Remonstrance against Decisions Made by Central Administrative Bodies in the Czech Republic
The remonstrance is traditional standard (ordinary) remedial measure which can be (only) applied after the first instance decision has been issued by central administrative body. The article is heading to verify the hypothesis whether the remonstrance does reflect the principle of two instances in...
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| Format: | Article |
| Language: | English |
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University of Ljubljana Press (Založba Univerze v Ljubljani)
2014-10-01
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| Series: | Central European Public Administration Review |
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| Online Access: | https://journals.uni-lj.si/CEPAR/article/view/20401 |
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| _version_ | 1832591489268449280 |
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| author | Soňa Skulová Lukáš Potěšil David Hejč |
| author_facet | Soňa Skulová Lukáš Potěšil David Hejč |
| author_sort | Soňa Skulová |
| collection | DOAJ |
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The remonstrance is traditional standard (ordinary) remedial measure which can be (only) applied after the first instance decision has been issued by central administrative body. The article is heading to verify the hypothesis whether the remonstrance does reflect the principle of two instances in entirety. As the finding of the research it can be pointed out that the remonstrance represents relative exclusion of the principle of two instances, which is applied only in a modified form, as the remonstrance is not decided by any higher, independent administrative authority, but by the identical central administrative body, namely by its head, not by its remonstrance committee, which issues „only“ recommendations/advices. We concluded that possible solutions are either transformation remonstrance committees into administrative bodies/tribunals, or rules providing the central administrative bodies do not make first instance decisions.
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| format | Article |
| id | doaj-art-0153a461496d43f8aed0237eee3cd129 |
| institution | Kabale University |
| issn | 2591-2240 2591-2259 |
| language | English |
| publishDate | 2014-10-01 |
| publisher | University of Ljubljana Press (Založba Univerze v Ljubljani) |
| record_format | Article |
| series | Central European Public Administration Review |
| spelling | doaj-art-0153a461496d43f8aed0237eee3cd1292025-01-22T10:54:58ZengUniversity of Ljubljana Press (Založba Univerze v Ljubljani)Central European Public Administration Review2591-22402591-22592014-10-01122-310.17573/ipar.2014.2-3.a07Remonstrance against Decisions Made by Central Administrative Bodies in the Czech RepublicSoňa SkulováLukáš PotěšilDavid Hejč The remonstrance is traditional standard (ordinary) remedial measure which can be (only) applied after the first instance decision has been issued by central administrative body. The article is heading to verify the hypothesis whether the remonstrance does reflect the principle of two instances in entirety. As the finding of the research it can be pointed out that the remonstrance represents relative exclusion of the principle of two instances, which is applied only in a modified form, as the remonstrance is not decided by any higher, independent administrative authority, but by the identical central administrative body, namely by its head, not by its remonstrance committee, which issues „only“ recommendations/advices. We concluded that possible solutions are either transformation remonstrance committees into administrative bodies/tribunals, or rules providing the central administrative bodies do not make first instance decisions. https://journals.uni-lj.si/CEPAR/article/view/20401remonstranceappealadministrative procedurecentral administrative authoritylegalityeffectiveness |
| spellingShingle | Soňa Skulová Lukáš Potěšil David Hejč Remonstrance against Decisions Made by Central Administrative Bodies in the Czech Republic Central European Public Administration Review remonstrance appeal administrative procedure central administrative authority legality effectiveness |
| title | Remonstrance against Decisions Made by Central Administrative Bodies in the Czech Republic |
| title_full | Remonstrance against Decisions Made by Central Administrative Bodies in the Czech Republic |
| title_fullStr | Remonstrance against Decisions Made by Central Administrative Bodies in the Czech Republic |
| title_full_unstemmed | Remonstrance against Decisions Made by Central Administrative Bodies in the Czech Republic |
| title_short | Remonstrance against Decisions Made by Central Administrative Bodies in the Czech Republic |
| title_sort | remonstrance against decisions made by central administrative bodies in the czech republic |
| topic | remonstrance appeal administrative procedure central administrative authority legality effectiveness |
| url | https://journals.uni-lj.si/CEPAR/article/view/20401 |
| work_keys_str_mv | AT sonaskulova remonstranceagainstdecisionsmadebycentraladministrativebodiesintheczechrepublic AT lukaspotesil remonstranceagainstdecisionsmadebycentraladministrativebodiesintheczechrepublic AT davidhejc remonstranceagainstdecisionsmadebycentraladministrativebodiesintheczechrepublic |