Simplification and acceleration procedures: licence and notification Cover Image

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

Author(s): Rita Gyurita
Subject(s): Administrative Law
Published by: UNIVERSITAS - Győr Nonprofit Kft.
Keywords: red tape reduction; notification; controlled notification; licence; enforcement of public interest;

Summary/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.

  • Issue Year: 2/2022
  • Issue No: 2
  • Page Range: 68-81
  • Page Count: 14
  • Language: Hungarian