Access to justice in environmental matters


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The obligation for administrative authorities to act is stipulated by the Ákr. The authority has an obligation to act within its area of jurisdiction in the cases for which it has competence, or on the basis of delegation. If the authority fails to meet its obligation to act within the administrative time limit, the supervisory body provided will instruct it to carry out the procedure. If there is no supervisory body, or the supervisory body fails to take action, the court of competent jurisdiction in administrative actions will order the authority to carry out the procedure. Such petition of claim can be submitted by any natural or legal person whose rights or lawful interests are directly affected by the omission of the environmental authority.

There are cases in which the authority may exercise the right to remain silent. This means that the client is considered to have been authorised to exercise the right asserted if the authority decided not to adopt a resolution within the prescribed administrative time limit. The right to remain silent may be exercised in automated decision-making processes if not precluded by law, or in other cases if it is expressly ordered by law.

The decisions of the courts and other judicial forums are executed by judicial enforcement proceedings in accordance with the Act on Judicial Enforcement[1]. In the course of judicial enforcement, executive force may be employed to order a party compelled to pay money or undertake some other conduct to fulfil such obligation. The enforcement order may be issued if the writ of execution contains an obligation (ruling against the judgment debtor), it is final, definitive or subject to preliminary enforcement, and

  • the resolution of the public prosecutor’s office and/or the investigating authority is not subject to further remedy, and
  • the deadline of performance has expired.

The court will impose a fine on the debtor or the person or organisation obliged to participate in the enforcement procedure for contempt, for failure to meet the obligations in connection with enforcement or for engaging in any conduct aimed at obstructing the authority carrying out the enforcement procedure. The fine for contempt may not exceed the enforceable amount. No fine for contempt may be imposed for the sole reason of the judgment debtor's failure to comply with their obligation prescribed in the enforcement order.

[1] 1994. évi LIII törvény a bírósági végrehajtásról (Official Journal: Magyar Közlöny No 1994/51)

Last update: 28/07/2021

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