Protection Against A Failure To Act In An Administrative Proceeding In Czech Republic

1434 words - 6 pages

In the Czech Republic there is an act for administrative proceedings: No. 500/2004 Coll. (správní řád = administrative regulation). What an administrative proceeding is, you find in § 9 administrative regulation:"An administrative proceeding is procedure of administrative bodies, that aim is giving a decision, which aquire, abolish or change rights or duties of the relevant person."Executive bodies, municipal bodies and other one, legal entities and natural persons, so far they act in sphere of public service, handle affairs without needless delays. In other words the fast proceeding is based on a legal norm in § 6 I administrative regulation.§ 152 administrative regulation - objectionIn Czech there ist a really old legal institute: the objection is a traditional component of the Czech administrative regulation. For the first time objection was discovered in the act No. 71/1967 Coll. While in the last regulation objection had only three paragraphes, nowadays he has five one reminding of many details.Objection as a right of appealThe nature of objection is a regular right of appeal, which you file against a decision of administrative body of first instance.According to §152 I administrative regulation objection is considered, where the decision was given by the central administrative body, minister, minister of state or chief of another administrative office. Decisions about objection in terms of § 152 II administrative regulation can only be maked by minister or chief of administrative office. This authority can´t be delegated to anybody and it is impossible, that this can be by a legislative rule. An act issued by this delegation would be invalid and unlawful.Objection committeeDue to this, that the decision about the objection is making within the frame of the same administrative office, it is necessary to secure, that the matter should be most objectively, expertly and fairly reviewed still before deciding by the minister. This function is assured by the objection committee. Administrative regulation adjustes at large the position, way of constituing, decisions and also the quality of his members.Running of proceedings in objection committeeCommittee can process in whole composition or in senates composing of five members, that the majority has to be experts. For the proceedings is § 134 administrative regulation similarly valid - the adjusted proceeding in front of the collegiate body. Very important thing is, that the objection committee doesn´t make a decision in terms of § 9 administrative regulation. It isn´t the question of oral proceeding, where the participant could be present and expresses his opinon to conclusions of the committee.1According to § 152 III administrative regulation minister has to make his decision based on petitions of the objection committee. But he isn´t bonded, so he can decide in another way and give the affair back to the...

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