Publication details

COFOLA 2023. Část 5 – Žaloba proti rozhodnutí správního orgánu

Title in English COFOLA 2023. Part 5 – Action against the Decision Authority of an Administrative Body


Year of publication 2023
Type Editorship of scientific publication
Description The topic of an action against the decision of an administrative authority was chosen for this collection as a key aspect of the activity of administrative justice - its so-called functional concept. This is 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 the 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 'review category' identified by the Administrative Procedure Code, and the relationship between the action against the decision to other types of proceedings in the administrative justice system is therefore also relevant.

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