Publication details
Náhrada nákladů řízení – odměna advokáta za uplatnění nároku na náhradu újmy u příslušeného ústředního správního úřadu.
| Title in English | Reimbursement of Costs - Renumeration of Lawyer for the Application of Claim for Damages at the Relevant Central Administrative Authority |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Bulletin advokacie |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Field | Law sciences |
| Keywords | Reimbursement of Costs |
| Attached files | |
| Description | The article deals with the question of reimbursement of costs of legal representation incurred for the purpose of claiming compensation of for material or non-material damage caused by unlawful decision or maladministration according to the Act No. 82/1998 Coll., On Liability for Damage Caused in the Exercise of a Public Authority by Decision or Maladministration, as amended, at the relevant central administrative authority. The authors first represent the current legal situation which does not allow the right to reimburse the costs of legal representation for claiming of above mentioned compensation at the relevant central administrative authority, and its practical application by courts and in the relevant case law of the Constitutional Court. Furthermore, the authors present individual reasons for the conclusion that the denying of claim of reimbursement costs of legal representation in this case is contrary to the constitution of the Czech Republic and its international obligations. In the conclusion of the text, the authors present the possibilities leading to the correction of the current state, which they consider unsatisfactory. |