Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic
This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help solving or terminating administrative silence...
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| Format: | Article |
| Language: | English |
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University of Ljubljana Press (Založba Univerze v Ljubljani)
2019-04-01
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| Series: | Central European Public Administration Review |
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| Online Access: | https://journals.uni-lj.si/CEPAR/article/view/20512 |
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| author | Soňa Skulová Lukáš Potěšil David Hejč Radislav Bražina |
| author_facet | Soňa Skulová Lukáš Potěšil David Hejč Radislav Bražina |
| author_sort | Soňa Skulová |
| collection | DOAJ |
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This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help solving or terminating administrative silence quickly, otherwise, an imaginary vicious circle is created. The purpose of the paper is to verify whether judicial protection is indeed effective by surveying the related legislation and court practice (especially the length of proceedings) dealing with the so-called inactivity. The methods of analysis applied are normative analysis, literature review, statistical analysis of decision-making activities of courts and deduction. Our findings establish that due to the excessive length of court proceedings and incomprehensible legal regulation it is difficult to view the judicial protection against administrative silence as being a speedy and effective instrument of remediation of inactivity on the part of administrative authorities. The results can serve as a ground to compare the situation with other similar countries and to exchange best practices.
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| format | Article |
| id | doaj-art-9c80bb8501424770bef49cd6f9a16a2e |
| institution | Kabale University |
| issn | 2591-2240 2591-2259 |
| language | English |
| publishDate | 2019-04-01 |
| publisher | University of Ljubljana Press (Založba Univerze v Ljubljani) |
| record_format | Article |
| series | Central European Public Administration Review |
| spelling | doaj-art-9c80bb8501424770bef49cd6f9a16a2e2025-01-22T10:51:40ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592019-04-0117110.17573/cepar.2019.1.03Effectiveness of Judicial Protection against Administrative Silence in the Czech RepublicSoňa Skulová0https://orcid.org/0000-0002-0934-1579Lukáš Potěšil1https://orcid.org/0000-0002-1797-6048David Hejč2https://orcid.org/0000-0001-9366-7119Radislav Bražina3https://orcid.org/0000-0002-7924-5056Masaryk University, Faculty of LawMasaryk University, Faculty of LawMasaryk University, Faculty of LawMasaryk University, Faculty of Law This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help solving or terminating administrative silence quickly, otherwise, an imaginary vicious circle is created. The purpose of the paper is to verify whether judicial protection is indeed effective by surveying the related legislation and court practice (especially the length of proceedings) dealing with the so-called inactivity. The methods of analysis applied are normative analysis, literature review, statistical analysis of decision-making activities of courts and deduction. Our findings establish that due to the excessive length of court proceedings and incomprehensible legal regulation it is difficult to view the judicial protection against administrative silence as being a speedy and effective instrument of remediation of inactivity on the part of administrative authorities. The results can serve as a ground to compare the situation with other similar countries and to exchange best practices. https://journals.uni-lj.si/CEPAR/article/view/20512administrative silence, administrative justice, constitutional court, effectiveness, judicial protection, Czech Republic |
| spellingShingle | Soňa Skulová Lukáš Potěšil David Hejč Radislav Bražina Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic Central European Public Administration Review administrative silence, administrative justice, constitutional court, effectiveness, judicial protection, Czech Republic |
| title | Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic |
| title_full | Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic |
| title_fullStr | Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic |
| title_full_unstemmed | Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic |
| title_short | Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic |
| title_sort | effectiveness of judicial protection against administrative silence in the czech republic |
| topic | administrative silence, administrative justice, constitutional court, effectiveness, judicial protection, Czech Republic |
| url | https://journals.uni-lj.si/CEPAR/article/view/20512 |
| work_keys_str_mv | AT sonaskulova effectivenessofjudicialprotectionagainstadministrativesilenceintheczechrepublic AT lukaspotesil effectivenessofjudicialprotectionagainstadministrativesilenceintheczechrepublic AT davidhejc effectivenessofjudicialprotectionagainstadministrativesilenceintheczechrepublic AT radislavbrazina effectivenessofjudicialprotectionagainstadministrativesilenceintheczechrepublic |