Kérelmező-ügyfél-e a fogyasztó címmel jelent meg Hámori Antal írása a Jog–Állam–Politika 2024/2. számában.
Absztrakt:
There is a divergence of jurisprudence on the status of the consumer as an applicant and as a client. The issue is not only of procedural importance for administrative authorities, but also for constitutional law; among other things, the consumer’s fundamental right to a fair administrative procedure, to a decision, to a statement of reasons and to a remedy are at stake or are being undermined. The problem is also relevant to the public prosecutor’s office, which has adopted a number of positions on the law-breaking omissions of the public authority and, as a plaintiff, has also argued that the consumer (e.g. the passenger, the customer, the guest) can be a client applicant. There is also a legal dispute as to whether the provision of the act on general administrative procedure or of the socalled complaints act should be issued to the consumer if the authority takes the view that it has no jurisdiction in the „case” and that the consumer is not an applicant in the „case”, is not a customer, i.e. does the issuance of an order or the provision of an “information letter” constitutes the lawful act in this case?
Gratulálunk!