hatóságiméltányossági

Hatóságiméltányossági refers to the discretionary power of an administrative authority in Hungary. It allows public bodies to make decisions in cases where the law permits a range of options, rather than mandating a single, specific outcome. This concept is central to administrative law and ensures that decisions can be tailored to the unique circumstances of each individual case.

The exercise of hatóságiméltányossági is not arbitrary. Authorities are expected to base their decisions on objective criteria and to act in accordance with the principles of good administration, fairness, and proportionality. This means that even when discretion is allowed, the authority must still consider all relevant factors and choose the option that best serves the public interest while respecting the rights of the individuals involved.

There are typically two main forms of discretionary power: facultative (választási) and normative (normatív). Facultative discretion means the authority has the choice to either act or not act, or to choose between different legal consequences. Normative discretion, on the other hand, involves choosing the most appropriate measure from a range of legally prescribed options, often based on the severity of the situation or the applicant's circumstances.

The scope of hatóságiméltányossági is defined by the specific legislation governing the administrative procedure. While it allows for flexibility, it is also subject to judicial review. Courts can examine whether the authority has exceeded its discretionary powers, acted unlawfully, or failed to provide adequate justification for its decision. This oversight mechanism is crucial for maintaining legal certainty and protecting citizens from potential abuses of power.