Adobe Systems
Define footer – presentation title / department
1
„Simplifications of Administrative Procedure“
The project is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through
Visegrad Grants from International Visegrad Fund. The mission of the fund is to advance ideas for
sustainable regional cooperation in Central Europe.
https://www.facebook.com/SimplificationsofAdministrativeProcedure
JUDr. Lukáš Potěšil, Ph.D.
Department of Administrative Studies and Administrative Law, Faculty of Law, Masaryk university,
Brno, Czech Republic
Lukas.Potesil@law.muni.cz

Adobe Systems
Define footer – presentation title / department
2
The main issue of the project:
Admission:
• To create a system of normative regulations which can make administrative
procedures in Visegrad countries simpler and shorter.
• Procedures before authorities have crucial importance for individuals seeking
normative protection in many areas, from building cases, through social assistance to
administrative enforcement.
• Both for states and individuals it is significant to create such procedural rules to make an
administrative process as simple and transparent as possible.
Definition of an simplified procedure:
Separated from general administrative proceeding course of determining an
administrative dispute, characterized by simplification of general normative solutions.

Adobe Systems
Define footer – presentation title / department
3
Introduction
1.System of Administrative Law (according to the Czech theory/doctrine)
2.System of Public Administration in the Czech Republic – its organization („who conducts
administrative procedure“)
3.General rules/principles of public administration activity; public administration as an activity
and its forms („what different procedural types do we have“)
4.Development and history of legal regulation of administrative procedure („was it better or not?“)
5.Czech Administrative Procedure from the perspective of general rules of proceedings („what can be
simplified?“)
6.Course of the administrative proceeding with the existed simplification
7.Idea of possible simplifications

Adobe Systems
Define footer – presentation title / department
4
System of (Czech) Administrative Law
Administrative Law („Správní právo“)
̶is the biggest (and also very important – yes? Really, it  is!) branch/part of law/legal system
(of each „legal“/“administrative“ state); part of public law
̶regulates relations in Public Administration a) its organization (at different levels) and b) its
functions/activities; public administration is based on (intentional) activity
vits funcion in the society;
vto gain public goals and
vto protect public interest
̶represents a possibility of using public power; protects public interest; examples of superiority
̶

Adobe Systems
Define footer – presentation title / department
5
System of (Czech) Administrative Law
One possible division:

Adobe Systems
Define footer – presentation title / department
6
System of (Czech) Administrative Law
̶Second possible division:

Adobe Systems
Define footer – presentation title / department
7
System of Czech Public Administration
Art. 1 section 1 of act nr. 500/2004 Coll., Code of Administrative Procedure
̶„Tento zákon upravuje postup orgánů moci výkonné, orgánů územních samosprávných celků a jiných
orgánů, právnických a fyzických osob, pokud vykonávají působnost v oblasti veřejné správy (dále jen
"správní orgán").“
̶„This Act regulates the procedure of executive bodies, bodies of territorial self-governing units
and other bodies, legal and natural persons, if they exercise competence in the field of public
administration (hereinafter referred to as "administrative body").“
̶Public administration is a system of different administrative bodies and it functions and forms

Adobe Systems
Define footer – presentation title / department
8
System of Czech Public Administration
Art. 9 of act nr. 500/2004 Coll., Code of Administrative Procedure
̶„Správní řízení je postup správního orgánu, jehož účelem je vydání rozhodnutí, jímž se v určité
věci zakládají, mění nebo ruší práva anebo povinnosti jmenovitě určené osoby nebo jímž se v určité
věci prohlašuje, že taková osoba práva nebo povinnosti má anebo nemá.“
̶„Administrative procedure is procedure performed by the administrative body aimed at issuing a
decision establishing, modifying or abolishing the rights or obligations of a nominated person in a
particular case or declaring that a person has or does not have rights or obligations in a
particular case.“

