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Supreme Court Annuls Parts of Budapest Decree on Parking

MTI-Hungary Today 2020.06.28.

The Kúria, Hungary’s supreme court, has annulled a provision of a metropolitan council decree regulating the employment of traffic wardens by district local councils.

The court’s June 9 decision notes that the Budapest assembly had amended a decree on parking, parking fees and the storage of immovable vehicles. Under that decree, traffic warden duties may only be carried out by local councils, bodies set up by local councils specifically for this purpose, local council-owned companies or their subsidiaries, local council-run associations or a public space supervision authority.

Last February, the Budapest government office warned the municipal assembly that the amendment of the decree was unlawful. However, the government office argued that the amendment was unconstitutional and also violated the laws on local governments, public road traffic and legislation. It said the municipal council overstepped its authority of governance by drafting mandatory regulations for the local councils of Budapest’s districts regarding the public service provider responsible for street parking.

In the proceedings, the metropolitan council argued that the regulation of the parking system was its own responsibility and that this included the operations of the parking system as well. It insisted that the decree on parking was not in conflict with any higher-level legislation.

In its decision on the issue, the Kúria’s Local Government Council sided with the government office, and annulled the contested provision of the amendment to the decree on parking that would have entered into effect on July 1.

In its justification, the Kúria said the operation of the street parking system was the responsibility of district local councils, rather than the Budapest metropolitan council.

featured photo: Balázs Mohai/MTI