lms.vsb.cz
E-vyuka: https://www.vsb.cz/e-vyuka/cs/subject/119-0408/05/dspace
https://www.vsb.cz/e-vyuka/cs/subject/119-0408/05/lms
Administration Law
| Type of study | Follow-up MasterBachelor |
|---|---|
| Language of instruction | Czech |
| Code | 152-8308/03 |
| Abbreviation | SpP |
| Course title | Administration Law |
| Credits | 4 |
| Coordinating department | Department of Business Administration and Law |
| Course coordinator | Mgr. Richard Bartes, Ph.D. |
Subject syllabus
1. The concept of administrative law and its characteristics as a branch of law. Public administration, characteristics of state administration and local government. Subjects of administrative law and administrative legal relationships. Scope of regulation and fundamental principles of operation. Integration of Act No. 500/2004 Coll., the Administrative Procedure Code, into the legal system. Fundamental principles of administrative authorities’ operations. Specifics of public administration in the field of environmental protection.
2. Subject-matter and territorial jurisdiction. Referral due to lack of jurisdiction. Requests for assistance. Recusal from hearing and deciding a case. Changes in jurisdiction, disputes over jurisdiction. Jurisdiction of state administration bodies in the field of environmental protection (e.g., water management authorities, nature conservation authorities, the Czech Environmental Inspection Agency).
3. Conduct of proceedings, case file, and service of process. Procedural acts. Language of proceedings. Case file management, requirements for the case file. Authorized official. Minutes. Conduct of administrative proceedings in environmental matters. Service of process on natural and legal persons. Official bulletin board, service by public notice. Obstacles to service of process.
4. Parties to the proceedings and representation. Doubts regarding party status. Capacity to sue and be sued. Representative, representation by operation of law, and guardianship. Representation by power of attorney, joint representative, and agent. Actions of parties to the proceedings and access to the case file. Participation of the public and affected entities in environmental proceedings (e.g., associations).
5. Time limits and calculation of time, actions prior to the initiation of proceedings, grounds for issuing a decision. Setting a time limit for performing an action. Restoring the previous state. Accepting requests to initiate proceedings. Postponing a case. Explanations, securing evidence, preliminary information. Requests and procedures of administrative authorities in the field of environmental protection. Inspection activities of administrative authorities. Act No. 255/2012 Coll., on Inspection (Inspection Rules) – basic principles of inspection, rights and obligations of the inspector and the inspected party.
6. Initiation of proceedings. Initiation of proceedings on an application, application. Initiation of proceedings ex officio. Barriers to proceedings. Oral hearing. Basis for issuing a decision. Evidence, preliminary question. Specifics of administrative proceedings in the field of environmental protection (e.g., Water Act, waste, nature conservation).
7. Ensuring the purpose and conduct of proceedings. Summons, bringing before the authority, preliminary measures, administrative fines, expulsion from the venue of the proceeding. Administrative law instruments in the field of environmental protection (remedial measures, sanctions). Administrative penalties and offenses. Act No. 250/2016 Coll., on Liability for Offenses – liability for an offense, types of sanctions, fundamentals of offense proceedings.
8. Suspension of proceedings, discontinuation of proceedings, special provisions regarding certain proceedings. Suspension of proceedings, discontinuation of proceedings, joint proceedings, contentious proceedings, proceedings to determine a legal relationship, on-site proceedings, proceedings involving a large number of participants, proceedings with advance notice of a request, proceedings regarding the selection of a request. Specific proceedings in the field of environmental protection (EIA/SEA, integrated permitting, unified environmental).
9. Decisions, resolutions, measures of a general nature, inaction. Content, form, and requirements of decisions; deadlines for issuing decisions; notification of decisions; legal force and enforceability of decisions; defects in decisions. Ex officio decisions; costs of proceedings; resolutions; nullity. Measures of a general nature, protection against inaction by administrative authorities, decision-making by administrative authorities in the field of environmental protection.