Adobe Systems
Define footer – presentation title / department
9
System of Czech Public Administration
•State administration belongs to the state; important part of public adminstration, different task
of the state are perfomed by the state and its bodies („direct state administration“), but also
„indirectly“ by other bodies that are not part of the state administration („indirect/transfered
state administration“) – under a law are bodies of territorial unites entitled (and also obliged)
to perform state administration instead of the state and its bodies („mixed model of state
administration“) – specific „representation“ – they perform the state administration, but in
origin, are not part of this body
•Self government includes local, regional and also „university/interest and professional“
self-government

Adobe Systems
Define footer – presentation title / department
10
How we can know if the state is democratic and legal?
̶Adolf Merkl (Austrian scientist) wrote in the 30´s that such state recognizes:
1.Principle of legality, rule of law
2.Existence of self – government and
3.Judicial control of public administration – administrative justice
Example: In the Czechoslovakia these roots were distroyed from 1948 to 1989
So, thanks to this heritage, we should be aware and be carefoul, if someone will try to limit it
(due also „economic“ reasons)

Adobe Systems
Define footer – presentation title / department
11
System of Czech Public Administration
̶Self government (based in Constitution, European Charter of Local Government) – is protected,
„prepares the politicians for the national/state level“
̶14 regions (all perform also state administration)
̶+/- 6254 municipalites (cca 30 cities with specific regime – division between part of such cities
and the city itself); all of them perform (of course) self government and the state administration
(but in different scope – three cathegories of the municipalites, only for the tasks of STATE
administration)
̶
̶??? Is it (the mixed model itself) also reason for simplification???

Adobe Systems
Define footer – presentation title / department
12
System of Czech Public Administration

Adobe Systems
Define footer – presentation title / department
13
System of Czech Public Administration

Adobe Systems
Define footer – presentation title / department
14
System of Czech Public Administration
Art. 1 section 1 of law nr. 500/2004 Coll., Code of Administrative Procedure
̶„This Act regulates the procedure of executive bodies, bodies of territorial self-governing units
and other bodies, legal and natural persons, if they exercise competence in the field of public
administration (hereinafter referred to as "administrative body").“
1.Executive body – ministries and central administrative bodies - act nr. 2/1969 Coll. (the
procedural result is: remonstrance)
2.Bodies of territorial self-government units – 14 regional offices and cca 6254 municipalities
offices (but not only the offices)
3.Other bodies
4.Legal and natural persons – universities (disciplinary committee), chamber of attorneys, chamber
of „doctors“, etc. (about 10 chambers with the right to self government)

Adobe Systems
Define footer – presentation title / department
15
Activity of Public Administration
̶Public administration as activity of administrative bodies is represented by the system of forms
(„formy činnosti“, „formy działania“, „Handlungsformen“)
̶Variety of forms – a lot of task and duties of public adminstration in the 21st century
̶In general are mostly regulated (by the procedural aspects) by the act nr. 500/2004 Coll. – Code
of Administrative Procedure (CAP) – the principle of legality
̶

Adobe Systems
Define footer – presentation title / department
16
Activity of Public Administration
̶Form(s) of activity:
1) Outcome/result of public administration activity; several forms (due to complexity of public
tasks and goals)
2) Shows in which ways/forms is the public administration realized and applicated
3) Presents scope of administrative and (later) judicial protection.
•Normative approach to the forms: which forms has the public administration permited/allowed and
„prescribed“ to fulfill its tasks (principle of legality), helps the public administration
•Instrumental approach: the system of forms protects the individual rights, another than prescribed
form can´t be applied/used
̶If we think about simplification we must not forget that people would have right to defense
against illegal administrative acts
̶
̶

