Kvalifikace hraničních úkonů správních orgánů jako překážka v přístupu k soudu?
| Title in English | Determination of border acts of administrative bodies as an impediment to the access to justice? |
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| Authors | |
| Year of publication | 2018 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | Contemporary Czech (and Slovac) legislation on administrative justice is based on the multiplicity of (basic) types of action. The task of the petitioner is, to be simple, to determine which act of administrative authorities interfered with his or her rights, thus the relevant type of action can be chosen. In most cases, the determination is a routine and basically imperceptible task, a problem can arise while determining atypical border acts. In these cases, the determination of them can be an independent legal issue, vastly exceeding with its difficulty the question whether the rights of the petitioner have been infringed. This can be a difficulty for the petitioner since his or her wrong determination of the act can lead to dismissal of the action. In this context, a question may arise whether the demand the petitioner makes the determination of border act cannot represent an interference with his or her right to the access to courts. |