Abstract
<p class="Default">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 has been partly centralised. The Hungarian municipal system has been concentrated, as well. The role of the second-tier government, the counties (<em>megye</em>), 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.</p>
Highlights
The first state of danger – which has been declared in Hungary during the first wave of the COVID-19 – ended on June 18, 2020, but it has been expected to leave lasting traces in the Hungarian legal system
A new, specific, quasi-emergency situation used to deal with the second wave of the epidemic, as well as the legislation issued in this regard, raises several dogmatic issues that tension the current system of administrative law
If we look at the Hungarian constitutional regulation, it should be emphasised that the Fundamental Law of Hungary (25 April 2011)
Summary
The first state of danger – which has been declared in Hungary during the first wave of the COVID-19 – ended on June 18, 2020, but it has been expected to leave lasting traces in the Hungarian legal system. U by the HCA, but it can be interpreted as a new type emergency This solution fits into the trend in the Hungarian legislation, that several quasi-emergencies have been institutionalised by the Acts of Parliaments, because a similar, quasi-emergency situation is regulated by the DMA during natural and industrial disasters, which are not as serious, that the declaration of the state of danger could be justified. A special regime of the municipal decision making has been introduced by the emergency regulations in Hungarian public law. During the first wave of the pandemic, the municipalities were empowered to pass decrees on the opening hours and shopping time for elderly people for the local markets, and they were empowered to pass strict regulations on local curfew These measures were restrictive; they can be interpreted as unpopular decisions. The major tax revenue of the municipalities is the local business tax, which rate has been radically reduced by the latest legislation
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