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Forms of protection of rights in the administrative judicial review
Codl, Daniel ; Kryska, David (referee)
Forms of protection of rights in the administrative judicial review This thesis treats about the regulation of legal actions in the Code of Administrative Judicial Procedure with emphasis on problems related to the choice of the correct legal action type (against a decision, for protection against inaction and for protection against unlawful interference) in borderline cases in which is difficult to determine a form of administrative activity. The main goal is to analyze if it is possible to construct a universal type of administrative legal action, or at least to propose a solution that will make different types of administrative legal actions more permeable. The first part deals with key procedural institutes that are common to all types of actions. In particular it is the concept of public right, which is the basis of active standing to bring an action, and all other legal regulation derives from it. This also includes the issue of suspensory effect and interim measures, as well as incidental review of measures of a general nature. The issue of an administrative action in the public interest, which is only related to an action against a decision, cannot be neglected, although other activities of the administration may also detriment the public interest. In the second part, the thesis deals with...
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Forms of protection of rights in the administrative judicial review
Codl, Daniel ; Pítrová, Lenka (advisor) ; Pomahač, Richard (referee) ; Vondráček, Jaroslav (referee)
Forms of protection of rights in the administrative judicial review This thesis treats about the regulation of legal actions in the Code of Administrative Judicial Procedure with emphasis on problems related to the choice of the correct legal action type (against a decision, for protection against inaction and for protection against unlawful interference) in borderline cases in which is difficult to determine a form of administrative activity. The main goal is to analyze if it is possible to construct a universal type of administrative legal action, or at least to propose a solution that will make different types of administrative legal actions more permeable. The first part deals with key procedural institutes that are common to all types of actions. In particular it is the concept of public right, which is the basis of active standing to bring an action, and all other legal regulation derives from it. This also includes the issue of suspensory effect and interim measures, as well as incidental review of measures of a general nature. The issue of an administrative action in the public interest, which is only related to an action against a decision, cannot be neglected, although other activities of the administration may also detriment the public interest. In the second part, the thesis deals with...
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