Helyi önkormányzáshoz való jog az Európai Charta tükrében
The aim of the paper is to analyze the changing meaning of the notion of the right to local self government in Hungary over the past two decades. The examination is focused on two central aspects: on the one hand the alteration of the notion is studied on the interpretation of the Constitutional Cou...
|Series:||Szegedi Jogász Doktorandusz Konferenciák
Alapelvek és alapjogok 5
|Kulcsszavak:||Önkormányzati rendszer - Magyarország, Önkormányzat - helyi, Közigazgatás - Magyarország|
|Summary:||The aim of the paper is to analyze the changing meaning of the notion of the right to local self government in Hungary over the past two decades. The examination is focused on two central aspects: on the one hand the alteration of the notion is studied on the interpretation of the Constitutional Court, and on the other hand a special attention is given to the practice of the Constitutional Court following the definition of the right to local selfgovernment defined by European Charter of Local Self-Government. The first part of the paper emphasizes the most important decisions of local government autonomy, providing an overview on alteration of the definition of right to local selfgovernment. It could be recognized that the provision of positive law remained the same in contrast with the interpretation; the natural law approach and understanding has had its day/exploded. This finding could be supported by the following two provisions. The right to local self-government as a fundamental right of the citizen is not mentioned in the Fundamental Law (25th April 2011) of Hungary at present. This means that the right to local self-government is not a basic constitutional right, this way of the constitutional protection is not provided. The right to local self-government is regulated only in the local government Act with unaltered text, but it could not be considered as constitutional regulation. The new regulation on local government classified local governments as a part of the state, compared with the previous solution, which highlighted it as an independent branch of the power. The second part of the paper outlines the influence of the European Charter of Local Self-Government in the practice of Constitutional Court. The paper analyses those decisions connected to directly to the Charter. References on the Charter only in few cases could be found. In context with these references could be concluded that usually only the petitioners refer to the provisions of the Charter. The Constitutional Court in any case based the decisions on the provision of the Charter. Considering the different decisions of the Court it could be concluded that the Charter has not had remarkable influence to the practice of the Constitutional Court. Finally the main characteristic features of the regional and local democracy are shown in the light of the Recommendation (2013) of Congress of Local and Regional Authorities of the European Council.|