Challenges for Hungarian Local Self-Governments Connected to the Use of Publics: To be Governed by Public or by Private Law?

F. Rozsnyai, Krisztina (2021) Challenges for Hungarian Local Self-Governments Connected to the Use of Publics: To be Governed by Public or by Private Law? In: Urbanisation and Local Government(s). Lex-Localis Press, Maribor, pp. 95-105. ISBN 9789617124064

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Abstract

After the fall of the Wall in Hungary administrative law and legal thought was somewhat eclipsed. The article, focused on the concrete example of the usages of public space presents how the dominance of civil law and its concept of self-governments as the owners and not as the regulators of public land distorted the legal framework given for local selfgovernments to regulate the forms, as well as to manage the uses of public land themselves. The article will also trace back the developments of the last 25 years to show by which means in the case of some uses the governance of public law could be restored and how in other fields the entrepreneurial concept could be neutralised. From these developments, it will be evident that the governance (rule) of public law is vital to ensure equal access to these collective resources, safeguard the public interest and ensure effective legal protection.

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