The main objective of the course is to acquaint students with administrative procedural law, not only in terms of theoretical-law, but especially from the practical point of view. The course respects performed changes in the transformation of public administration, especially
in connection with the adoption of Law No. 500/2004 Coll. Administrative Procedure Code, as amended.
From the structural point of view the course can be divided into several thematic units.
In the first one students will become acquainted with the basic concepts and principles of public administration and administrative proceedings, as well as with the entities active in administrative proceedings. Another unit is devoted to the proceedings taking place before the administrative authorities where two perspectives have been adopted. The subject matter is viewed both from the point of view of general administrative proceedings (including special provisions introduced by the new edition of Administrative Procedure Code) and the special proceedings point of view (especially application for a building permit procedure, Land Cadaster proceedings, etc.) In this unit students will become familiar with the procedure applied before the start of proceedings, the course of proceedings in the first instance, as well as decision-making in public administration. The follow up thematic unit logically takes a look at control mechanisms implemented to check public administration execution, especially remedies, including court review. The final thematic unit deals with follow-up institutions, especially filing of complaints, public contracts, general measures, execution of administration and other questions related to administrative procedure.
At the end of the course the students will be able to work with the sources of the administrative procedural law in order to interpret and apply them in concrete cases.
1. Concept and nature of administrative procedure - public
administration - state administration and local authorities, administrative authorities - basic concepts and institutes, principles.
2. Bodies of administrative proceedings - parties to proceedings -
3. Legal acts of the parties - elements of legal acts - drafting an application, practical examples.
5. Specific provisions on administrative proceedings. A mid-term
test - a joint action, contentious proceedings, on the spot proceedings, etc. - public authorities concerned - obtaining evidence, explanation, binding opinion.
6. Application for a building permit procedure - subsidiarity of Code of Administrative Procedure - comparison with general administrative proceedings, diversity - practical examples.
7. Cadastral proceedings- subsidiarity of
Code of Administrative Procedure - comparison with general administrative proceedings, diversity - practical examples.
8. Hearing of an administrative delict - subsidiarity of Code of Administrative Procedure - comparison with general administrative proceedings, diversity - practical examples.
9. Decision-making and decision in public administration -
types of decisions - legal
power and enforceability of decision.
10. Regular remedial measures - elements -
proceedings - drafting an appeal, remonstrance.
11. Extraordinary remedial measures - elements -
new trial, review proceedings - failure to act by
administrative authority and defence against it.
12. Judicial scrutiny of public administration - administrative justice - constitutional justice - drafting an application to court.
13. Lodging complaints and other options of defence by
participants in administrative proceedings - protection of participants in administrative proceedings - public guardian of rights - right to information.
Lectures are scheduled in two blocks according to the following topics:
A. Topics 1 – 6, B. Topics 7 – 13.
A more detailed timetable is included in the Distant-Study Manual.
FOLTAS, Tomáš and Lukáš HLOUCH. Základy správního procesu. Brno: Václav Klemm - Vydavatelství a nakladatelství, 2009. 239 pp. ISBN 978-80-904083-1-9. info
SKULOVÁ, Soňa, Petr PRŮCHA, Petr HAVLAN, Jana JURNÍKOVÁ and Stanislav KADEČKA. Správní právo procesní. Plzeň: Vydavatelství a nakladatelství Aleš Čeněk, 2008. 428 s. ISBN 978-80-7380-110. info
Lectures, readings, person-to-person tuition, homeworks, partial written proofs, data mining.
The course is carried out through distance learning.
It finishes with a written exam. Students are allowed to take the final exam after the seminar work meeting all the requirements has been completed, handed over and marked by a tutor (POT) within a set time schedule.
The detailed information on the seminar work (POT) and the exam is included in the respective interactive syllabus (IS MU).
Further comments (probably available only in Czech)
The course is taught annually.
General note: Nezapisují si studenti, kteří absolvovali předmět KPSPPR.