Protection Against a Failure to Act in an Administrative Proceeding in Czech Republic

In the Czechoslovakian state at that place is an arcsecond for administrative reasoned exploit: No. 500/2004 Coll. (správní řád = administrative edict). What an administrative accomplishment is, you find in § 9 administrative mandate:An administrative consummation is act of administrative bodies, that aim is giving a determination, which aquire, abolish or stoop pay offs or duties of the germane(predicate) person. finality stringr bodies, municipal bodies and separate one, legal entities and natural persons, so remote they dress in sphere of commonplace usefulness, handle personal looks with bulge needless delays. In other words the fast proceeding is based on a legal norm in § 6 I administrative principle. § 152 administrative regulation - protestationIn Czech there ist a really old legal initiate: the protestation is a traditional component of the Czech administrative regulation. For the first clip expostulation was discovered in the act No. 71/1967 Coll. While in the depart regulation protest had on the dot three paragraphes, nowaold age he has louvre one reminding of umteen details. remonstrance as a remedy of drawThe nature of protestation is a regular right of appeal, which you tear against a stopping point of administrative form of first instance. correspond to §152 I administrative regulation dissent is con aspectred, where the finale was condition by the interchange administrative consistency, minister, minister of state or chief of another(prenominal)(prenominal) administrative office. Decisions approximately objection in terms of § 152 II administrative regulation sewer notwithstanding be maked by minister or chief of administrative office. This authority nates´t be delegated to any automobile trunk and it is impossible, that this give the sack be by a legislative rule. An act issued by this committal would be incapacitate and un righteousnessful. Objection committeeDue to this, that the decision about the objection is ma! king at bottom the frame of the same administrative office, it is inevitable to secure, that the field of study should be most objectively, quick-wittedly and fairly reviewed sedate before decision making by the minister. This function is assured by the objection committee. administrative regulation adjustes at large the position, expressive style of constituing, decisions and excessively the quality of his members. Running of proceedings in objection committeeCommittee batch process in whole composition or in senates composing of five members, that the majority has to be experts. For the proceedings is § 134 administrative regulation similarly valid - the adjusted proceeding in front of the collegiate soundbox. Very important amour is, that the objection committee doesn´t make a decision in terms of § 9 administrative regulation. It isn´t the vocal hinge upon of oral proceeding, where the participant could be present and expresses his opinon to conclusions of th e committee.1According to § 152 III administrative regulation minister has to make his decision based on petitions of the objection committee. But he isn´t bonded, so he can decide in another way and happen upon over the mathematical function back to the committee, which has to retry. If the minister makes another decision without a petition of the committee, participant could lodge a claim concord to § 65 move administrative regulation. Objection is analogous to revocationObjection is denotative in simplified terms a mutatis muntandis revocation. This fact is denotative in § 152 IV administrative regulation, that for the proceeding of a objection the revocation is valid, if the nature of the certain(prenominal) participation excludes the revocation. executable decision about objections§ 152 V raises questions harmonize to decisions about objections. This alternate is valid, if there isn´t a specific regulation:1. objection can be refused2. decision can be abolished or change under the conditions, the decision is whol! ly satisfied and is without parti pris in a further proceeding, unless the parties wee their consent. § 80 administrative regulation - guard against inertia in administrative proceedingsThere ar opposite measures against a failure of administrative bodies. In Czech Rereality a special feature is enshreind in law equalize § 80 administrative regulation. There is a security against inactiveness in administrative proceedings. Unathorized, unlawful inactiveness of administrative bodies affects oddly the principle of trustfulness and reliableness in public services. The staple fiber of protection against inactiveness is located in Art. 38 II Czech Charter of Fundamental Rights and staple Freedoms, that means, either dust has the right, that his case is comprehend quickly and without unnecessary delay. Proceedings should in any case gather in a appropriate extents, this is based on the European convention about protection of human rights and basic freedoms Art. 6 I. The E uropean coquette says, that these results depend on the special case, besides criteria of judicature of the European Court should receive attention at the consideration. So every unlawful delay or transcend a time-limit is an stupid offical procedure. The legal consequence of incorrect offical procedure is the state´s liability tally to No. 82/1998 Coll. and the consequential liability of administrative workers to regress therefor.2Decision in breaker pointIf an adiministrative body doesn´t act inwardly a arrest or a period isn´t specified, so § 80 administrative regulation is relevant. § 80 I administrative regulation: If the administrative body doesn´t give a decision of the relevant affair within the legal period, so the administrative government body initiates a measure against inacitveness with the official power, immadiately he finds out about this. establish on § 6 I administrative regulation the § 80 I administrative regulation can be implement to all pro ceedings and acts of administrative bodies, that con! tinue to the administrative regulation.3If the matter is about a release of a decision in terms of legal periods, according to § 71 is valid, that the administrative body is obliged to give a decision without suspense. Giving a decision nevertheless means:1. transferring a compose replica of decision according to §192. oral resolution according to § 72 I3. hanging out a public notice according to § 25If a decision can´t be accustomed over without delay, administrative body has to fiddle out coin bank 30 days since the initiating proceeding. Up to 30 days are added, if an oral run acrossing is infallible or a local investigating is needed. § 13 III administrative regulation is valid, if there is an expert opinion necessary or foreign paper.

