Title: Broadening judicial protection against failures to act? - Recent Hungarian developments

Authors: István Hoffman; Krisztina F. Rozsnyai

Addresses: Faculty of Law, Eötvös Loránd University, Budapest, Hungary; HUN-REN Centre for Social Sciences, Institute for Legal Studies, Budapest, Hungary; Faculty of Law and Administration, Maria Curie-Skłodowska University in Lublin, Poland ' Faculty of Law, Eötvös Loránd University, Budapest, Hungary

Abstract: The paper analyses some 'layers' of failures to act in public administration, both in individual administrative cases and in the field of providing public services. After analysing the theoretical background of the legal regulation and major European approaches, it is clear that failures to act in individual administrative cases can be handled by solutions within public law. For failures within the provision of public services, however, there are different solutions, as these services have a strong link to human rights as well as personality and privacy rights, so even judicial protection through private law can apply. Based on the new system of legal protection setup some years ago in Hungary, the paper investigates whether the new Hungarian regulation is in line with European principles and patterns. It will show that court procedures cannot replace internal-administrative remedies and a web of remedies offers the most effective protection against failures.

Keywords: administrative silence; educational segregation; failure to act; procedural errors; public service provision; secondary protection; Hungary.

DOI: 10.1504/IJPLAP.2026.152761

International Journal of Public Law and Policy, 2026 Vol.12 No.2, pp.121 - 135

Received: 22 Dec 2023
Accepted: 16 Apr 2024
Published online: 10 Apr 2026 *

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