ACTA JURIDICA - A MTA Jogtudományi Közleményei Vol. 34 (1992)

1992 / 3-4. sz. - STUDIES - NOVOTNI ZOLTÁN: New Trends in Hungarian Company Law

Zoltán Novotni change. The foremost goal is to establish a judicial system which is independent of every other branch of power and in which the avenues of legal remedy, acting as a control mechanism, remain within the frameworks of an independent judicial organization. Additionally, legal remedy is provided by ways and means other than protests lodged and fines imposed. 4. It is necessary for a Constitutional Court to be set up and to function effectively in order to revise, by acting as an organization of control, the legality of the legislative process and to interpret the provisions of the Constitution. 5. It is necessary to set up, within the judicial organization, a registry court which would act as an instrument giving effect to the legal order securing the frameworks of economic life. 6. Establishment of a "new" type of court, an administrative court, its functioning serving to secure a balanced harmony between central state administration and local self­government. This would exercise control over decisions of administrative, or executive organs on the one hand and would afford protection for the rights and lawful interests of citizens and other subjects of law on the other. 7. The Constitution and legislative enactments should determine the ways and means of, and eventual restrictions on, the exercise of human and civil rights. An appropriate regime of legal remedies should be evolved to provide for citizens legal means against violations of their rights. Devising a real system of legal assistance to citizens would make it possible to abandon the existing Hungarian practice, namely the systems of complaints, notifications of public interest, and recourse to the press. It is necessary to create frameworks for the representation of interests by the ombudsman and for the realization of public interests. It is worthwhile, however, to compare the status and modalities of implementation against these goals as outlined above. First, this country has no stable fundamental law, as the Constitutional is amended by the ruling parties to suit the power relationships existing from time to time. What is needed is a comprehensive and well-considered concept to replace patchwork and modifications. The prevailing legal system is anything but a "system"; rather it is a mass of competing and contradictory laws and regulations made in disregard of the basic principles of legislation. Second, the Constitutional Court has become first and foremost a general forum of complaints, which litigants and complainants look on as the last resort in seeking remedy to their grievances, real or perceived. And third, the reform of the judicial system, or the judicature has been broadly outlined, but certain institutions already established under the relevant concept do not have the substance as planned and expected. Cases in point are the introduction of authorities of an administrative type and the functioning of registry court in a way that betrays a smuggled-in state recognition of legal personality. This leads us to ask what a registry court should be like and what kind of activity it should carry out, as there are various solutions at hand. Thus, for instance, the registry court may take over the role of die economic police, may act as an organ of supervision

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