Autonomy of local governments – fundamental constitutional right or personal right?

Abstract

The main function of local governments is autonomy. Initially, the elements of this were fundamental rights protected at the constitutional level, but today they have only become groups of powers - with a focus on local public services - which were also laid down by numerous decisions of the Constitutional Court, putting local self-government on a new foundation. In addition to constitutional law, local governments also have a special place in civil legal relationships, as they play a dual role both in terms of public law and private law. How can local government autonomy be interpreted? Can it be understood as a fundamental constitutional right or a kind of special personal right? Although CLXXXIX of 2011 on the local governments of Hungary the law - in contrast to the Constitution - grants the lawful exercise of the duties and powers defined in Article 32 (1) of the Basic Law to the constitutional court and judicial protection, in the event of an almost apparent violation of autonomy, there is currently no system that could provide effective protection as a counterweight to the central government to operating organizations. That is why, if we interpret autonomy as a special personal right, a further way can be opened in terms of ensuring the legal protection of local governments. In the study, I am looking for the answers to the above mentioned questions mainly through constitutional court decisions - based on the legal dogmatic method.