Questionnaire Hungary
IV.3 What are his main tasks in administrative law?
The prosecution service has a lot of competencies
outside the criminal area.
The basic rules on the activities and competencies of the prosecution service are defined in the Constitution and in the Act on the prosecution service.
The Constitution states that the prosecution service participates in ensuring that everybody (individuals, legal persons, other legal entities) observe the law. If the law was violated, the prosecution service has to act to uphold the law in the cases and manner specified by law. These competencies of the prosecution service also serve that non-judicial organizations and authorities apply the law correctly, in accordance with the principle of legality.
These competencies of the prosecutor outside the criminal area can be divided into two main types:
The prosecutor:
a. participates in ensuring that everybody observes the law (prosecutorial supervision of the legality).
In this framework the prosecutor:
- can supervise e.g. the legality of rules issued by public administration organs (bodies) of a lower level than the Government and by the organs of self government (local authorities);
- can launch a protest against a legal provision if it is against the Constitution or a legal rule of higher level,
- makes decisions on petitions, notices of public interest and signalizations about violation of the law, or unlawful omissions of measures by bodies of public administration and any other organs except the courts
b. contributes to a correct application of the laws in the course of court proceedings.
In this respect he can initiate court procedures.
- on numerous occasions defined precisely in the code on family law (Act No. 4 of 1952), e.g. marriage or the adoption of minors;
- if the person concerned is not able to defend his own rights for any reasons (general competence given in the Code of Civil Procedure, Act No. 3 of 1952);
- for declaring a contract null in case the contract is in conflict with the public interest;
- if the registration of a business company does not comply with legal regulations;
- in the field of consumer protection, environmental protection and animal protection under precisely defined conditions.
The structure and activities of the prosecution service also reflect the above mentioned differences, as besides the criminal branch of the prosecution service, the regional and appellate prosecution offices and the Office of the Prosecutor General have their own civil and administrative law departments.
The basic rules on the activities and competencies of the prosecution service are defined in the Constitution and in the Act on the prosecution service.
The Constitution states that the prosecution service participates in ensuring that everybody (individuals, legal persons, other legal entities) observe the law. If the law was violated, the prosecution service has to act to uphold the law in the cases and manner specified by law. These competencies of the prosecution service also serve that non-judicial organizations and authorities apply the law correctly, in accordance with the principle of legality.
These competencies of the prosecutor outside the criminal area can be divided into two main types:
The prosecutor:
a. participates in ensuring that everybody observes the law (prosecutorial supervision of the legality).
In this framework the prosecutor:
- can supervise e.g. the legality of rules issued by public administration organs (bodies) of a lower level than the Government and by the organs of self government (local authorities);
- can launch a protest against a legal provision if it is against the Constitution or a legal rule of higher level,
- makes decisions on petitions, notices of public interest and signalizations about violation of the law, or unlawful omissions of measures by bodies of public administration and any other organs except the courts
b. contributes to a correct application of the laws in the course of court proceedings.
In this respect he can initiate court procedures.
- on numerous occasions defined precisely in the code on family law (Act No. 4 of 1952), e.g. marriage or the adoption of minors;
- if the person concerned is not able to defend his own rights for any reasons (general competence given in the Code of Civil Procedure, Act No. 3 of 1952);
- for declaring a contract null in case the contract is in conflict with the public interest;
- if the registration of a business company does not comply with legal regulations;
- in the field of consumer protection, environmental protection and animal protection under precisely defined conditions.
The structure and activities of the prosecution service also reflect the above mentioned differences, as besides the criminal branch of the prosecution service, the regional and appellate prosecution offices and the Office of the Prosecutor General have their own civil and administrative law departments.
