Problems of the Hungarian Legal Regulation of the Procedures Relating to the European Union Resources

Abstract

The study is written on the procedural issues related the Structural Funds, in whose creation and application a double practice can be observed in Hungary: some of the procedures are regulated in ministerial decrees, while the rest of the rules are created neglecting the legal regulations, in the form of internal organisational rules. It goes without question that the implementation of any objective with state development intentions – be they the most honest objectives – is much simpler and more effective if the legal regulations are neglected; however, this questions the necessity of a democratic legal state and promotes the advantages of a state structure of different type.

The study sees three alternative solutions for the legal regulation of the procedures:

– Extension of the effect of the acts on administrative procedures (state administration procedures act, act on public procurement),

– Sui generis regulation,

– The integration of the procedures already existing and the ones to be created into a legal regulation in effect.

The essay pays a special attention to those elements of the tender support system that re- quire amendments or a further regulation, and also to those questions that are important for the operation of the constitutional state, such as of the legal regulation of the appeal system, the inadequate application of the principle of publicity and its incomplete integration into the legal regulation of the procedures related to the distribution of the community resources.