1987. Különkiadvány, 1987.10.01 / HU_BFL_XIV_47_2
actual regulation to tbe executory instructions of administrative agencies. Decreee must be in accord vitb the lavs; vhenever tbere are conflicta, tbe lava take precedence.- Regulations that recognize a civil right in their generál statement of policy, bút then provide loopholes through vhich the autborities are able to évadé their obligations stemming from the recognition of the civil right, must be veeded out from our legal system.- The areas that are governed respectively by public law and civil lav must be clearly distinguiehed. The compromise associated vith maintaining the one-party System unquestionably restricts civil rights in tbe sphere of public lav. Bút the compromise does nőt varrant the restriction of civil rights in the sphere of civil lav.- Only the court may deprive a person of his civil rights. The authority of the police to employ coercive measures (police supervision, banishment, and internál exile) must be revoked or tied to judicial proceedings. Civil rights must be entrenched in guaranties.- Lav No I of 1981, on Administrative Procedure, States that the Citizen may requeBt judicial reviev of administrative decisions that revoke or reBtrict hifi constitutional or other fundamental rights (Section 72, Paragrapb 1). Bút Decree of the Council of Ministers No 63/1981 (5 Dec), vhich implements this lav, enumerates the matters in vhich the Citizen may request judicial reviev, thereby limiting unacceptably the generál authorization. What should be enumerated are nőt the kinds of grievances that may be revieved by the courts, bút the exceptions (kept at a minimum). It should be a petty offense to issue an injurious administrative decision that clearly violates a civil right, and a criminal offense vhen the violation of the civil right is intentional. (intent can be inferred, fór example, from repeated violations of the rules of procedure, especially vhen the client calls these violations to the administrative agency's attention.)- According to the Lav on Administrative Procedure, the administrative decision that violate6 the Citizen's interest must State the statutory regulation on vhich the decision is ba6ed, the established facts, and their proof (Section 43, Paragraph 1). Nonetheless it regularly happens, especially in cases involving civil rights, that the administrative agency merely cites the statutory provision, instead of stating the facts and their proof. (Fór example, in a decision rejecting a passport application: "Your passport application is rejected because your traveling abroad vould nőt be in the public interest.") Sometimes tbe decision may be based nőt on a promulgated statutory regulation, bút on an internál directive issued by a minister, the director of a main department vithin the ministry, or the council chairman. (By a decision of the Budapest Municipal Council'6 chairman, fór example, a certificate from the police, to the effect that sufficient financial resources are available fór the future association's intended activity, may be required to support an application fór permission to form an association.) The principle must be proclaimed than an administrative decision violating a Citizen's interest may be made solely on a /*
