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Action for protection against unlawful interference
Procházková, Františka ; Pítrová, Lenka (advisor) ; Rajchl, Jiří (referee)
Action for protection against unlawful interference Abstract This thesis which is called "The action against unlawful interference" deals with the procedure of judicial protection against unlawful interference, instruction or coercion of administrative authority and its effectiveness, particularly concerning the protection of public rights. The thesis is divided into seven chapters with an introduction and a conclusion. The introduction sums up the aims of this work and briefly presents the content of each chapter. The first chapter describes the term interference as understood by the Code of Administrative Judicial Procedure and by legal theory. In this chapter, there is also a list of case law examples of unlawful interference. The second chapter contains a brief summary of the history of administrative judicial procedure in this region. The third chapter summarises the protection against unlawful interference legislation which is enacted in Article 82 and following of the Code of Administrative Judicial Procedure. The fourth chapter presents the problematic application of legal action against unlawful interference. The negative consequence of using the term administrative decision in the material sense and disunited judicial practise of the court's obligation to instruct about the possible change of type...
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Action for protection against unlawful interference
Fencáková, Silvia ; Rajchl, Jiří (advisor) ; Balounová, Jana (referee)
Action for protection against unlawful interference Abstract This thesis deals with the topic of protection against unlawful interference, instruction or coercion of an administrative authority pursuant to Section 85 et seq. of Act No. 150/2002 Coll., Administrative Procedure Code. The first chapter defines the key elements of a factual intervention as one of the forms of public administration activities, doing so primarily by theoretical comparison with an administrative decision. The chosen approach is primarily guided by the negative definition of factual intervention by an administrative authority contained in Section 85 of the Administrative Procedure Code, which contraposes it with an administrative decision. The first chapter also includes an in-depth analysis of three model examples representing atypical forms of public administration activity, against which, based on the conclusions of court practice, an action for interference may be brought. The second chapter discusses the position of an action for interference within the three basic types of administrative actions, and its relationship to an action against a decision and an action against the inaction of an administrative authority. It also does so on the basis of an analysis of the judicial interpretation of the concept of an administrative...
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