Adobe Systems
Define footer – presentation title / department
Activity of Public Administration
̶
17
Forms of public administration activity
Where in the Code of Administrative Procedure (CAP) it is provided for/regulated
Form of protection under the CAP
Administrative act
normative administrative act
not provided for; however, the CAP shall be applied at least in the scope of its principles
contained in Part one (Sections 2 to 8 CAP)
no provision
individual administrative act
1) administrative decisions – Parts two and three (Section 9 to 153 CAP)
2) so-called other acts – Part four (Sections 154 to 158 CAP)
Ad 1) remedial measures (ordinary and extraordinary, Sections 81 to 100 CAP)
2) interlocutory revision and the form of so-called review proceedings (Section 156 CAP)
mixed administrative act
measure of a general nature – Part six (Sections 171 to 174 CAP)
form of so-called review procedure (Section 174 par. 1 CAP)
Public law contract
Part five (Sections 159 to 170 CAP)
form of so-called review procedure (Section 165 CAP)
Factual act and immediate intervention
no provision; however, the CAP shall be applied at least in the scope of its principles contained
in Part one (Sections 2 to 8 CAP)
no provision

Adobe Systems
Define footer – presentation title / department
18
General rules/principles of public administration activity
̶In Constitution (act nr. 1/1993 Coll. – principle of legality, legal basis for the establishment
of authorities, order of the government – government regulation), Charter of Fundamental Rights and
Freedoms (nr. 2/1993 Coll.) – right for a fair trial (art. 36 sec. 1) and judicial protecion (art.
36 sec. 2)
̶Art. 6 European Convention on Protection of Rights and Freedoms – is applicable also to the
administrative procedure? – existence of judicial protection
̶Art. 2 – 8 CAP (principles of good administration): legality, proportionality, protection of good
will, legitimate expectations, public service, alternative solutions, speed and economy,
minimalization of interventions, equality, cooperation – binding for the administrative bodies
̶Soft law: Rec (2007) 7 on good governance

Adobe Systems
Define footer – presentation title / department
19
General rules/principles of public administration activity
̶Case law of the administrative courts (8 regional and Supreme Administrative Court) – also sources
of principles, subsequent control
http://upload.wikimedia.org/wikipedia/commons/2/2f/Nejvy%C5%A1%C5%A1%C3%AD_spr%C3%A1vn%C3%AD_soud_%
C4%8CR_I.jpg

Adobe Systems
Define footer – presentation title / department
20
Legal regulation of administrative procedure
̶In general is in the CAP (art. 1 sec. 2) „This Act or its individual provisions shall apply unless
a special Act provides otherwise.“, so CAP:
̶as lex generalis (about 300 laws in position of lex specialis), we can find bigger or lower
„deviations“, special legal regulation (problems of knowledge)
̶about 180 provisions, in effect since 2006
̶can be excluded by lex specialis – art. 177 sec. 1 CAP (reqirements for the lex specialis about
the principles and content itselfs) – OK, but the CAP shall apply in the scope of principles of
good aministration (art. 2 – 8 CAP) – so the CAP will apply, even it is excluded
̶It is not possible to perform public administration and do not apply CAP
̶
̶

Adobe Systems
Define footer – presentation title / department
21
Legal regulation of administrative procedure
̶1867 and 1876 in Austrian Empire – Code of Administrative Justice (Act Nr. 36/1876 Coll.) – this
act was in effect (with some changes) till 1952!
̶Act Nr. 3/1918 Coll. – Code of Administrative Justice; „only“ Supreme Administrative Court with
the the cassation action/complaint (against administrative decision), but continuing Austrian
procedural regulation
̶Lack of procedural norms it the sphere of public administration – big place for the case law
̶Adoption of the Code of Administrative Procedure (in 1928) was strongly influenced by the case law
of the Austrian/Czeschoslovakian (Supreme) Administrative Court

Adobe Systems
Define footer – presentation title / department
22
Legal regulation of administrative procedure
CAP in the Czech history:
1.8/1928 Coll. – 137 provisions, „only“ administrative procedure
2.20/1955 Coll. – 53 provisions, „only“ administrative procedure
3.91/1969 Coll. – just 36 provisions, „only“ administrative procedure
4.Act. nr. 71/1967 Coll. – 86 provisions, mostly administrative procedure, still in effect in
Slovakia (common CAP for the CZ and SK)
5.Act nr. 500/2004 Coll. – 184 provisions, mostly administrative procedure (art. 9 – 153),
6.
Shortening or  lengthening of legal regulation as a measure, how to simplify administrative
procedure?

