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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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
Original language English
Type of outcome Article in a journal
Field of Study 50500 5.5 Law
Country of publisher Slovenia
Confidentiality degree is not subject to a state or trade secret
WWW URL
RIV identification code RIV/00216224:14220/14:00075630
Organization unit Faculty of Law
Keywords in English legal remedy; appeal; remonstrance; comments; objections
Tags rivok
Tags International impact, Reviewed
Changed by Changed by: JUDr. David Hejč, Ph.D., učo 206607. Changed: 24/3/2015 12:17.
Abstract
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 MUName: Efektivnost návrhových prostředků ochrany proti nepravomocným správním aktům (Acronym: ENPO)
Investor: Masaryk University, Category A
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