Adobe Systems Define footer – presentation title / department 1 1. Administrative Procedural Law 2. Legal Guarantees in Public Administration 3. Ombudsman. Public Administration control. Judicial Review 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 Introduction Prepare your answer to the following questions: 1.Why do we have public administration? Is it good/bad thing, helps/is harmful, … 2.What is (is there any) a connection between public administration and administrative law? 3.Do we need any procedural norms in administrative law? Who is the addressee? 4.Why is important to control public administration? Adobe Systems Define footer – presentation title / department 3 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 4 System of (Czech) Administrative Law One possible division: Adobe Systems Define footer – presentation title / department 5 System of (Czech) Administrative Law ̶Second possible division: Adobe Systems Define footer – presentation title / department 6 Administrative Procedural Law ̶Procedural part of Administrative Law (different proceedures that can be found in public administration) – protection of rights ̶Code od Administrative Procedure (act nr. 500/2004 Coll.) ̶Code of Administrative Justice (act nr. 150/2002 Coll.) ̶ Adobe Systems Define footer – presentation title / department 7 Legal Guarantess in Public Administration ̶Principle of legality (Constitution, Charter of Fundamental Rights and Freedoms, Code of Administrative Procedure, …) ̶Legal guarantees: different measures that enables and ensures legality in public administration 1.Control (in public administration – internal and external), Code of Control (act nr. 255/2012 Coll.), external control by: courts, ombudsman, people (petition), independent administrative bodies, Parliament 2.Right to information (FOIA – act nr. 106/1999 Coll.) 3.Control of administrative acts 4.Responsibility (act. nr. 82/1998 Coll. for damages), administrative offences (act nr. 250/2016 Coll.) ̶ Adobe Systems Define footer – presentation title / department 8 …and now selected issues 1.In general… 2.Forms of activity and protection of rights 3.Remedies 4.Administrative Justice 5.ombudsman ̶ ̶ ̶ ̶ Adobe Systems Define footer – presentation title / department 9 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 10 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 11 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 12 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 13 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) Adobe Systems Define footer – presentation title / department 14 System of Czech Public Administration Adobe Systems Define footer – presentation title / department 15 System of Czech Public Administration Adobe Systems Define footer – presentation title / department 16 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 17 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 18 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 19 Forms of Public Administration Activity in the Czech Republic and Protection of the Rights of Individuals ̶System of forms of public administration activity ̶Approaches to the system of forms ̶Forms of public administration activity and judicial protection ̶ Adobe Systems Define footer – presentation title / department 20 Normative vs. instrumental approach to the forms of public administration acitivity ̶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 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 ̶ Adobe Systems Define footer – presentation title / department Activity of Public Administration ̶ 21 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 22 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 23 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 24 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 25 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 26 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 3.91/1960 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 27 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 28 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 29 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 30 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 31 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 32 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 33 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 34 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 35 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 36 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 37 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 38 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 39 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 40 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 41 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 42 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 43 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 44 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 45 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 46 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 47 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 48 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 49 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 50 Administrative Justice in the Czech Republic ̶„changes and expectations“ in Administrative Justice (not only) on the example of the Czech Republic 1)Purpose of the Administrative Justice and its history and development 2)Todays situation and legal regulation 3)Possible changes and expectations in future http://nssoud.cz/Uvod/art/1 ̶ Adobe Systems Define footer – presentation title / department 51 Administrative Justice in the Czech Republic Why do we have the Administrative Justice? ̶To protect rights of individuals and thus to control state/public administration ̶More protection or more control? ̶Control as a result of protecion – Administrative Justice may control only such cases where the action was taken (no ex officio) ̶Protection is not possible in all cases, but only in which the legal regulation enables it (reasons for actions are very wide) ̶ Adobe Systems Define footer – presentation title / department 52 Administrative Justice in the Czech Republic ̶NSS (sp. zn. 8 As 47/2005, 1764/2009 Coll., NSS) Administrative Justice and „Code of Administrative Justice is by its nature a „defensive„ act. It is not a "control" standard that would allow anyone to initiate, by bringing an action in the administrative justice, to control any act of the public administration. It is only intended to ensure legal protection in cases where public administration enters into the legal sphere of natural or legal persons. The limitation criterion for prominence is the alleged interference with public subjective rights. Not all the activity (or any misconduct) of public administration is subjected to judicial control …., but only when the activity of the administration exceeds their public subjective rights. " ̶ Adobe Systems Define footer – presentation title / department 53 Administrative Justice in the Czech Republic ̶External products of Administrative Justice – the ruling/court's decision – is still an individual decision or the law for other cases? ̶ ̶ Adobe Systems Define footer – presentation title / department 54 Administrative Justice in the Czech Republic ̶1867 and 1876 in Austrian Empire – Code of Administrative Justice (Act Nr. 36/1876 Coll.) ̶Act Nr. 3/1918 Coll. – Code of Administrative Justice; „only“ Supreme Administrative Court and the cassation complaint (against administrative decision) ̶Adoption of the Code of Administrative Procedure (in 1928) was strongly influenced by the case law of the Austrian/Czeschoslovakian (Supreme) Administrative Court ̶To cover the Loopholes in legal regulation ̶ ̶ Adobe Systems Define footer – presentation title / department 55 Administrative Justice in the Czech Republic ̶Restoration in 1992 (to 2003), with lack of Supreme Administrative Court – 8 regional administrative courts and 2 High Courts in administrative matters ̶Different/inconsistent court rulings ̶ ̶ Adobe Systems Define footer – presentation title / department 56 Administrative Justice in the Czech Republic ̶New system (since 1. 1. 2003, Act Nr. 150/2002 Coll., Code of Administrative Justice) ̶Regional courts and Supreme Administrative Court ̶Possibility to take an action againt: decision, inactivity, factual acts, act of general measure (since 2005), … wide scope of judicial protection ̶ ̶Unacceptability of cassation complaint (since 2005) in the matters of international protection (azylum sphere) ̶ ̶ Adobe Systems Define footer – presentation title / department 57 Administrative Justice in the Czech Republic ̶ Define footer - Name of the presentation / Your name / Unit, Office 57 Administrative Justice in the Czech Republic Adobe Systems Define footer – presentation title / department 58 Administrative Justice in the Czech Republic ̶Creation and transforming the law, even the legal regulation contains the rule (against the law), power to rewrite the legal regulation – no loopholes ̶The Parliament usually agrees (only in small amout of cases was adpoted legal regulation that is different than the case law – 3 cases) ̶Purpose of Administrative Justice – ex post control or direct decision making proces? Define footer - Name of the presentation / Your name / Unit, Office 58 Adobe Systems Define footer – presentation title / department 59 Administrative Justice in the Czech Republic Expectations: ̶Specialization? ̶Control or direct decision making in the case? ̶Scope of review? Unacceptability of cassation complaint ̶ Define footer - Name of the presentation / Your name / Unit, Office 59 Adobe Systems Define footer – presentation title / department 60 Ombudsman ̶Estabilished in 2000, Act nr. 349/1999 Coll., seated in Brno ̶„Public Defender of Rights“ ̶https://www.ochrance.cz/en/ Adobe Systems Define footer – presentation title / department 61 Ombudsman ̶Protects people against the conduct of authorities and other institutions if the conduct is against the law, does not correspond to the principles of a democratic legal state and the principles of good administration, or the authorities are inactive. ̶He/she also carries out preventive systematic visits to places where people are restricted in their freedom and seeks to ensure that their rights are respected. The Defender also contributes to promotion of the right to equal treatment and protection against discrimination and also systematically deals with the rights of the people with disabilities. ̶