Administrative Judiciary



The effective judicial review of administrative decisions is an indis putable integral part of aconstitutional state (i.e. astate under the rule of law). Administrative justice has been under permanent presure for reforms in the last decades both in Hungary and Poland.

The structure, the powers and the procedure of administrative courts is under constant development. Therefore, the Research Team named as “The Reform of the Administrative Judiciary” in the Polish Hungarian Research Platform 2021 aimed to present the actual and crucial dilemmas of administrative judiciary regarding Hun gary and Poland with suggestions de lege ferenda. András Patyi’s contribution examines the theoretical and historical aspects and the realisation of administrative justice in Hungary, highlights the challenges regarding the judicial interpretation of the administrative law. The author also focuses on the impact of the Fundamental Law (the Constitution) on administrative justice and presents the importance of the uniformity complaint procedure of the Curia which is a new tool for ensuring the uniformity of law in Hungary. Noémi Suri’s paper gives acomprehensive overview of the system of legal remedies in the Hungarian Code of Administrative Court Procedure and presents some anomalies regarding the application of the Code through empirical research. Przemysław Ostojski’s paper verifies with comparative analysis the thesis that due to the jurisprudence of the Court of Justice of the European Union, in the area of the EU Member States there is harmonization in the field of judicial powers of administrative courts. This also applies to the reformatory judgments of courts. Rafał Wielki in his paper draws attention to the issues related to the use of evidence in administrative court proceedings. Several other problems such as whether the general theory of evidence can be applicable in administrative court proceedings or whether the administrative judiciary come into contact with electronic evidence are also being discussed. This last topic is also related to the next paper, in which Mateusz Pszczyński comprehencivly analyses the questions related to digitalisation and automatisation of the Polish administrative judiciary. AI and digitalisation of administrative justice is ahot topic in today’s society, surely we are going to hear alot about this subject in the upcomings years.