Adobe Systems
Define footer – presentation title / department
23
Legal regulation of administrative procedure
Art. 9 of act nr. 500/2004 Coll., Code of Administrative Procedure
̶„Administrative procedure is procedure perfomed by administrative body aimed at issuing a decision
establishing, modifying or abolishing the rights or obligations of a nominated person in a
particular case or declaring that a person has or does not have rights or obligations in a
particular case.“
1.Procedure (based on cooperation with participants)
2.Perfomed by administrative body (has public power)
3.In the sphere of public administration (not all things are made by administrative bodies)
4.(Administrative) decision is product (and also under the control of courts)
5.Twice concrete – rights and duties and addressee
̶Provisions 9 – 153 CAP
̶

Adobe Systems
Define footer – presentation title / department
24
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶ is one (not the only one) of the procedural forms, that are regulated by/ can be found in CAP,
CAP ≠ administrative procedure, but CAP ≥ administrative procedure
̶ is important part of public administration – the decision enables/permits/constitues new right
(to study, to build, to do business, to drive, grant social benefit, authorozation, …), but also
constitues duties (to pay a fine); sometimes is the decision the first thing, sometimes it follows
what happened (administrative offence)
̶is performed by hundreds/thousands of different administrative bodies and in different situations
(azylum, permision for foreigners, …)
̶some provisions are still the same, some of them differs (lex specialis) in different
cases/examples

Adobe Systems
Define footer – presentation title / department
25
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶needs to have its participants, who have different rights and duties among the procedure; these
are also addressee of the final decision
̶If started, the only way how to terminate it is the decision (or public law contract), if not –
administrative silence/innactivity
̶Usually takes some (reasonable) time, but the participant wants to have decision immediately or
„never“ (sanctions) – different attitude of participants (cooperation x obstacles)
̶Can be controled by the superior administrative body and later by the administrative courts

Adobe Systems
Define footer – presentation title / department
26
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶is terminated by a decision and the decision is issued in administrative proceedings
̶is a legal relationship (procedural nature, unequal position, superiority of the administrative
body), has entities (administrative body and participants), object (why, for what purpose - issuing
a decision on rights and obligations) and content (procedural rights and obligations)

Adobe Systems
Define footer – presentation title / department
27
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶the 'master of the proceedings' is the competent administrative bod - the participants have the
right to propose and demand… but they may not be
̶complied with (but justify why – in reasoning)
̶time limit for issuing a decision (Art. 71) x administrative silence (Art. 80), in some cases the
time limits initiating proceedings and issuing decision/termination of proceedings
̶gaining of documents from other (affected) administrative bodies, as well as the participants (may
propose), ascertaining the facts things
̶activities of the administrative body before, during and after the proceedings

Adobe Systems
Define footer – presentation title / department
28
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶participants - those whose rights or ditues are to be decided (established, changed, canceled or
confirmed)
̶min. 1 participant, special laws may include a broader/narrower definition,
̶in case of doubt – is better to consider person as a participant (risk of „forgotten
participants“)
̶the responsibility for the proper delimitation of the participants lies with the administrative
body, the need to check the circle of participants
̶more than 30 participants (simplified procedure Art. 144)

Adobe Systems
Define footer – presentation title / department
29
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶participants
1. main, strong or unforgettable participants – Art. 27 sec. 1 CAP (persons whose rights or duties
are directly decided)
2. weaker participants – Art. 27 sec. 2 CAP, those whose rights or duties can be directly affected
by the decision (somehow this will have a negative effect on their legal sphere)
3. participants under a special law (lex specialis) – Art. 27 sec. 3 CAP
4. the participant in case of doubt – Art. 28

Adobe Systems
Define footer – presentation title / department
30
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶participants and theire rights
1.make proposals/demands/objections * concentration
2.to comment, explanate
3.to be familiarized with the documents before issuing a decision, if not: significant procedural
error
4.Access to the files

Adobe Systems
Define footer – presentation title / department
31
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶the proceedings are conducted by the relevant administrative body and in particular the so-called
authorized official person
̶written form is dominating, but also oral hearings (orally to the protocol)
̶the file is established and maintained in each case – right to access to the files

