ESF:PPSPPR Administrative Process

PPSPPR Administrative Process

Faculty of Economics and Administration
Spring 2009

Extent and Intensity

2/0/0. 3 credit(s). Type of Completion: zk (examination).

Teacher(s)

Guaranteed by

prof. JUDr. Petr Průcha, CSc.
Department of Law – Faculty of Economics and Administration
Contact Person: JUDr. Jindřiška Šedová, CSc.

Timetable

each odd Thursday 16:20–19:35 P103

Course Enrolment Limitations

The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 60 student(s).
Current registration and enrolment status: enrolled: 0/60, only registered: 0/60

fields of study / plans the course is directly associated with

there are 16 fields of study the course is directly associated with, display

Course objectives

Main objective of the course is to acquaint students the administrative procedural law, not only in terms theoretical-law, but above the plane of a legally - practical. Subject respects performed changes in the transformation of public administration, especially in connection with the adoption of the Law No. 500/2004 Coll. Administrative Procedure Code, as amended. From a structural point of view can be the subject of terse divided into several thematic units. In the first they will become acquainted with basic concepts and principles of public administration and administrative proceedings, as and by entities in administrative proceedings. Another unit is devoted to himself before the authorities, to the terms of general administrative procedure, including special provisions introduced by the new administration Regulations, as well as special management, especially building management, management of cadastre, etc. In this unit students familiar with the procedure before the start of proceedings, the course proceedings in the first instance, as well as themselves decision-making in public administration. Follow-up thematic unit will logically devote mechanisms control the exercise of public administration, in particular the remedies, including court review. The final unit will focus on Follow-up parks, a particular administration complaints, public contracts, general measures nature, as well as the administrative execution and other issues related to the administrative process.
At the end of this course the student will be able to work with the sources of administrative procedure law in order to interpret and apply them in concrete cases.

Syllabus

1. Concept and the nature of the administrative process - public Administration - the state administration and local authorities, administrative authorities - basic concepts and institutes, the
2. Bodies of administrative proceedings - the parties - legal personality
3. Acts of the parties - legal formalities operations - devising administration, practical examples
4. Administrative procedure - the opening of the procedure - evidence - Decision
5. Specific provisions for administrative proceedings. Continuing test - a common procedure, questionable management, management location, etc. - the public authorities - ensure the evidence explanation, binding opinion
6. Construction management - subsidiarity Code of Administrative Procedure - Compared with the general administrative management, diversity - practical examples
7. Management of the cadastre - subsidiarity Code of Administrative Procedure - compared with the general administrative management, diversity - practical examples
8. The infringement procedure - subsidiarity government Rules - compared with the general administrative management, differences - practical examples
9. Decision-making and decision in public administration - types of decisions - decisions elements - Legal power and enforceability of the decision
10. The proper remedies - essentials - management - drafting an appeal, degradation
11. Extraordinary remedies - essentials - retrial, the review procedure - failure administrative authority and defend against it
12. Judicial review of public administration - Management justice - the constitutional justice - drafting judicial administration
13. Complaints and other options for Defense participants in administrative proceedings. - The protection of participants management - the public defender of rights - the right to information.

Literature

SKULOVÁ, Soňa, Petr PRŮCHA, Petr HAVLAN and Stanislav KADEČKA. Správní právo procesní. 1. vyd. Praha: Eurolex Bohemia, 2005, 279 s. ISBN 8086861538. info
ONDRUŠ, Radek. Průvodce úředníka novým správním řízením se vzory postupů správních úřadů :podle stavu k 1.1.2006. Praha: Linde, 2006, 495 s. +. ISBN 8072015915. info
ONDRUŠ, Radek. Průvodce úředníka správním řízením se vzory procesních postupů správních úřadů. 3rd ed. Praha: LINDE PRAHA a.s., 2003, 523 pp. průvodci právem - sv.2. ISBN 80-7201-410-2. URL info

Assessment methods

The course is finished by oral exam.
If student commits a prohibited act, such as usage of various forbidden tools, cribbing, taking out any part of the exam or any other cheating, teacher is allowed to interrupt an exam and to grade a student with F, FF or FFF according to the seriousness of the offence. Mentioned procedure relates to all the activities that are included to the final evaluation of the course (seminar work, essays, tests etc.).

ESF:PPSPPR Administrative Process - Course Information

PPSPPR Administrative Process

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