KözigazgatásTudomány (Jul 2024)
A felülvizsgálati kérelem befogadása (The Admission of a Petition for Review)
Abstract
The review is an extraordinary remedy regulated within the system of legal remedies by the Act I of 2017 on the Code of Administrative Litigation (hereinafter: Kp.), which can be filed against a final court decision within the limits regulated by Kp. and under certain conditions. The review procedure is two-tiered: first, the Curia examines whether the legal conditions for the admission of the petition for review against a final decision are met, thereby deciding on the admissibility of the petition for review. Admission functions as a substantive filter, and the petition for review can only be substantively adjudicated if the statutory conditions for admission are met, meaning the Curia has accepted the petition for review. The primary tool of the Curia's task to ensure uniformity in judicial practice is the review. However, the review has a dual function; besides its primary role of ensuring the uniformity of judicial practice (ensuring consistency in the application of the law by courts), it also serves an additional function as a legal remedy (subjective legal protection). The regulations on the petition for review and its admission were amended and supplemented relatively shortly after the Kp. came into effect. The legislator expanded the grounds for admission to strengthen the remedial function of the review. Additionally, the rules of the admission were supplemented and clarified to prevent divergent judicial practices and the disruption of unified legal interpretation, thereby aiding the development and maintenance of unified practice regarding admission. Recently, a decision ensuring uniformity was issued concerning the interpretation of admission grounds, ensuring the uniformity of the Curia’s practice in this regard. This study focuses on the changes in regulations concerning admission, and the Curia's practice related to admission based on its rulings in specific cases, and the analysis of other tools ensuring uniformity and their interrelations with the review.
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