Non-existence of the rule of lis pendens in cases simultanously iniciated ex offo and on the request
2015
Abstract
The rule of lis pendens (pending proceeding) is a typical institute of procedural law derived from the ne bis in idem principle (not twice in the same thing). It is to be applied mostly in the civil and administrative procedure, on the other hand, this institute does not exist in the truest sense in the criminal procedural law.
The article is focused primarily on the lis pendens rule in the administrative procedure and considers mostly the case law. At the center of the attention there is a decision of the Highest Court of Czech Republic dated June 13th, 2013, case No. 6 Ads 139/2012 - 58, because the results of this decision may be very useful for the legal practice.