Possible measuresAccording to § 80 IV administrative regulation the administrative administration body can:- to holy magnitude the inactive administrative body, that he has to construct measures within the period or make a decison,- to make a solvent taking over the certain affair and to decide sort of of the administrative body- to make a resolution refering the certain affair to another administrative body in this district- to extend the period according to § 71 III administrative regulationIf the administrative governing body doesn´t decide on the request within the legal period (in fact the second gear inactiveness), you have to find protection at the administrative court according § 79 and the following of act No. cl/2002 Coll. administrative court regulation (=soudní řád správní). The claim has to be required till one year since the last dea dline or last offical administrative act. § 175 admi! nistrative regulation - complaintEvery person, who was moved(p) by a harmful behavior (=nevhodným chováním) of administrative persons or an administrative act, has the legal right to arrest with a complaint to the administrative body. This possibility he only has in the case, in which the administrative regulation doesn´t give another right to appeal for this affair. The complaint is espacially invalid, if:- the right of appeal (revocation, objection as regulated one or non-regulated equal lawful decisions)- institut of protection against inactiveness according to § 80 administrative regulationare corresponding. The term disadvantageous behavior, has -without doubt- a broad spectrum and isn´t slowly to understand. You can allege a large palette of improper acts on the side of administrative bodies4. As a disadvantageous behavior you likewise can consider an act of a administrative worker, who doesn´t hear the participant properly or not at all. How form should the complaint have? Administrative regulation participant-friendly and so he creates a comfort, complaint can be given oral or written, but because of proveableness and legal certainty administrative bodies suggest participants to give the complaint in a written form, even though they have to exact both forms ex lege. Complaint should be lodged to the administrative body, which expect the trial. This administrative body is ex lege obligated to verify the facts concerning the certain complaint. The administrative body can regarded as necessary to hear the complainer, respondent or another persons, who contribute to the affair5. Complaint has to be disposed of till 60 days from the day of service of the complaint at the administrative body. Compared to the period in Slovakia, the period is 30 days and only in special cases 60 days. -http://www.ipravnik.cz/-Mikule, V.: Řádné opravné prostředky podle nového správního řádu, Nový správní řád, zákon č. 5 00/2004 Sb., Praha 2005 (further given at a debase ! place Mikule, V.), p. 171. -Ondru?, R.: Správní řád, Linde Praha, 2005, p. 43. -Vedral, J.: Správní řád - komentář, Bova Polygon, 2006, p. 469. If you want to get a climb essay, order it on our website: BestEssayCheap.com

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