Adobe Systems
Define footer – presentation title / department
32
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure: ways of delivering the documents
1.on site (vis-à-vis the present)
2.to data box or otherwise electronically (e-mail)
3.written (by post)
4.hybrid

Adobe Systems
Define footer – presentation title / department
33
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative procedure:
̶Pre - litigation procedure
1.acceptance of initiatives for initiation of proceedings ex officio
2.postponement of the case
3.explanation
4.provision (ensurance) of evidence
5.preliminary information
6.
̶initiation of proceedings
upon request and ex officio
oral hearing
documents for issuing the decision

Adobe Systems
Define footer – presentation title / department
34
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative decision:
1.Statement
2.Justifications/reasoning
3.Information about remedies
4.
̶It follows the initiation of the proceedings (application / notice of initiation) and the subject
of the proceedings (it is not possible to decide on something else)
̶Specifying the rules of conduct for a given case and circumstances (act of application of law)
̶Creates decision-making practice – binding in the future

Adobe Systems
Define footer – presentation title / department
35
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative decision:
1.Statement
2.Justifications/reasoning
3.Information about remedies
4.
̶It follows the initiation of the proceedings (application / notice of initiation) and the subject
of the proceedings (it is not possible to decide on something else)
̶Specifying the rules of conduct for a given case and circumstances (act of application of law)
̶Creates decision-making practice – binding in the future

Adobe Systems
Define footer – presentation title / department
36
Czech Administrative Procedure from the perspective of general rules of proceedings
Administrative decision:
̶the decision itself is only that part of it which is truly 'capable of curtailing its addressee's
rights and which is manifested by the' power of law 'if the decision becomes final. In the
operative part of the decision, the administrative authority authoritatively establishes, modifies,
or cancels or declares authoritative subjective authority of the participant. (High Court in
Prague, 13. 8. 1996, nr. 6 A 154/94)
̶interim and partial decision, subject to binding opinion, order (, „document“

Adobe Systems
Define footer – presentation title / department
37
Principle of Two Instances
̶Common principle of the Administrative Law
̶not expressly stated in the legislation – non written down exactly
̶X - Admitted by the practice a jurisprudence
̶X - Existence of ordinary remedies – their admissibility – existence of this principle
̶! - BUT has no nature as BASIC/FUNDAMENTAL principle, only standard/normal principle
̶THEREFORE:
1.Absolute exclusion of this principle
2.Relative exclusion of this principle
̶

Adobe Systems
Define footer – presentation title / department
38
Principle of Two Instances
̶Absolute exclusion of the principle
1.no ordinary remedies
2.legal force
•Independent administrative bodies (no superior body)
•No administrative review – due to the independence
3.Instead of administrative review – straight judicial review
̶Relative exclusion of the principle
1.Remonstrance
̶? Is it a special, but independent ordinary remedy, or only a special type/kind of an
administrative appeal?
̶Whose decision are controlled in remonstrance proceedings?
̶Who decides on remonstrance?

̶

Adobe Systems
Define footer – presentation title / department
39
Remedies
WHY REMEDIES IN ADMINISTRATIVE PROCEDURE? NEED OF REMEDIES?
•Normative approach: how to protect legality and public interests in administrative procedure, to
ensure legality of administrative acts itself (law)
•Instrumental approach: system of remedies that helps aggrieved parties (participants) against
unlawful and unjust decisions (right)
•
•YES, we need them, but … (is not so much remedial measures? More remedies = more rights??? How to
use this system …
̶

Adobe Systems
Define footer – presentation title / department
40
Remedies
Are remedial measures in administrative procedure more „normative“ or „instrumental“?
•Ordinary remedies – more instrumental
(Appeal - Sec. 81 – 93 CAP, and/or Remonstrance - Sec. 152), right to administrative appeal, the
decision is not in legal force, principle of two instances, condition for acces to Administrative
Justice
•Extraordinay remedies – more normative
(Review procedure – Sec. 94 – 99, and Renewal procedure – Sec. 100), more ex officio, scope of
legality (q. iuris et facti) problems with legal force, problems with time limits and concurrence
with Administrative Justice
̶

