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Protection against Inaction of Administrative Authorities
Zvoníčková, Jana ; Adamec, Martin (advisor) ; Rajchl, Jiří (referee)
1 Protection against Inaction of Administrative Authorities Abtract This thesis focuses on the issue of protection against inactivity of administrative authorities within the Czech legal system. The inactivity of administrative authorities in administrative proceedings remains a relevant phenomenon, which is, however, capable of fundamentally affecting the rights and legitimate interests of the participants involved. Therefore, it is important to devote adequate attention to this issue. This thesis provides a comprehensive overview of the protection mechanisms against administrative inactivity provided by the Czech legal order and proposes possible de lege ferenda adjustments to enhance its effectiveness. It proceeds logically, starting with the constitutional and international legal foundations of these protective measures. The analysis extends to delays occurring in ongoing administrative procedures, with a particular focus on defining and interpreting the notion of a reasonable timeframe as stipulated in Paragraph 6(1) of the Administrative Procedure Code. Additionally, it examines the prompt issuance of decisions, in accordance with Paragraph 71(1) of the Administrative Procedure Code, taking into account precedents from Czech courts and the European Court of Human Rights. It also discusses the absolute...
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Protection against unlawful failure to act in public administration
Hansel, Nona ; Mikule, Vladimír (advisor) ; Svoboda, Petr (referee)
A purpose of my thesis was an analysis of problems with legal regulation of protection against unlawful failure to act in public administration. Firstly I described institutes which should prevent illegal inactivity so I focused on regulations of time for taking a decision and other institutes, especially regulation presented by the Administrative Procedure Rules. The regulation in Administrative Procedure Rules caused a lot of questions which are nowadays answered thanks to the Highest Court of Administration and procedure according the Administrative Procedure Rules is connected with protection given by an administrative justice. In this system there is also included regulation of liability for damages caused by unlawful official procedure. The purpose of this institute is not to prevent inactivity but to compensate consequences it caused. The legislature completed this topic with a result that injured party can require (since 2006) compensation for suffering moral damage independently of property damage. We can find some positive elements of recent regulation, such as specific regulation of time for taking a decision, formulation of fundamental principles of action of administrative bodies or possibility to provide compensation of moral damages. But the regulation has imperfections too. Since basic...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Summary The public administration itself is bound by applicable laws rules. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strictly legal procedure with corresponding legal mechanisms, which aim to remedy of status cause by unlawfull action or inaction of the public administration. Moreover, if conditions laid down by European Convention on the Protection of Human Rights and Fundamental Freedoms are met, an individual has a right to apply to the European Court of Human Rights (Strasbourg) for a revision of a challenged act of public administration, which is considered to be as a final and conclusive from the point of view of national law. The object of this Thesis focuses, in particular, on analysis of individual means of protection of rights in public administration and their mutual relationships between them at level of legal regulation de lege ferenda. Also, it cannot be disregarded the assessment of effect of courts' decisions or doctrine, including stating own knowledge based on the practice particularly in the area of administrative law. The Thesis focuses on the issue of the protection of individual public rights. As a consequence, legal means designed to provide protection of law in objective sense (that is...
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Protection against unlawful failure to act in public administration
Hansel, Nona ; Mikule, Vladimír (advisor) ; Svoboda, Petr (referee)
A purpose of my thesis was an analysis of problems with legal regulation of protection against unlawful failure to act in public administration. Firstly I described institutes which should prevent illegal inactivity so I focused on regulations of time for taking a decision and other institutes, especially regulation presented by the Administrative Procedure Rules. The regulation in Administrative Procedure Rules caused a lot of questions which are nowadays answered thanks to the Highest Court of Administration and procedure according the Administrative Procedure Rules is connected with protection given by an administrative justice. In this system there is also included regulation of liability for damages caused by unlawful official procedure. The purpose of this institute is not to prevent inactivity but to compensate consequences it caused. The legislature completed this topic with a result that injured party can require (since 2006) compensation for suffering moral damage independently of property damage. We can find some positive elements of recent regulation, such as specific regulation of time for taking a decision, formulation of fundamental principles of action of administrative bodies or possibility to provide compensation of moral damages. But the regulation has imperfections too. Since basic...
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