Court Mediation Within Administrative Court Proceedings in Hungary

Abstract

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

Keywords

• administrative court procedure
• court mediation
• mandatory mediation
• qualitative interviewing