jogtisztaság

Jogtisztaság (hungarian for "legal soundness") refers to the principle that actions, decisions, and documents must comply with the law and be free of legal defects. It is a foundational concept in Hungarian administrative and civil law and is often invoked to assess the legality of a public authority’s acts or contractual arrangements. The term emphasizes that legal instruments possess an inherent condition of being lawful, and any deviation—whether through procedural impropriety or substantive unlawfulness—renders them defective or void.

In practice, jogtisztaság is applied through the review of administrative decisions, such as permits or licenses, and in the oversight of civil contracts to ensure they align with statutory requirements. Courts assess whether an act meets the necessary legal criteria, including proper authority, adherence to procedural norms, and alignment with substantive legal rules. A decision lacking jogtisztaság is subject to annulment or correction under the Hungarian Code of Administrative Procedure and the Civil Code.

The concept is analogous to the notion of legal validity found in many legal systems. It underpins the principle of rule of law (szabálynormál); it ensures that individuals and entities are protected against arbitrary or unlawful acts by public bodies or other parties. In Hungary, legislation often explicitly requires jogtisztaság, and breaches can lead to sanctions, including financial penalties or the requirement to restore compliance. Thus, jogtisztaság serves as a safeguard for the orderly functioning of the legal order and the protection of individual rights.