Publication details
Problémy vymezení pravomoci civilních a správních soudů
| Title in English | Troubles with delimitation of civil and administrative courts jurisdiction |
|---|---|
| Authors | |
| Year of publication | 2012 |
| Type | Article in Periodical |
| Magazine / Source | Jurisprudence |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | civil proceedings; administrative justice |
| Description | Decisions of Czech administrative authorities may be reviewed both in administrative justice and in civil procedure. Basic criterion for distinguishing between jurisdiction of administrative and civil courts lies in private or public law nature of reviewed administrative decision. Administrative courts decide on actions against decisions of public authorities in public law cases, while civil courts review decisions in private law cases. This criterion is vague and inaccurate, and brings a lot of problems leading into useless reduction of judicial protection. The article deals with these problems and comes to the conclusion that aforementioned dualism of review of administrative decisions should be removed and that decisions of public authorities ought to be reviewed only in administrative justice. |