Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic

One of the three most important types of actions in the Czech administrative judiciary is the action for protection against the inaction of an administrative body. Judicial protection follows on from the protection within the administrative proceedings (according to the Administrative Procedure Code...

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Main Author: Kateřina Frumarová
Format: Article
Language:English
Published: Comenius University in Bratislava, Faculty of Law 2021-12-01
Series:Bratislava Law Review
Subjects:
Online Access:https://blr.flaw.uniba.sk/index.php/BLR/article/view/252
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author Kateřina Frumarová
author_facet Kateřina Frumarová
author_sort Kateřina Frumarová
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description One of the three most important types of actions in the Czech administrative judiciary is the action for protection against the inaction of an administrative body. Judicial protection follows on from the protection within the administrative proceedings (according to the Administrative Procedure Code). Its entrenchment in the Czech law in 2002 was a huge positive. Nevertheless, in practice there are some controversial issues or issues for discussion which relate to this action. The article analyses the essence of this action, its conditions and hearing in court. However, the main attention is paid to the problematic aspects of the action, both those regarding its legislation and those arising from the practice and case law relating to protection against administrative inaction.
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spelling doaj.art-30a945eedbbd4c968952207cf54f98182022-12-21T20:12:22ZengComenius University in Bratislava, Faculty of LawBratislava Law Review2585-70882644-63592021-12-015210.46282/blr.2021.5.2.252Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech RepublicKateřina Frumarová0Palacký UniversityOne of the three most important types of actions in the Czech administrative judiciary is the action for protection against the inaction of an administrative body. Judicial protection follows on from the protection within the administrative proceedings (according to the Administrative Procedure Code). Its entrenchment in the Czech law in 2002 was a huge positive. Nevertheless, in practice there are some controversial issues or issues for discussion which relate to this action. The article analyses the essence of this action, its conditions and hearing in court. However, the main attention is paid to the problematic aspects of the action, both those regarding its legislation and those arising from the practice and case law relating to protection against administrative inaction.https://blr.flaw.uniba.sk/index.php/BLR/article/view/252administrative authorityinactionjudicial protectionadministrative judiciarycomplaint for protection against inaction of administrative authority
spellingShingle Kateřina Frumarová
Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic
Bratislava Law Review
administrative authority
inaction
judicial protection
administrative judiciary
complaint for protection against inaction of administrative authority
title Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic
title_full Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic
title_fullStr Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic
title_full_unstemmed Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic
title_short Problematic Aspects of Judicial Protection against the Inaction of Administrative Authorities in the Czech Republic
title_sort problematic aspects of judicial protection against the inaction of administrative authorities in the czech republic
topic administrative authority
inaction
judicial protection
administrative judiciary
complaint for protection against inaction of administrative authority
url https://blr.flaw.uniba.sk/index.php/BLR/article/view/252
work_keys_str_mv AT katerinafrumarova problematicaspectsofjudicialprotectionagainsttheinactionofadministrativeauthoritiesintheczechrepublic