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Judicial Review of Illegal Administrative Acts in the Czech Republic and in Slovakia

Publikace na Právnická fakulta |
2012

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

In 1991, Czechoslovakia reintroduced the judicial review against administrative acts, though with limited scope. After the end of Czechoslovakia, both successor states developed the judicial protection of subjective public rights against administrative bodies in their own way.

The Chech Republic decided to create a separate Administrative Court at least in the higher instance and to enact a separate code of judicial administrative procedure, following in many respect the tradition of the domestic legislation of the inter-war period and the older Austrian regulations. Slovakia, on the other hand, conserved the Czechoslovak system which rooted the judicial review of the public administration with the court of general jurisdiction on the basis of the Civil Procedure Code.

Furthermore, the Slovakian law is in some points inspired by ideas taken from the old Hungarian model in force on today's Slovak territory until 1918. The essay describes the common starting point of the Czech and the Slovak development and analyses the differences and the parallels in the law of the court procedure designed to protect subjective public rights against unlawful administrative acts and other unlawful behaviour of the public administration.