Publication details
Potenciál institutu opatření obecné povahy v oblasti regulace cen a úhrad
| Title in English | Potentiality of the Measure of a General Nature Institute in the Field of Price and Refunding Regulation |
|---|---|
| Authors | |
| Year of publication | 2012 |
| Type | Article in Periodical |
| Magazine / Source | Správní právo : odborný časopis pro oblast státní správy a správního práva |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | measures of general nature; decision; administrative procedure; price; reimbursement; pharmaceutical; medical device |
| Description | In the Article, the author focuses on theoretical analysis of particular aspects concerning measures of a general nature as well as practical possibilities of use of so called mixed legal acts as a means of realization of public administration in the field of price and refunding regulation of medicinal products and medical devices. The Article sums up basic characters of a measure of a general nature that partially arise from legal regulation in force contained in the Code of Administrative Procedure that were, in the course of time, expressed in contemporary case law. Since the material aspect prevails, the author holds the opinion that present fragmentation of forms of public administration activities in the field of price and refunding regulation of medicinal products and medical devices and other goods is not sustainable in the long term. Significant part of the Article is devoted to possibilities of use of measures of a general nature within price and refunding regulation, where the author argues against certain arguments stated bythe Supreme Administrative Court and the Constitutional Court. |
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