Nezákonný zásah a správní uvážení – několik poznámek k přezkumu správního uvážení v řízení o zásahové žalobě
| Title in English | Unlawful interference and administrative discretion - some remarks on the review of administrative discretion in proceedings concerning protection against unlawful interference |
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| Authors | |
| Year of publication | 2022 |
| Type | Article in Periodical |
| Magazine / Source | Správní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | unlawful interference; administrative discretion; Code of Administrative Justice |
| Description | Administrative discretion is associated with administrative proceedings within the meaning of Parts II and III of the Code of Administrative Procedure (CAP), but it may be used by an administrative authority outside of them. This is the case of, inter alia, factual interventions, but also of so-called other actions within the meaning of Part IV of the CAP. In cases of subsequent judicial review, an action for protection against unlawful interference of an administrative authority is applicable. The Code of Administrative Justice (CAJ) does not, however, provide for a review of administrative discretion in the context of an action against unlawful interference. It is therefore necessary to consider per analogiam application of Article 78(1) of the CAJ, or its appropriate or similar application as a result of possible legislative changes. The need for judicial review of administrative discretion in the context of an administrative authority's interference within the meaning of Article 82 of the CAJ is demonstrated by the fact that administrative discretion in such cases is not exercised in administrative proceedings, i. e. while maintaining a high standard of protection of the procedural rights of the parties to the proceedings, but in a less formal or even informal process. |
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