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Czech Bar Exam: Administrative law and administrative procedure

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All guide sections

Administrative law and administrative procedure

Sources and principles

Administrative law is tested mainly through Act No. 500/2004 Sb. (správní řád) and Act No. 150/2002 Sb. (soudní řád správní). The Constitution, the Charter, statutes, treaties and EU law prevail over internal directives. Section 2 et seq. of the Code require legality, proportionality, equal treatment, protection of legitimate expectations, good administration, cooperation and efficiency.

Administrative acts and procedure

An administrative act (správní akt) may be an individual decision, a measure of general nature or a procedural ruling. It must be issued by a competent authority, in the prescribed form, with reasons and delivery. It becomes final (právní moc) when no ordinary remedy is available and enforceable when the time for performance expires.

Proceedings start on application or ex officio. The authority establishes the facts, gives parties access to the file, holds a hearing where required, and decides. Ordinary remedies are appeal (odvolání) to the superior authority, review (přezkum) and renewal (obnova řízení). A decision must be served; fictitious delivery (fikce doručení) occurs after 10 days if the addressee does not collect it.

Judicial review

Administrative courts (krajské soudy) review decisions, inaction and unlawful interference. The action must generally be brought within two months of delivery of the decision, after exhaustion of ordinary remedies. The Supreme Administrative Court (NSS) hears cassation complaints. The court may annul the act, declare inaction, or order the authority to act; it cannot substitute its own discretion for the authority’s.

Worked example

A building authority grants a permit to A without notifying neighbour B, although B is a party. B learns of it and appeals after 20 days. The appeal is late only if the decision was properly served on B; because B was not a party to the proceedings, the decision cannot become final against her in the ordinary way. She may seek review or an administrative action, and the court will examine whether her party status was wrongly denied.

Traps

Missing the 15-day appeal period (from delivery) and the two-month judicial review period; confusing finality with enforceability; ignoring the concentration principle; and assuming courts can decide the merits in place of the authority.