Publication details

New challenges in approaches to the right to be heard



Year of publication 2017
Type Appeared in Conference without Proceedings
Description The right to be heard in the European administrative space is not novelty. It is one of the key instruments that ensure adequate protection of the rights of participant during the proceedings before the administrative authority. This requirement is especially important in the proceedings on administrative offenses. In procedure on administrative offence can be imposed sanctions which can be similarly severe as punishment for committing crime. The basic purpose of the right to be heard is to enable the participants to raise their objections, opinions, suggestions and evidence. The aim of right to be heard is to enable participants to influence the final outcome of the proceedings. In spite of that, right to be heard is in practice of the Czech administrative authorities not always correctly applied and therefore the new legislation of offences (Act no.250/2016 Coll.) is worthy researching. The aim of this paper is to analyze the currently accepted new legislation on administrative offenses proceeding, with overlaps resulting from the Council of Europe documents and including basic comparison with the processing on administrative offenses in Germany and Poland. The impact of the case law on the adoption of new legislation will be emphasized, as well.. In addition to the basic analysis of the new legislation benefits,the authors will pay attention to the new instrument of “legal settlement” that allows the administrative authorities to approve the agreement between the offender and the injured party about committed administrative offense and the associated remedy. The new institute is worthy researching, particularly because it is one of the first attempts to adopt ADR instrument to administrative offences proceedings. This new instrument will be subject to research in terms of its comparison with the legislation in Germany and Poland. During drafting the contribution the method of analysis, deduction and comparison will be used.
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