical impact;
f) 'privileged information' shall mean the secrets entrusted to doctors, lawyers, notaries public when acting a professional capacity, and to the clergy;
g) 'relative' shall mean next of kin and their spouses; adoptive parents and foster parents; adopted persons and foster children; brothers and sisters, spouses, domestic partners; spouse's and domestic partner's next of kin, brothers and sisters; and spouses of their bothers and sisters;
h)
i) ‘document’ shall mean any media that carries recorded data;
j) 'central electronic services network' shall mean the central electronic services network defined in the Act on Electronic Public Services;
k)-l)
ma) the funds deposited into the bank account opened under an account contract (Civil Code, Section 529), furthermore, the sums deposited under a deposit contract (Civil Code, Section 530) or under a savings deposit contract (Civil Code, Section 533) with a financial institution, including the accounts from which no transactions are made;
mb) the sums deposited under a savings book (Civil Code, Sections 530 and 533) and any other sums that are managed by the financial institution on behalf of the obligor under contract, furthermore, any deposits held by the financial institution that is repayable to the obligor by the financial institution under some other contract;
mc) funds held on a client account for disposal by the obligor in accordance with the provisions applicable to investment firms;
n) 'statutory secrets' shall mean classified information, as well as business, trade, bank, insurance and securities secrets, fund secrets, and private secrets;
o) 'customer port of entry' shall mean the customer port of entry defined in the Act on Electronic Public Services;
p) ‘system breakdown’ shall mean any temporary or durable malfunction in the information technology system used for electronic communications during communication between a client and the authority and during the inter-departmental communication of authorities, including the time required for maintenance works, on account of which the information technology system is rendered incapacitated to provide electronic information services, to maintain electronic communication, and to support the uploading and downloading, and the transmission of electronic documents.
Entry into Force
Section 173.
(1) This Act - subject to the exceptions set out in Subsections (2) and (3) - shall enter into force on 1 November 2005.
(2) Subsection (2) of Section 109 shall enter into force on 1 January 2006.
(3)-(4)
Authorizations
Section 174
(1) The Government is hereby authorized to decree:
a)
b) the detailed regulations for electronic communications;
c) the regulations concerning the activities of liaison officers, the conditions and requirements for the qualification of liaison officers and the selection process;
d) the rules for granting exemption from costs;
e)
f) the system of supervision of the activities of authorities;
g) the regulations relating to the database created and maintained with a view to providing notices to bodies which are treated as clients under Subsection (5) of Section 15 relying on such database in connection with their joining the proceedings;
h) the fee charged for rendering personal data and privileged information unrecognizable, and for making copies of extracts of documents produced in this fashion, and the procedures for the payment of such fees.
(2) The minister in charge of development of the administration system is hereby authorized to decree, in agreement with the minister in charge of public finances, the regulations concerning the remuneration of liaison officers and interpreters, and in agreement with the minister in charge of public finances and the minister in charge of equal opportunities the remuneration of sign language interpreters for their participation in administrative proceedings.
(3) Authorization is hereby granted to:
a)-c)
d) the minister in charge of development of the administration system to decree, in agreement with the minister in charge of public finances, the detailed regulations relating to the reimbursement of the expenses of witnesses and official witness;
e) the minister in charge of development of the administration system to decree the detailed regulations for the storage and sale of assets seized by the administrative authorities;
f) the minister in charge of development of the administration system to decree the detailed regulations relating to the authorities’ deposit accounts.
(4) The ministers having competence are hereby authorized to decree a list of the statutory provisions whose infringement invokes the application of the provision laid down in Paragraph b) of Subsection (2) of Section 94.
Section 174/A.
(1) The Government is hereby authorized to decree:
a) the designation of special authorities required to participate in administrative proceedings;
b) the competence of special authorities within the framework of which they are required to provide an assessment in administrative proceedings, including:
ba) the requirements as to the contents of any provision or condition prescribed by the special authority,
bb) the criteria under which the special authority is required to provide its assessment; furthermore
c) the regulations concerning the participation of special authorities in administrative proceedings, and the detailed procedures for cooperation between the authority of competence to adopt a decision on the merits of the case and the special authority.
(2) The Government is hereby authorized to designate the body carrying out enforcement procedures and the body or bodies of competence for the implementation of measures relating to requests for the enforcement of foreign resolutions.
Sections 175-187.
Section 188.
Section 189.
