Přezkoumání rozhodnutí správních orgánů soudy
Vol.7,No.1(1999)
Abstract
Pages:
38–46
The current administration justice of the Czech Republic can be viewed as a product of evolution that started in the Austrian part of the Austro-Hungarian Monarchy by establishing the Administrative Court in Vienna in 1876 by the Law of 22 October 1876.
The basis of the current establishment of the in stitute of administration justice is the Bill of Basic Rights and Liberties that formulated the constitutional legal principles as principles of protection by court and other legal institutions.
According to the regulations of the Article 36, par. 1 of the Bill of the Basic Rights and Liberties everyone can claim their rights, conforming to the stated procedures, at an independent and unbiased court, and in stated cases at a different body; moreover, according to the following paragraph of this regulation, anyone who believes to be detracted from her or his rights by decision of a government authority can appeal to court for revision of legitimacy of such a decision.
From the lawsuit perspective we can distinguish between those cases of court revision in which courts revise govemment authorities decisions directly, considering legal remedies against such decisions by themselves, and those cases in which court revision of the decision cannot be carried out until all the proper remedial means of administrative procedure have been exhausted.
The basis of the current establishment of the in stitute of administration justice is the Bill of Basic Rights and Liberties that formulated the constitutional legal principles as principles of protection by court and other legal institutions.
According to the regulations of the Article 36, par. 1 of the Bill of the Basic Rights and Liberties everyone can claim their rights, conforming to the stated procedures, at an independent and unbiased court, and in stated cases at a different body; moreover, according to the following paragraph of this regulation, anyone who believes to be detracted from her or his rights by decision of a government authority can appeal to court for revision of legitimacy of such a decision.
From the lawsuit perspective we can distinguish between those cases of court revision in which courts revise govemment authorities decisions directly, considering legal remedies against such decisions by themselves, and those cases in which court revision of the decision cannot be carried out until all the proper remedial means of administrative procedure have been exhausted.
38–46
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