Formální znaky rozhodnutí podle soudního řádu správního pohledem judikatury NSS
| Title in English | Formal features of a decision under the Code of Administrative Justice in the light of the case law of the Supreme Administrative Court |
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| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | administrative decision according to Sec. 65 (1) of the Code of Administrative Justice; Code of Administrative Justice; administrative action; administrative justice |
| Attached files | |
| Description | The administrative decision according to the Code of Administrative Justice is one of the key concepts in the field of judicial control of public administration. Although the case law of administrative courts first held a material conception of the decision, which emphasizes the content of the act under consideration at the expense of its form, in recent years it has openly acknowledged the need for a certain "correction" of its extensive concept. This is in order to maintain the line between the types of action, namely an action against a decision and an action against unlawful interference. The "correction" takes place through formal criteria resulting from the case law. The paper aims to analyse selected decisions of the Supreme Administrative Court in order to abstract the individual formal criteria that serve to draw the boundaries between the related types of lawsuits. Subsequently, the effectiveness of the "correction" can be assessed, especially with regard to the protection of the public subjective rights of the parties to the proceedings. |
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