INDIVIDUAL ADMINISTRATIVE ACT


                                           LUKÁŠ POTĚŠIL

Fakulty of Law, Department of administrative science, Administrative Law and Financial Law, Masaryk
                                            University


                                           SOŇA SKULOVÁ



Key words

            Administrative Law, public administration, activities of administrative bodies,
administrative act, individual administrative act, normative administrative act, measure
of                  a general nature.


            Individual administrative acts represent one of the most important and significant
result and also legal form of realization of public administration and Administrative Law itself.


            Public administration is a subject matter of the Administrative Law. It is regulated by
norms of Administrative Law. Therefore results of activities of administrative bodies (bodies and
institution of public administration) have legal character and different legal consequences.
Administrative Law is carried out namely by public administration and its bodies. Subject matter of
the Administrative Law is public administration in its two meanings. First of them describes public
administration as a structure of different bodies and institutions. It defines who namely realizes
the Administrative Law and public administration. These bodies are made to ensure the activities of
public administration. This second conception defines public administration as an assignment
package that is realized by administrative bodies. Both concepts (public administration as
organization and activity) are closely connected. And is it the Administrative Law that regulates
both sides of conception of public administration. Public administration is the activity that is
exercised as scope of executive power, with perceptive character that is strongly bound by laws.
Public administration can be defined as administration of public affairs provided by public law
subjects that are obliged to do it. This public law subjects creates the public administration as
organization.


            “Administrative activity” is another definition that helps to define public
administration as the activity. Within this process are realized norms of the Administrative Law.
The Administrative Law regulates different forms of realization of public administration. Thanks it
these forms can create legal consequences and influence the legal relations and rights and duties.
Forms are kind of administrative activity. Legal forms of so called “administrative activity” can
be divided namely into:
  * normative administrative act (legal description)
  * individual administrative act (administrative decision) and
  * measure of a general nature.


All three types mentioned above are special kind of the “administrative act”. Administrative act is
the most important and also most frequent form of realization of the Administrative Law and public
administration. Administrative act can be, in general, defined as one-sided act of public
authority. According to its legal effects is later divided into normative, individual and measure
of a general nature.


Normative administrative act is result of normative activities of public administration. Import is
that is also regarded as the Administration Law itself. It is a legal enactment. Public
administration so creates other legally binding rules and legal norms. It can be done only if the
law makes it for public administration possible. Public administration must respect laws. These
acts, issued by administrative bodies, are results of regulatory procedure. The law including the
Czech Constitution, uses various names, so the concept of “normative administrative act” is
abstract and comprehensive.


Individual administrative act, on the other side, are result of the laws, constitution and, which
is very important, normative administrative act. Administrative normative acts are ground for the
individual administrative acts. These acts are acts of application of the Administrative Law. They
do not regulate code of conduct that is binding for anybody but they relate to individual case with
individual and concretized participants. They solve individual legal question.


 Last legal form of so called “administrative act” is the measure of a general nature. This legal
institution was added to the Czech legal system because of objective need. It was necessary to
regulate this institution and proceedings its result is the measure of a general nature. Czech
Administrative Law was strongly inspired and influenced by regal regulation in German spoken
countries. According to section 171 Code of Administrative Proceedure (500/2004 Sb. act of the 24th
June 2004) measure of a general nature is not piece of legislation or a decisions. It contains
signs of administrative acts mentioned before, so its is general and individual. This act is thus
mixed.


My entry also focuses on used terminology that is different. The differences were made during the
development of the Administrative Law and were influenced by pre-war literature. It must be said
that this problem has not been resolved yet. The practice of the courts also have not done step to
make the situation more clear and united.






Contact – email:

LPotesil@seznam.cz