Közigazgatásiperes

Közigazgatásiperes is a Hungarian civil procedure through which a person challenges the legality of acts or omissions of public administration before a court. It covers decisions and measures issued by state authorities, local governments and their agencies, such as permits, fines, sanctions, or any concrete administrative action, as well as failures to act when such inaction affects a person’s rights or legally protected interests. The aim is to obtain judicial review and, if the act is found unlawful, to annul, modify, or replace it with a new, lawfully grounded decision.

The procedure is initiated by filing a petition with the competent court that handles administrative disputes. The plaintiff must have standing and bring the case within a statutory deadline after receiving the challenged act or being otherwise harmed by the omission. The administration file is usually submitted as part of the case, and both sides may present documents and, in some instances, evidence or witness testimony. A court hearing may be held, but many cases are decided on written submissions.

A court reviewing a közigazgatásiperes case examines the legality of the challenged act or omission under applicable law. The remedy sought is typically the annulment of the act, a modification or replacement decision, or an order to compel the authority to act, with possible provision for costs. Provisional measures may be requested to suspend enforcement of the administrative act during the proceedings.

Közigazgatásiperes serves as a primary channel for legal protection against public administration, operating alongside internal administrative remedies and, where applicable, other constitutional or EU-law remedies.