Adobe Systems
Define footer – presentation title / department
41
Remonstrance
̶Use by the aggrieved participants against decision that was made by the „CAB“ in the first
instance/level
̶„CAB“
central bodies (on the top of the hierarchy)
no superior bodies
preparation of the legislation
conceptual task, analysis, advices
ministries, other …
qShould or shouldn´t the „CAB“ participate in the administrative decision making process and should
or shouldn´t make an individual decisions?
̶

Adobe Systems
Define footer – presentation title / department
42
Remonstrance
̶„CAB“ in the administrative proceedings
1.Represents the second/final instance
̶with accordance to the principle of two instances
̶final instance – final decision, end of the procedure
̶instrument for control
2.Represents the first instance – the administrative proceeedings begins at this stage/level
̶In respect to the principle of two instance – who will then decide in the second instance?
̶No superior administrative body       REMONSTRANCE
̶

Adobe Systems
Define footer – presentation title / department
43
Remonstrance
̶By the head of the „CAB“ who made first instance/level decision
̶? internal or external control?
̶? Impartiality – control of decision that was made by „his/her“ office, „his/her colleagues“, …
̶Legal requirement: estabilishing the „independent“ remonstrance commitee
̶! decision on remonstrace is made by the head, not by the commitee!
̶Issues not decision on remonstrance, but „only“ recommendation/advices
̶Recommendation is not binding, but in practice is mostly respected – WHY?
̶5 members; „experts“
̶? Who is an expert? – no legal reqiurements
̶Are appointed by the head of the „CAB“
̶?  Are these „experts“ impartial?
̶

Adobe Systems
Define footer – presentation title / department
44
Extraordinary remedies
1.problems with legal force (is relative or absolute?) and rights
2.problems with time limits
3.concurrence with Administrative Justice
4.purpose of this measures
5.the need of legailty x gained rights in good faith
6.Ex officio (initiative from parties)
̶Do we really need them? Can the society and Public Administration exist and function without them?
̶

Adobe Systems
Define footer – presentation title / department
45
Extraordinary remedies
•Review procedure – instrument of connectivity in CAP, is used in other procedural forms
•Retroactivity in favor – bound by the the date of issue, no later changes, even in favour …
•Is it effective?
̶

Adobe Systems
Define footer – presentation title / department
46
Public Law Contract
̶New form of activity, or old form of activity (1907) with „new“ approach (2006)
̶Not unilateral feature, but contract
̶Kind of ADR measuers?
̶May replace an administrative procedure and administrative decision
̶Public law contracts may be used very often (building law, subventions, …)
̶

Adobe Systems
Define footer – presentation title / department
47
Public Law Contract
̶Code of Administrative Procedure (Act No. 500/2004 Coll.), art. 159 – 170, general legal provision
x lex specialis
̶It constitutes legal relations in the sphere of public administration, respects public interest,
helps to perform public tasks
̶Contractual process (art. 163 – 164), application of the Civil Code (art. 170)
̶Approval by superior administrative body (art. 161 and 163)
̶Review procedure (art. 165), solving disputes (art. 169)
̶Three types: a) coordinatig (art. 160), subordinating (art. 161) and c) about tranfer of rights
and duties (art. 162)
̶
̶

Adobe Systems
Define footer – presentation title / department
48
Public Law Contract
When it is possible to make the public law contract?
̶Principle of legality (secundum et intra legem)
̶Only when the law/act enables to make the public law contract
̶
(Supreme Administrative Court, 2. 4. 2008, 1 As 12/2008)
̶

Adobe Systems
Define footer – presentation title / department
49
Public Law Contract
Protection of rights of affected (third) persons
̶Who makes the public law contract? – administrative bodies or administrative body and person
̶If it replace administrative procedure and administrative decision what rights have other persons
that possible should be participants of the procedure?
̶These affected shall approve the public law contract (ex post), which is a condition of its
effectivity
̶How to defend the rights of these persons?
(Supreme Administrative Court, 28. 8. 2017, 7 As 100/2014) „the person who claims that his consent
was not required for the conclusion of a public contract may use an application as a mean of
protecting his rights under Section 142 (1)“
̶

