A kiemelt beruházásokra vonatkozó eljárások példák az ítélkezési gyakorlatból

Absztrakt

This article analyses the Hungarian legal regime governing prioritized investments as an example of the growing dependence on exceptional procedural frameworks in administrative law. It argues that this type of exceptional legal regime not only accelerates decisionmaking procedures for prioritized investments but also erodes traditional procedural guarantees in administrative judicial supervision. Through doctrinal analysis, an overview of the legal framework, and an evaluation of case law, the study demonstrates that procedural acceleration systematically weakens fundamental guarantees, including the rights to participation, transparency, reasoned decision-making, and effective judicial protection. The article argues that the Hungarian regime represents not merely a set of procedural simplifications but a modification of traditional guarantees of judicial supervision. The cumulative effect of fast-track procedures, restricted participation, and limited judicial review results in a model where legality is increasingly subordinated to executive priorities.

The Hungarian case illustrates a broader European trend in which efficiency-driven exceptionalism raises significant rule-of-law concerns.