Charles Explorer logo
🇬🇧

Review proceedings to Code of Administrative Procedure on measure of a general nature pursuant

Publication at Faculty of Law |
2014

Abstract

This article focuses on the specifics of the adjustment procedure illegal measures of general nature of the examination procedure, the Administrative Code in which the superior administrative authority the power to cancel the illegal actions of a general nature. Review proceedings in relation to measures of general nature is the supervisory process is being reviewed with him, however, another form of an administrative decision rather than a decision (administrative act), but the measure was not the result of administrative proceedings.

In general, the review procedure, the subject of which is a general measure, the procedure without participants, which itself is not an administrative procedure. Specific case presents a review procedure in relation to measures of general nature issued by local government units in connection with the implementation of their constitutional right to autonomy.

The article responds to current jurisprudence of the Supreme Administrative Court, which deals with the procedural rights of municipalities in cases where it is in the review process assessing the compliance of local plans. Legislation review proceedings in relation to measures of general nature is very austere, administrative authorities in the review process are adequately apply the provisions of the Administrative Code of Administrative Procedure.

The article points to substantial differences administrative procedure is conducted with specific persons as participants from the process of examining measures of a general nature, in which no specific procedural rights of persons not party.