Administrative Law in the Time of Corona(virus): Resilience and Trust-building
Absztrakt :
The Hungarian administrative law has been significantly impacted by the
Covid-19 pandemic. Several rules – which were introduced during the state of danger based on
the epidemic situation – have been incorporated into the Hungarian legal system. The
administrative procedural law has been influenced by the epidemic transformation. However, the
rules on e-administration have not been reformed significantly (due to the digitalisation reforms
of the last years), but the rules on administrative licenses and permissions have been amended.
The priority of the general code on administrative procedure has been weakened: new, simplified
procedure and regime have been introduced. The local self-governance has been impacted by the
reforms. The transformation has had two, opposite trends. On the one hand, the Hungarian
administrative system became more centralised during the last year: municipal revenues and task
performance have been partly centralised. The Hungarian municipal system has been
concentrated, as well. The role of the second-tier government, the counties (megye), has been
strengthened by the establishment of the special economic (investment) zones. On the other
hand, the municipalities could be interpreted as a ‘trash can’ of the Hungarian public
administration: they received new, mainly unpopular competences on the restrictions related to
the pandemic. Although these changes have been related to the current epidemic situation, it
seems, that the ‘legislative background’ of the pandemic offered an opportunity to the central
government to pass significant reforms. From 2021
a new phenomenon can be observed: the
state of danger has remained, but the majority of the restrictions have been terminated by the
Government of Hungary. Therefore, the justification of the state of danger during the summer of
2021
became controversial in Hungarian public discourse.