Adobe Systems
Define footer – presentation title / department
50
Existing simplification?
̶No special part of CAP, only some provisions that can be as such regardered
̶It is right/duty to use these simplifications
̶More simplifications we can find in a special laws than in the general CAP
̶

Adobe Systems
Define footer – presentation title / department
51
Existing simplification?
1.Delivery of documents
̶Data boxes (compulsory for all legal persons and some natural persons)
̶Using the public notice
̶Electronic forms of delivery documents (for a request)

Adobe Systems
Define footer – presentation title / department
52
Existing simplification?
2. The guardian
̶rather for solving some problems, than for simpliciation itself

Adobe Systems
Define footer – presentation title / department
53
Existing simplification?
3. Procedure with a large number of participants (art. 144 CAP)
̶More than 30
̶Participants may be notified of the commencement of proceedings by public notice. Proceedings are
initiated upon expiry of the time limit set in the public notice; the time limit shall not be
shorter than 15 days from the date of publication of the public notice on the official notice
board.
̶a call pursuant … for participants … may be replaced by the publication of the draft operative
part and the reasoning of the decision. Once the concept has been published, it is not possible to
raise objections that a party may have previously raised in the proceedings.
̶ Where a guardian is appointed in proceedings involving a large number of participants, one person
may be appointed as a guardian for several participants whose interests do not conflict.
̶ … the administrative authority shall inform the parties of the appeal filed by means of a public
notic specifying the time limit for submitting observations, which may not be less than 5 days.
̶Documents …may be served by public notice. This shall not apply to the parties to the proceedings
referred to in 27 (1) who are known to the administrative authority; these parties are served
individually.

Adobe Systems
Define footer – presentation title / department
54
Existing simplification?
4. Decision without reasoning (art. 68 sec. 4 CAP)
̶There is no need to justify the decision if the first-instance administrative body fully complies
with all participants.
̶In practice limited: it shall not be used in cases of discretion and vague terms

Adobe Systems
Define footer – presentation title / department
55
Existing simplification?
5. Concentration of administrative procedure
̶In general in art. 36: the administrative body may declare by which time the participants can make
their proposals.
̶In appelate procedure in art. 82 sec. 4: New facts and proposals for the production of new
evidence, referred to in the appeal or in the course of an appeal, shall be taken into account only
if it is such facts or evidence that the party could not have previously relied on. If a party
contends that it has not been allowed to take action in the proceedings at first instance, that
action must be taken together with the appeal.
̶But only in case of procedure that was intiated by the participant, no in example ex officio

Adobe Systems
Define footer – presentation title / department
56
Existing simplification?
6. Different resignations
̶Art. 36 sec. 3 to be familiarized with the documents
̶Art. 49 sec. 1 resignation for right to participate in the oral hearing
̶Art. 51 sec. 2 resignation for the right to take part in the taking of evidence
̶Art. 72 resignation for the right to receive a written copy of the decision, or all decisions made
during the procedure
̶Art. 82 sec. 2 resignation from bringing an appeal (The right to lodge an appeal does not belong
to the party who, after notification of the decision of this right, has given up in writing or
orally to the protocol.)

