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Az eljárások egyszerűsítése és gyorsítása: az engedélyezés és a bejelentés (Simplification and acceleration of procedures: licence and notification)

Authors :
Rita Gyurita
Source :
KözigazgatásTudomány, Vol 2, Iss 2, Pp 68-81 (2022)
Publication Year :
2022
Publisher :
Universitas-Győr Nonprofit Ltd., 2022.

Abstract

Simplifying and speeding up regulatory procedures is essential in order to cut red tape and reduce the administrative burden on citizens and businesses, which is necessary to increase competitiveness. One of the means to achieve this goal is to reduce the scope of activities subject to authorisation or licence. For several activities previously subject to licence, the licensing (regulatory) procedure has been abolished or replaced by a notification procedure. The commencement and continuation of these activities are no longer subject to the application of the law by an authority (licensing) based on prior intervention, to the conduct of a regulatory procedure and to the adoption of a regulatory decision (licence), but only the commencement and continuation of the activity need to be notified to the authority. On the basis of the notification, it is the notifier’s responsibility to perform the activity in a lawful and professional manner, which is monitored and supervised by the authority, and the authority will intervene ex post in the event of any infringement. The examination of licensing procedures shows, on the one hand, a reduction in the number of types of activity that are subject to a licensing procedure, as compared to notification procedures. On the other hand, in order to enforce the public interest and the rights and legitimate interests of others, the emphasis has shifted from the application of the law by the authorities (licensing) based on prior intervention and from the application of the related principle of prevention of infringements to the official control and supervision-type activities, and ex-post intervention (sanctions, etc.) in the event of infringement. Licensing and notifications were further differentiated during the first wave of the coronavirus epidemic, with the introduction of controlled notification as a new legal instrument, allowing certain activities subject to licence to be started and continued on the basis of controlled notification.

Details

Language :
Hungarian
ISSN :
27861910
Volume :
2
Issue :
2
Database :
Directory of Open Access Journals
Journal :
KözigazgatásTudomány
Publication Type :
Academic Journal
Accession number :
edsdoj.74b97e6f64c148008a019cc73a87a0a0
Document Type :
article
Full Text :
https://doi.org/10.54200/kt.v2i2.41