A purpose of my thesis was an analysis of problems with legal regulation of protection against unlawful failure to act in public administration. Firstly I described institutes which should prevent illegal inactivity so I focused on regulations of time for taking a decision and other institutes, especially regulation presented by the Administrative Procedure Rules. The regulation in Administrative Procedure Rules caused a lot of questions which are nowadays answered thanks to the Highest Court of Administration and procedure according the Administrative Procedure Rules is connected with protection given by an administrative justice. In this system there is also included regulation of liability for damages caused by unlawful official procedure. The purpose of this institute is not to prevent inactivity but to compensate consequences it caused. The legislature completed this topic with a result that injured party can require (since 2006) compensation for suffering moral damage independently of property damage. We can find some positive elements of recent regulation, such as specific regulation of time for taking a decision, formulation of fundamental principles of action of administrative bodies or possibility to provide compensation of moral damages. But the regulation has imperfections too. Since basic...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:296329 |
| Date | January 2011 |
| Creators | Hansel, Nona |
| Contributors | Mikule, Vladimír, Svoboda, Petr |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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