Dispositional Instruments of Protection against Administrative
Acts (not in Legal Force) and their Effectiveness

J 2014

Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness

KADEČKA, Stanislav, David HEJČ, Klára PROKOPOVÁ and Jiří VENCLÍČEK

Basic information

Original name

Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness

Authors

KADEČKA, Stanislav (203 Czech Republic, guarantor, belonging to the institution), David HEJČ (203 Czech Republic, belonging to the institution), Klára PROKOPOVÁ (203 Czech Republic, belonging to the institution) and Jiří VENCLÍČEK (203 Czech Republic, belonging to the institution)

Edition

International Public Administration Review, Ljubljana, University of Ljubljana, Faculty of Administration, 2014, 2335-3414

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50500 5.5 Law

Country of publisher

Slovenia

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

URL

RIV identification code

RIV/00216224:14220/14:00075630

Organization unit

Faculty of Law

Keywords in English

legal remedy; appeal; remonstrance; comments; objections

Abstract

V originále

Public administration is often implemented through the issuing of public acts of a unilateral and binding character. Within public administration, however, legal instruments by which those for whom the administrative acts are binding can defend themselves against any illegality or irregularity of the mentioned administrative acts, are also (must be) provided. The existence and proper effectiveness of these legal instruments can be regarded as a necessary part (sine qua non) of the democratic rule of law. The paper is concerned with the so-called dispositional legal instruments of protection against the administrative acts which are not yet in legal force and their effectiveness. Article's major finding consists in fact, that the effectiveness of dispositional instruments of protection could be limited by absence of devolutive effect, or guarantee of independence in organizational arrangement between first and second instance administrative bodies.

Links

MUNI/A/0896/2012, interní kód MU

Name: Efektivnost návrhových prostředků ochrany proti nepravomocným správním aktům (Acronym: ENPO)

Investor: Masaryk University, Category A

Citovat

KADEČKA, Stanislav, David HEJČ, Klára PROKOPOVÁ and Jiří VENCLÍČEK. Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness. International Public Administration Review. Ljubljana: University of Ljubljana, Faculty of Administration, 2014, vol. 12, 2-3, p. 99-122. ISSN 2335-3414.

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   author = {Kadečka, Stanislav and Hejč, David and Prokopová, Klára and Venclíček, Jiří},
   article_location = {Ljubljana},
   article_number = {2-3},
   keywords = {legal remedy; appeal; remonstrance; comments; objections},
   language = {eng},
   issn = {2335-3414},
   journal = {International Public Administration Review},
   title = {Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness},
   url = {http://www.fu.uni-lj.si/en/publishing-center/international-public-administration-review/current-issue/},
   volume = {12},
   year = {2014}
}

TY  - JOUR
ID  - 1184754
AU  - Kadečka, Stanislav - Hejč, David - Prokopová, Klára - Venclíček, Jiří
PY  - 2014
TI  - Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness
JF  - International Public Administration Review
VL  - 12
IS  - 2-3
SP  - 99-122
EP  - 99-122
PB  - University of Ljubljana, Faculty of Administration
SN  - 23353414
KW  - legal remedy
KW  - appeal
KW  - remonstrance
KW  - comments
KW  - objections
UR  - http://www.fu.uni-lj.si/en/publishing-center/international-public-administration-review/current-issue/
L2  - http://www.fu.uni-lj.si/en/publishing-center/international-public-administration-review/current-issue/
N2  - Public administration is often implemented through the issuing of public acts of a unilateral and binding character. Within public administration, however, legal instruments by which those for whom the administrative acts are binding can defend themselves against any illegality or irregularity of the mentioned administrative acts, are also (must be) provided. The existence and proper effectiveness of these legal instruments can be regarded as a necessary part (sine qua non) of the democratic rule of law. The paper is concerned with the so-called dispositional legal instruments of protection against the administrative acts which are not yet in legal force and their effectiveness. Article's major finding consists in fact, that the effectiveness of dispositional instruments of protection could be limited by absence of devolutive effect, or guarantee of independence in organizational arrangement between first and second instance administrative bodies.
ER  -

KADEČKA, Stanislav, David HEJČ, Klára PROKOPOVÁ and Jiří VENCLÍČEK. Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness. \textit{International Public Administration Review}. Ljubljana: University of Ljubljana, Faculty of Administration, 2014, vol.~12, 2-3, p.~99-122. ISSN~2335-3414.

Detailed Information on Publication Record