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Judicial review of the decisions of public authorities in matters of private law
Křišťanová, Natálie ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
The presented dissertation deals with the current legislation of judicial review of administrative decisions in civil matters, which is incorporated into the fifth part of the Code of Civil Procedure. The introduction outlines the historical context of this legislation, as well as the fundamental motives that led to the formation of the current form of the evaluated legal regulations. Attention is also given to specific issues related to the chosen topic, in particular the question of dualistic concept of judicial protection, adopted within the reform of the administrative judiciary effective from 1st January 2003, as well as the issues of a conflict of jurisdictions, which is one of the consequences of exclusion of the review of decisions of public authorities about private individual rights from the jurisdiction of courts deciding in administrative judiciary, and assigning this agenda to civil courts, which occurred within the context of the mentioned reform. The focus of this work is to describe the valid and effective fifth part of the Code of Civil Procedure, within which a special emphasis is placed on the problematic aspects of this legislation. The main aim will be to clarify or explain controversial provisions, if needed using case law, as well as the publications expressing sometimes conflicting...
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Judicial review of the decisions of public authorities in matters of private law
Křišťanová, Natálie ; Winterová, Alena (advisor) ; Frintová, Dita (referee)
The presented dissertation deals with the current legislation of judicial review of administrative decisions in civil matters, which is incorporated into the fifth part of the Code of Civil Procedure. The introduction outlines the historical context of this legislation, as well as the fundamental motives that led to the formation of the current form of the evaluated legal regulations. Attention is also given to specific issues related to the chosen topic, in particular the question of dualistic concept of judicial protection, adopted within the reform of the administrative judiciary effective from 1st January 2003, as well as the issues of a conflict of jurisdictions, which is one of the consequences of exclusion of the review of decisions of public authorities about private individual rights from the jurisdiction of courts deciding in administrative judiciary, and assigning this agenda to civil courts, which occurred within the context of the mentioned reform. The focus of this work is to describe the valid and effective fifth part of the Code of Civil Procedure, within which a special emphasis is placed on the problematic aspects of this legislation. The main aim will be to clarify or explain controversial provisions, if needed using case law, as well as the publications expressing sometimes conflicting...
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