Paper/Speech Details of Conference Program for the 25th NISPAcee Annual Conference Program Overview PhD pre-conference seminar Author(s) Kitti Pollak Ludovika University of Public Service Budapest Hungary Title Quo Vadis: Codification of Administrative Procedure Rules in Hungary and in France File Paper files are available only for conference participants, please login first. Presenter Kitti Pollak Abstract The objective of this paper includes the comparative analysis of the codification of administrative procedure law in Hungary and in France from the 19th century until currently. It also focuses on the opportunities for legal remedies following the decision making in the French and in the Hungarian administrative procedures. The first part of the paper is devoted to compare the most important notions of the administrative procedure law and examine the difficulties and benefits of comparative studies. Secondly, the paper presents a historical overview and the theoretical debates on the necessity and on the possibility of codification of administrative procedure rules in France and in Hungary. We should remark that in France, the first Administrative Procedure Act called the ’Code des relations entre le public et l'administration’ just came into force the 1st January 2016. With this Code, France joined the group of countries that has a lex generalis law regarding administrative procedures. Meanwhile, in Hungary, the first Administrative Procedure Act was the Act No. IV. of 1957. In the last sixty years this Act has been globally modified several times. The Administrative Procedure Act, which is in force actually is the Act No. CXL of 2004 on the General Rules of Administrative Proceedings and Services. In September 2016, a completely new Code on the on the General Rules of Administrative Proceedings and an other Code of Administrative Justice (1) were presented to Parliament, which includes fundamental changes. The paper also aims to demonstrate the reasons of the modifications with a comparative analysis focusing on the legal remedy system (the appeal procedures vs. the judicial review). The paper addresses also remarks regarding the remedy system, with special attention to the necessity, economy, efficiency and effectiveness of remedy procedures. Finally, the effects of the ReNEUAL Model Rules on EU Administrative Procedure (2) and and the realization of the Recommendations of the Council of Europe (3) in the French and in the Hungarian Administrative Procedure Acts are also examined. Lastly, we also propose suggestions and best practices to develop and promote the efficiency of codification specially the legal remedy procedures. (1) We should remark that the Code of Administrative Justice would be a completely new Code, which would change basicly the legal remedy system in Hungary. (2) The ReNEUAL Model Rules on EU Administrative Procedure are designed to reinforce general principles of EU law and identify – on the basis of comparative research – best practices in different specific policies of the EU. See: http://www.reneual.eu/ (3) Ex.: Recommendation Rec(2004)20 of the Committee of Ministers to member states on judicial review of administrative acts, Recommendation CM/Rec(2007)7 of the Committee of Ministers to member states on good administration
