Publication details
COFOLA 2023: Část 5 – Žaloba proti rozhodnutí správního orgánu (Sborník příspěvků mladých právníků, doktorandů a právních vědců)
| Title in English | COFOLA 2023: Part 5 – Action against a Decision of an Administrative Authority (Proceedings of Young Lawyers, Doctoral Students and Legal Scholars) |
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| Year of publication | 2023 |
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| Description | The conference proceedings contain nineteen peer-reviewed papers (as a rule) presented at the administrative law section of the COFOLA 2023 conference in Telč on 14 April 2023. The following is an annotation of the conference session: The year 2023, in which the conference session is held, opens the third decade of the entry into force of the Code of Administrative Justice (Act No.150/2002 Coll.). This occasion therefore offers a natural invitation to reflect on the current state of domestic administrative justice. This may not only be a reflection on the past twenty years (or on the foundations of Austrian administrative justice, on which the current form is to a considerable extent based), but also on the future. As a certain intersection of the section, the topic of an action against a decision of an administrative authority was chosen as a key aspect of the activity of administrative justice - in its so-called functional concept. It is in fact the "main" type of action in administrative justice, both historically and probably for the future. Moreover, this type of action, more than others, simultaneously reflects both the very purpose of administrative justice (in particular, the protection of public subjective rights) and its characteristic principles (e.g. the principle of subsidiarity of administrative justice and its supervisory function), as well as exceptions to them (e.g. the protection of the public interest or elements of the decision-making function). However, the concept of this action has changed over time, as has the category of administrative decision and its possible forms. In particular, the decision is not the only 'category of review' identified by the Administrative Procedure Code, and the relationship of the action against the decision to other types of proceedings in the administrative justice system is therefore also relevant. We welcome both contributions focused on a more general (theoretical) reflection on the current form or development of an action against a decision of an administrative authority (or, more generally, administrative justice in its functional concept), as well as contributions focused more practically, namely on the current challenges in providing judicial protection in various areas of the competence of administrative justice (e.g. in the form of current cases in administrative, financial or environmental law). However, contributions focusing on purely constitutional law grounds of protection against decisions of administrative authorities or contributions from the history of judicial protection are also desirable. |