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The Principle of Subsidiarity of the Administrative Procedure Code
Jemelka, Luboš ; Mikule, Leoš (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...
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The scope of the Administrative Procedure Code
Rosypalová, Kristýna ; Vedral, Josef (advisor) ; Svoboda, Petr (referee)
The scope of the Administrative Procedure Code Abstrakt The Administrative Procedure Code as a code of activity of public administration is not a novelty in our legal system, but perhaps that is exactly why it is appropriate to consider how far its scope of application extends. Although the definition of the scope of the Administrative Procedure Code is regulated in the first section of the Act, a closer examination will probably reveal many ambiguities or doubts as to how far its limits extend. And it is precisely the detailed breakdown of the circumstances to which the Administrative Procedure Code is applicable and under what conditions it will apply, which I have set as my goal of this rigorosum thesis. The scope of the Administrative Procedure Code can be examined from two points of view. The first of them is the material definition of the scope of the Administrative Procedure Code, that is, the definition of public administration as such, the evaluation of individual forms of its activities, the subsequent evaluation, in which cases the Administrative Procedure Code is applicable. The second point of view is the institutional definition of the scope of the Administrative Procedure Code, which goes hand in hand with the formal concept of public administration. That is, determining which authorities are...
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The Principle of Subsidiarity of the Administrative Procedure Code
Jemelka, Luboš ; Mikule, Leoš (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
Jemelka, L. The Principle of Subsidiarity of the Administrative Procedure Code, dissertation. Prague: Charles University in Prague, Law Faculty, 2012 In this dissertation I address the principle of subsidiarity of the Administrative Procedure Code, in particular I address the issue of current, previous and future application of the general rules of administrative proceedings in certain administrative proceedings and other procedures of the administrative bodies. This topic, which is close to my profession, is seen from the practical as well as from the theoretical point of view. The Czech administrative proceedings are analysed in both aspects de lege lata and de lege ferenda. In introduction of this dissertation I describe basic terms relevant for definition of the mutual relation between legal acts. I emphasize mainly the possible meaning of the term subsidiarity and particularly its meaning expressed by the rule lex specialis derogat legi generali. I also address other terms such as reference, analogy ect. Assessment of the application and subsidiarity of the Administrative Procedure Code is not limited to the current legal framework, but covers also applicability of the principle of subsudiarity of the Administrative Procedure Code in the past. It is necessary discuss the previous legal...
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