Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness

Public administration is often implemented through the issuing of public acts of a unilateral and binding character. Within public administration, however, legal instruments by which those for whom the administrative acts are binding can defend themselves against any illegality or irregularity of t...

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Main Authors: Stanislav Kadečka, David Hejč, Klára Prokopová, Jiří Venclíček
Format: Article
Language:English
Published: University of Ljubljana Press (Založba Univerze v Ljubljani) 2014-10-01
Series:Central European Public Administration Review
Subjects:
Online Access:https://journals.uni-lj.si/CEPAR/article/view/20403
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author Stanislav Kadečka
David Hejč
Klára Prokopová
Jiří Venclíček
author_facet Stanislav Kadečka
David Hejč
Klára Prokopová
Jiří Venclíček
author_sort Stanislav Kadečka
collection DOAJ
description Public administration is often implemented through the issuing of public acts of a unilateral and binding character. Within public administration, however, legal instruments by which those for whom the administrative acts are binding can defend themselves against any illegality or irregularity of the mentioned administrative acts, are also (must be) provided. The existence and proper effectiveness of these legal instruments can be regarded as a necessary part (sine qua non) of the democratic rule of law. The paper is concerned with the so-called dispositional legal instruments of protection against the administrative acts which are not yet in legal force and their effectiveness. Article's major finding consists in fact, that the effectiveness of dispositional instruments of protection could be limited by absence of devolutive effect, or guarantee of independence in organizational arrangement between first and second instance administrative bodies.  
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2591-2259
language English
publishDate 2014-10-01
publisher University of Ljubljana Press (Založba Univerze v Ljubljani)
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spelling doaj-art-b50184bc04a14a6c8b3f9a3dd779e1162025-01-22T10:54:59ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592014-10-01122-310.17573/ipar.2014.2-3.a06Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their EffectivenessStanislav KadečkaDavid HejčKlára ProkopováJiří Venclíček Public administration is often implemented through the issuing of public acts of a unilateral and binding character. Within public administration, however, legal instruments by which those for whom the administrative acts are binding can defend themselves against any illegality or irregularity of the mentioned administrative acts, are also (must be) provided. The existence and proper effectiveness of these legal instruments can be regarded as a necessary part (sine qua non) of the democratic rule of law. The paper is concerned with the so-called dispositional legal instruments of protection against the administrative acts which are not yet in legal force and their effectiveness. Article's major finding consists in fact, that the effectiveness of dispositional instruments of protection could be limited by absence of devolutive effect, or guarantee of independence in organizational arrangement between first and second instance administrative bodies.   https://journals.uni-lj.si/CEPAR/article/view/20403Legal remedyappealremonstrancecommentsobjections
spellingShingle Stanislav Kadečka
David Hejč
Klára Prokopová
Jiří Venclíček
Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness
Central European Public Administration Review
Legal remedy
appeal
remonstrance
comments
objections
title Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness
title_full Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness
title_fullStr Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness
title_full_unstemmed Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness
title_short Dispositional Instruments of Protection against Administrative Acts (not in Legal Force) and their Effectiveness
title_sort dispositional instruments of protection against administrative acts not in legal force and their effectiveness
topic Legal remedy
appeal
remonstrance
comments
objections
url https://journals.uni-lj.si/CEPAR/article/view/20403
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AT klaraprokopova dispositionalinstrumentsofprotectionagainstadministrativeactsnotinlegalforceandtheireffectiveness
AT jirivenclicek dispositionalinstrumentsofprotectionagainstadministrativeactsnotinlegalforceandtheireffectiveness