Remonstrance Against Decisions Made by Central Administrative
Bodies in the Czech Republic

J 2014

Remonstrance Against Decisions Made by Central Administrative Bodies in the Czech Republic

SKULOVÁ, Soňa, Lukáš POTĚŠIL and David HEJČ

Basic information

Original name

Remonstrance Against Decisions Made by Central Administrative Bodies in the Czech Republic

Name in Czech

Rozklad proti rozhodnutím vydaným ústředními správními orgány v České republice

Authors

SKULOVÁ, Soňa (203 Czech Republic, guarantor, belonging to the institution), Lukáš POTĚŠIL (203 Czech Republic, belonging to the institution) and David HEJČ (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/00216224:14220/14:00073688

Organization unit

Faculty of Law

Keywords in English

remonstrance; appeal; administrative procedure; central administrative authority; legality; effectiveness

Abstract

V originále

The remonstrance is traditional standard (ordinary) remedial measure which can be (only) applied after the first instance decision has been issued by central administrative body. The article is heading to verify the hypothesis whether the remonstrance does reflect the principle of two instances in entirety. As the finding of the research it can be pointed out that the remonstrance represents relative exclusion of the principle of two instances, which is applied only in a modified form, as the remonstrance is not decided by any higher, independent administrative authority, but by the identical central administrative body, namely by its head, not by its remonstrance committee, which issues “only” recommendations/advices. We concluded that possible solutions are either transformation remonstrance committees into administrative bodies/tribunals, or rules providing the central administrative bodies do not make first instance decisions.

Links

GA13-30730S, research and development project

Name: Prostředky ochrany subjektivních práv ve veřejné správě, jejich systém a efektivnost

Investor: Czech Science Foundation

Citovat

SKULOVÁ, Soňa, Lukáš POTĚŠIL and David HEJČ. Remonstrance Against Decisions Made by Central Administrative Bodies in the Czech Republic. International Public Administration Review. Ljubljana: University of Ljubljana, Faculty of Administration, 2014, vol. 12, 2-3, p. 123-142. ISSN 2335-3414.

@article{1185723,
   author = {Skulová, Soňa and Potěšil, Lukáš and Hejč, David},
   article_location = {Ljubljana},
   article_number = {2-3},
   keywords = {remonstrance; appeal; administrative procedure; central administrative authority; legality; effectiveness},
   language = {eng},
   issn = {2335-3414},
   journal = {International Public Administration Review},
   title = {Remonstrance Against Decisions Made by Central Administrative Bodies in the Czech Republic},
   url = {http://www.fu.uni-lj.si/en/publishing-center/international-public-administration-review/current-issue/},
   volume = {12},
   year = {2014}
}

TY  - JOUR
ID  - 1185723
AU  - Skulová, Soňa - Potěšil, Lukáš - Hejč, David
PY  - 2014
TI  - Remonstrance Against Decisions Made by Central Administrative Bodies in the Czech Republic
JF  - International Public Administration Review
VL  - 12
IS  - 2-3
SP  - 123-142
EP  - 123-142
PB  - University of Ljubljana, Faculty of Administration
SN  - 23353414
KW  - remonstrance
KW  - appeal
KW  - administrative procedure
KW  - central administrative authority
KW  - legality
KW  - effectiveness
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  - The remonstrance is traditional standard (ordinary) remedial measure which can be (only) applied after the first instance decision has been issued by central administrative body. The article is heading to verify the hypothesis whether the remonstrance does reflect the principle of two instances in entirety. As the finding of the research it can be pointed out that the remonstrance represents relative exclusion of the principle of two instances, which is applied only in a modified form, as the remonstrance is not decided by any higher, independent administrative authority, but by the identical central administrative body, namely by its head, not by its remonstrance committee, which issues “only” recommendations/advices. We concluded that possible solutions are either transformation remonstrance committees into administrative bodies/tribunals, or rules providing the central administrative bodies do not make first instance decisions.
ER  -

SKULOVÁ, Soňa, Lukáš POTĚŠIL and David HEJČ. Remonstrance Against Decisions Made by Central Administrative Bodies in the Czech Republic. \textit{International Public Administration Review}. Ljubljana: University of Ljubljana, Faculty of Administration, 2014, vol.~12, 2-3, p.~123-142. ISSN~2335-3414.

Detailed Information on Publication Record