DOVPV_SP Administrative processes in public law

Faculty of Law
Spring 2025
Extent and Intensity
0/0/0. 4 credit(s). Type of Completion: k (colloquium).
Teacher(s)
doc. JUDr. Soňa Skulová, Ph.D. (lecturer)
Guaranteed by
doc. JUDr. Soňa Skulová, Ph.D.
Department of Administrative Studies and Administrative Law – Faculty of Law
Contact Person: Andrea Špačková, DiS.
Prerequisites (in Czech)
! DO1SZ02 Administrative Processes in Environmental Law && ! DO1FIP03 Administrative aspects of dissertation && ! DO2FIP01 Procedural aspects
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
The aim of the course is to deepen the knowledge acquired in previous studies in the field of decision-making processes and procedural forms of public administration in their general setting and operation, and in specific settings and manifestations for individual areas (sectors), especially relevant for the creation of the dissertation. Furthermore, to provide the student with the necessary consultation to be able to write the part of the dissertation dealing with the procedural aspects of its focus. According to the focus of the dissertation, attention is paid to the operation of general principles in the procedural sphere, the principles of due (fair) process, their expression in the legal order and their operation in the application practice, the influence of the case law of the courts in the administrative justice system and the decisions of the Constitutional Court and European courts. The current context and development of the newly established procedural forms are examined. European trends in the relevant areas, and ongoing reforms are monitored.
Learning outcomes
After completing the course, the student will have a detailed knowledge of the material necessary for further study and research in the field of his/her dissertation and will be able to: - orientation in the necessary range and focus of theoretical sources, both domestic and foreign, and in the necessary range of case law, - search for and correctly use relevant case law, including the case law of the Constitutional Court and European courts, for the elaboration of the dissertation, - correctly identify and explain the nature of procedural forms of public administration related to the focus of the dissertation, including the specific requirements imposed on them, both in terms of the principle of legality and the rights of the persons concerned, - to reflect the specifics of administrative processes in the relevant area according to the focus of the dissertation, as well as the area of administrative punishment, including the operation of procedural principles, - independent theoretical and analytical work in relation to the examination of specific and more general phenomena and problems of a procedural nature in administrative decision-making and judicial review, in particular for the purpose of preparing a comprehensive part of the dissertation.
Syllabus
  • The specific focus of the course may vary depending on the topic of the dissertation. Therefore, the specific content will always be specified within the ISP in agreement between the supervisor and the student so that the content framework is directed towards writing a quality part of the dissertation in the right procedural parts or context. Evaluation of performance will be up to the supervisor who will award the grade. However, it is expected that the student will also consult the material with other representatives of the disciplines and areas concerned. The curriculum may consist, for example, of the following headings: - The interrelationship of the main topic of the dissertation with procedural aspects or components of the problem; - the implications of legal regulation for decision-making processes, and judicial review; - issues of the relationship between general procedural regulation and regulation of the special area in question; - the effect of the principles of administrative procedure general or specific in the area of the dissertation; - solving the problem of setting and protection of procedural rights of persons affected by public administration decision-making in the examined area; - problems of application of new procedural forms and their review.
Literature
  • SKULOVÁ, Soňa and Lukáš POTĚŠIL. Prostředky ochrany subjektivních práv ve veřejné správě - jejich systém a efektivnost (Measures of protection of rights in public administration - their system and effectiveness). Praha: C. H. Beck, 2017, 464 pp. Právní instituty. ISBN 978-80-7400-647-0. info
  • POTĚŠIL, Lukáš. § 1 [obecná ustanovení] až § 10 [dožádání] (§ 1 [basic provision] till § 10 [request]). In Potěšil, L., Brus, M., Hlouch, L., Rigel, F., Šimíček, V. Soudní řád správní. Komentář. vydání první. Praha: Leges, 2014, p. 21-81. Komentátor. ISBN 978-80-7502-024-6. info
  • SKULOVÁ, Soňa, Lukáš POTĚŠIL and David HEJČ. Administrative Appeals, Ombudsman, and Other ADR Tools in the Czech Administrative Law. In Dragos, Dacian C., Neamtu, Bogdana (Eds.). Alternative Dispute Resolution in European Administrative Law. 1st ed. Heidelberg New York Dordrecht London: Springer, 2014, p. 393-420. International, Foreign and Comparative Law. ISBN 978-3-642-34945-4. Available from: https://dx.doi.org/10.1007/978-3-642-34946-1_13. info
  • Alternative dispute resolution in European administrative law. Edited by Dacian Cosmin Dragoş - Bogdana Neamţu. Heidelberg: Springer, 2014, xxxiii, 60. ISBN 9783642349454. info
  • SKULOVÁ, Soňa, Alena KLIKOVÁ and David HEJČ. Prostředky ochrany subjektivních práv ve veřejné správě : Sborník příspěvků z workshopu. Edited by Soňa Skulová - Alena Kliková - David Hejč. 1. vyd. Brno: Masarykova univerzita, 2014, 186 pp. ISBN 978-80-210-7537-5. info
Teaching methods
The basic teaching method is individual consultations, both with the supervisor and with other departmental staff and experts working in the field of the dissertation.
Assessment methods
The evaluation is assigned by the trainer based on the fulfilment of the pre-agreed content set out in the ISP. Usually, it will be on the one hand the elaboration of a comprehensive part of the dissertation dealing with the necessary scope and context of the examined matter from the procedural point of view, namely concrete, specific, and depending on the focus of the thesis also in a more general or broader framework and context (constitutional, European), and usually also including relevant or necessary aspects of judicial review.
Language of instruction
Czech
The course is also listed under the following terms Spring 2023, Autumn 2023, Spring 2024, Autumn 2024.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/spring2025/DOVPV_SP