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Decision, Unlawful Interference and Failure to Act under the Code of Administrative Justice and Types of Administrative Actions
Peroutka, Jan ; Vedral, Josef (advisor) ; Adamec, Martin (referee)
Decision, Unlawful Interference and Failure to Act under the Code of Administrative Justice and Types of Administrative Actions SUMMARY This thesis deals with the concepts of decision, failure to act and unlawful interference by which administrative authorities may unlawfully interfere in subjective public rights; and with types of legal actions that may be used to resists these acts and/or delays by administrative authorities, as well as the relationships between those and the possible choice. According to lawmakers, the introduction of different types of actions was intended to ensure that nobody was deprived of the right of access to court. This undoubtedly increased individual procedural guarantees; however, there still might have been cases where a lawsuit was dismissed solely on procedural grounds - i.e., choosing the incorrect type of action, as courts applied the doctrine of strict inadmissibility. The Supreme Administrative Court has reacted to this and, together with the Constitutional Court of the Czech Republic, overcame this doctrine. The primary objective of this thesis is to analyse how the current case law regarding the choice of action type is applied, whether it actually leads to the intended goal in all cases and whether there might be room for an overall review of the administrative...
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The protection of land ownership rights against unlawful interference
Frýba, Milan ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
The thesis deals with the protection of land ownership rights against unlawful interference. The aim of the thesis is to present and analyze interference with land ownership and outline means of protection against unlawful interference. This thesis pays attention to new Civil Code and comparison with current regulation. Thesis also includes relevant decisions issued by the Supreme Court, the Supreme Administrative Court and the Constitutional Court of the Czech Republic with regard to protection of land ownership. The thesis is composed of three main parts. The first part is introductory and defines basic terminology used in the thesis. This part describes land ownership and its specific features. The following part describes and anylyzes what is meant by interference with land ownership. This part ilustrates interference allowed or recognized by law and unlawful interference. The interference with land ownership can be caused by public authority or by other people. This part also explores interference with land ownership within neighbour relations. Special attention is given to interference with ownership regarding entry to land, on the basis of selected legal regulations that are related to land ownership and environmental law. The third part is subdivided into two subparts and provides overview...
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Judicial review of unlawful interference in public administration
Trejbalová, Karolína ; Pomahač, Richard (advisor) ; Pítrová, Lenka (referee)
Judicial review of unlawful interference in public administration Abstract The thesis aims at complex description of the judicial review of unlawful interference in public administration within the system of Czech administrative justice. The thesis is divided into three main parts, each of them is further divided into other chapters. The judicial review of unlawful interference is special type of action in Czech administrative justice. The thesis firstly describes what kind of activity of administrative body can be considered as unlawful interference and provides concrete examples formulated by The Supreme Court of Administrative Justice. The thesis also deals with unlawful interferences in tax search and their specifics as well as unlawful interference of security forces. The thesis also shows what can't be considered as an unlawful interference. Next, there is a short description of history of judicial review of the unlawful interference. The second part deals with the process of judicial review, jurisdiction of court, requirements of the action and its acceptability. The thesis is systematically structured based on Administrative Justice Procedure Act. The thesis describes differences between two types of action against unlawful interference. Thesis also provides information about differences between...
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The protection of land ownership rights against unlawful interference
Frýba, Milan ; Franková, Martina (advisor) ; Humlíčková, Petra (referee)
The thesis deals with the protection of land ownership rights against unlawful interference. The aim of the thesis is to present and analyze interference with land ownership and outline means of protection against unlawful interference. This thesis pays attention to new Civil Code and comparison with current regulation. Thesis also includes relevant decisions issued by the Supreme Court, the Supreme Administrative Court and the Constitutional Court of the Czech Republic with regard to protection of land ownership. The thesis is composed of three main parts. The first part is introductory and defines basic terminology used in the thesis. This part describes land ownership and its specific features. The following part describes and anylyzes what is meant by interference with land ownership. This part ilustrates interference allowed or recognized by law and unlawful interference. The interference with land ownership can be caused by public authority or by other people. This part also explores interference with land ownership within neighbour relations. Special attention is given to interference with ownership regarding entry to land, on the basis of selected legal regulations that are related to land ownership and environmental law. The third part is subdivided into two subparts and provides overview...
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