Selected Issues of Regulation of an Access to the Supreme Administrative Court

Vol.19,No.2(2011)

Abstract
The article points to some restrictive aspects of the access to the Supreme Administrative Court. Constitutionally guaranteed right to turn to the Court for review of the legality of a decision or activity of a public administrative authority is not and cannot be unlimited and absolute. The Code of Administrative Justice sets conditions under which person can claim judicial review of an administrative act, such as time limits, payment of court fee, legal capacity, representation by a counsel, inadmissibility or unacceptability of a cassation complaint. The article focuses on question, whether these limits may be considered to reduce or even limit the general standard of judicial protection or conversely, whether certain legal exceptions have their rationalization and can be regarded as rational and justified. These limiting factors may indicate the breadth of provided judicial protection and the efficiency of administrative justice in general.

Pages:
148–156
Author biography

Jana Filipová

Department of Administrative Studies and Administrative Law, Faculty of Law, Masaryk University, Brno

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