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Commentary on § 4 point (a) Code of Administrative Justice: Concept of administrative body

Publication at Faculty of Law |
2019

Abstract

The purpose of the published article is to analyze Section 4 point (a) of the Code of Administrative Justice and to explain the scope of jurisdiction of administrative courts. That presupposes the answer to the question which decisions and which bodies fall under judicial review.

Therefore, the article gives the answer to the questions: what is the administrative body, what is the difference between the subject and the executor of the public administration, when the decision is and when is not taking place in the area of public administration. An extensive analysis involves the question of the private legal transactions of the State as a juristic person and other public-law bodies and as well the contrary question on public (administrative) decision-making.

With respect to the latter, not only public authorities may be entitled, but also natural and juristic (private law) persons as administrative bodies.