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By Janos Kornai Susan Rose-Ackerman


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Draft rules need not be published, but at the same time, the administrative code requires that drafts must include reasoned justifications that include “an account of the social, economic, and financial consequences” and a report on any “social consultations or social discussions” that took place. However, these documents operate only as internal instructions to the executive branch (Galligan et al. 1998: 446). : 446, 449–50). Public Participation 15 The constitution gives citizens the right to obtain information from the state without having to show that their individual rights have been violated (Article 61).

The Administrative Court hears citizens’ complaints of mistreatment, and this will sometimes require the court to judge the validity of a general legal norm as applied in the case at hand. The Court has no formal means of resolving conflicts or obtaining a ruling with clear national impact. 17 Hungary The situation in Hungary is similar to that in Poland in that there are no general, legally enforceable participation rights in the drafting of rules and statutes. The Environmental Act (LIII/1995) and the Regional Development and Country Planning Act (XXI/1996) include some participation requirements, and several statutes provide for advisory committees.

Furthermore, at the time the institutions were designed, the model of neutral institutions was fashionable in modern democracies. Of course, the way the East European countries have drawn lessons from other democracies makes all the difference. The institutional interests of the inherited agencies helped shape the reformed institutions such as judiciaries, state prosecution, state audit agencies, and central banks that survived the fall of communism. Finally, the shrinking of government activities and large-scale privatization increased the need for regulation, which was often delegated to new neutral institutions.

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