Adobe Systems
Define footer – presentation title / department
57
Existing simplification?
7. self-review of the decision by the firts instance authority (art. 87)
̶The administrative body which issued the contested decision may revoke or amend them if it fully
complies with the appeal and if it does not cause harm to any of the parties, unless everyone
concerned has given their consent. This decision may be appealed.
̶Possible only when the appeal is used, no ex officio

Adobe Systems
Define footer – presentation title / department
58
Existing simplification?
8. order (art. 150)
(1) Obligations in proceedings ex officio and in disputed proceedings may be imposed by written
order. The administrative authority may issue the order if it considers the factual finding to be
sufficient; issuing an order may be the first act in proceedings. If the issuing of the order is
not the first act in the proceedings, the order may not contain a statement of reasons.
(2) In the procedure for issuing an order, the only document may be the inspection protocol issued
pursuant to a special law by the same administrative authority, which is competent in the matter
and locally competent for the administrative procedure following the inspection, …
(3) The person to whom the obligation is imposed may file an opposition to the order within 8 days
from the date of notification of the order. By submitting a resistance, the order is canceled and
the procedure continues; … Withdrawal of the resistance is not permitted. The statement of
opposition shall be lodged with the administrative authority which issued the order. An order that
has not been challenged becomes a final and enforceable decision.
(4) The order must contain a notice in which the administrative authority states that it is
possible to file an opposition against the order, within what period it can be done, from which day
this period is calculated and with which administrative authority the opposition is filed. Where
the issue of an order is the first act in the proceedings, it shall not be liable to pay the costs.
(5) If the participant is present and fully acknowledges the reasons for issuing the order, the
state of the matter shall be deemed proven and the order may be issued on the spot if it imposes an
obligation for monetary performance of up to CZK 10,000 or an obligation for non-monetary
performance on the place. The statement of reasons for the order may be replaced by the
participant's self-signed declaration of acceptance of the obligation. By signing the declaration,
the order becomes a final and enforceable decision. The participant must be demonstrably informed
about this fact in advance. An on-site order cannot be opposed.

Adobe Systems
Define footer – presentation title / department
59
Existing simplification?
9. confirmation (art. 151)
(1) If the administrative authority fully complies with the application for granting a right, the
existence of which is certified by a document stipulated by law, only this document may be issued
instead of a written copy of the decision.
(2) The record of the document shall be recorded in the file containing the particulars …. Instead
of justification, the record shall contain the list of supporting documents for the decision.
(3) On the day of receipt of the document by the participant, the decision becomes final and
legally effective.

Adobe Systems
Define footer – presentation title / department
60
Existing simplification?
10. Shortened review procedure (art. 98)
̶If the infringement is evident from the file, the other conditions for the review procedure are
met and there is no need for an explanation of the parties, the competent administrative authority
may conduct a summary review procedure. No taking of evidence. The first act of the administrative
body in summary review proceedings is the issuance of a decision ….

Adobe Systems
Define footer – presentation title / department
61
Existing simplification?
11. Public law contract (art. 161)
(1) If a special law so provides, the administrative authority may conclude a public contract with
a person who would be a participant … even instead of issuing a decision. The condition of the
effectiveness of a public contract is the consent of other persons who would be participants …
(2) A public contract may be concluded even after the initiation of proceedings … Once the public
contract has been concluded, the administrative authority shall terminate the proceedings by
resolution.

Adobe Systems
Define footer – presentation title / department
62
Idea of possible simplifications
1.Is better to simplify CAP as a lex generalis, or special laws as a lex specialis?
2.In case of simplifications we shall aware the principle of legality.
3.Is it possible to simplify administrative procedure without simplifications of administrative
justice and its procedural part?
4.Is it possible to simplify administrative procedure without any change of legal regulation? – is
it necessary to write long reasoning?

Adobe Systems
Define footer – presentation title / department
63
Idea of possible simplifications
Advantages:
̶Comprehensibility
̶Economy, minimalization of interventions
̶Resonable time
̶In administrative procedure is important the result: decision, not the way of issuing it
̶

Adobe Systems
Define footer – presentation title / department
64
Idea of possible simplifications
Disandvantages:
̶Complexity of legal regulation, the risk of „simple solutions“
̶Protection of rights and very high standard
̶Who is the addressee of the administrative decision and its reasoning?
̶

Adobe Systems
Define footer – presentation title / department
65
Idea of possible simplifications
Final conclusions:
̶Everything shall be on line and transparent?
̶The law causes only obstacles?
̶Disrespect to the authorities, to the system of law, to the state – obstacles, misusing the law
̶„it takes a long time, I want it just now“
̶