The Bermuda Triangle of Expulsion, Reasoning of Decision and Effective Legal Remedy in the Hungarian Legal Practice Cover Image

Triunghiul Bermudelor între expulzare, motivarea deciziei şi căile de atac efective în practica judiciară maghiară
The Bermuda Triangle of Expulsion, Reasoning of Decision and Effective Legal Remedy in the Hungarian Legal Practice

Author(s): Erzsébet Csatlós
Subject(s): Constitutional Law, Public Law
Published by: Universul Juridic
Keywords: expulsion; effective legal remedy; reasoning of decisions; procedural guarantees;

Summary/Abstract: Several Iranian university students were expelled from Hungary to Iran, one of the most infected countries by the COVID 19 pandemic based on their unlawful behaviour during their quarantine period. The study aims to analyse the judgement of the Metropolitan Court which gave the final and binding judgement after the review of the administrative act that ordered the expulsion in the point of view of effective legal remedy. The case requires attention as it reveals some anomalies of the Hungary administrative legal practice that are irrespective of the pandemic. The present study managed to draw attention to the issue that an essential condition for verifiability of legality and avoidance of arbitrariness is that authorities give adequate reasons for their decisions under all circumstances. To that end, it examined the issues relating to the obligation to state reasons in a decision on the expulsion of an Iranian student on grounds of public policy, public security, and it tried to evaluate the legal situation caused by the breach of the obligation as a procedural legal guarantee in the view of the national and international legal practice

  • Issue Year: 2022
  • Issue No: 2
  • Page Range: 5-24
  • Page Count: 22
  • Language: English