Publication details
Vliv soudů na vývoj soudního řádu správního
| Title in English | The influence of courts on the development of the Administrative Procedure Code |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Proceedings |
| Conference | Olomoucké právnické dny 2019 |
| Citation | |
| Keywords | Judgments, Supreme Administrative Court, Administrative Procedure Code, action against unlawful interference, hedge commands |
| Description | The contribution devotes to the influence of judgements particularly Supreme Administrative Court and Constitutional Court on the legal regulation of Administrative Procedure Code. The first chapter deals with formation od Administrative Procedure Code, whose enactment was accelerated by judgment of the Constitutional Court. The second chapter deals with issues of action against unlawful interference, especially option to seek issuing declaratory statement of the unlawful interference. Until 2011 claimant could demand only protection against lasting interference, alternatively against interference, with risk of repetition of interference. Since 2012 the next option to seek protection against terminated interference has became available. In the third chapter I focuse on legal regulation of hedge commands in the Tax Code, which legal regulation should be transfered to the Administrative Procedure Code. Consideration about transmission of decision-making power from executive branch of government to judicial branch of government arised with connection of numerous judicial decision revoking unlawful hedge commands. The last chapter devotes to issues of agreements according to Building Act and their judicial review. Protection against unlawful agreements is provided by action against unlawful interference. It brought lack of protection claimant´s rights. Judgments stands now before important question, i.e. which type of action should provide protection against unlawful agreements. |