10. Special provisions regarding certain decisions, affected authorities. Interim decisions and partial decisions. Affected authorities. Decisions conditional upon a binding opinion. Orders, issuance of documents. The role of affected authorities in the field of environmental protection.
11. Appeal proceedings. Appeal, appeal period, effects of the appeal. Filing an appeal and the procedure of the administrative authority that issued the contested decision. Procedure of the appellate administrative authority, decision of the appellate administrative authority. Administrative review. Remedies in environmental protection matters.
12. Extraordinary remedies. Review proceedings and their characteristics; initiation and decisions in review proceedings; expedited review proceedings; effects of decisions in review proceedings. Reopening of proceedings; new decisions; review of decisions in the field of environmental protection.
13. Statements, certificates, notifications, complaints. Binding opinions and statements in the field of environmental protection.
2. Subject-matter and territorial jurisdiction. Referral due to lack of jurisdiction. Requests for assistance. Recusal from hearing and deciding a case. Changes in jurisdiction, disputes over jurisdiction. Jurisdiction of state administration bodies in the field of environmental protection (e.g., water management authorities, nature conservation authorities, the Czech Environmental Inspection Agency).
3. Conduct of proceedings, case file, and service of process. Procedural acts. Language of proceedings. Case file management, requirements for the case file. Authorized official. Minutes. Conduct of administrative proceedings in environmental matters. Service of process on natural and legal persons. Official bulletin board, service by public notice. Obstacles to service of process.
4. Parties to the proceedings and representation. Doubts regarding party status. Capacity to sue and be sued. Representative, representation by operation of law, and guardianship. Representation by power of attorney, joint representative, and agent. Actions of parties to the proceedings and access to the case file. Participation of the public and affected entities in environmental proceedings (e.g., associations).
5. Time limits and calculation of time, actions prior to the initiation of proceedings, grounds for issuing a decision. Setting a time limit for performing an action. Restoring the previous state. Accepting requests to initiate proceedings. Postponing a case. Explanations, securing evidence, preliminary information. Requests and procedures of administrative authorities in the field of environmental protection. Inspection activities of administrative authorities. Act No. 255/2012 Coll., on Inspection (Inspection Rules) – basic principles of inspection, rights and obligations of the inspector and the inspected party.
6. Initiation of proceedings. Initiation of proceedings on an application, application. Initiation of proceedings ex officio. Barriers to proceedings. Oral hearing. Basis for issuing a decision. Evidence, preliminary question. Specifics of administrative proceedings in the field of environmental protection (e.g., Water Act, waste, nature conservation).
7. Ensuring the purpose and conduct of proceedings. Summons, bringing before the authority, preliminary measures, administrative fines, expulsion from the venue of the proceeding. Administrative law instruments in the field of environmental protection (remedial measures, sanctions). Administrative penalties and offenses. Act No. 250/2016 Coll., on Liability for Offenses – liability for an offense, types of sanctions, fundamentals of offense proceedings.
8. Suspension of proceedings, discontinuation of proceedings, special provisions regarding certain proceedings. Suspension of proceedings, discontinuation of proceedings, joint proceedings, contentious proceedings, proceedings to determine a legal relationship, on-site proceedings, proceedings involving a large number of participants, proceedings with advance notice of a request, proceedings regarding the selection of a request. Specific proceedings in the field of environmental protection (EIA/SEA, integrated permitting, unified environmental).
9. Decisions, resolutions, measures of a general nature, inaction. Content, form, and requirements of decisions; deadlines for issuing decisions; notification of decisions; legal force and enforceability of decisions; defects in decisions. Ex officio decisions; costs of proceedings; resolutions; nullity. Measures of a general nature, protection against inaction by administrative authorities, decision-making by administrative authorities in the field of environmental protection.
10. Special provisions regarding certain decisions, affected authorities. Interim decisions and partial decisions. Affected authorities. Decisions conditional upon a binding opinion. Orders, issuance of documents. The role of affected authorities in the field of environmental protection.
11. Appeal proceedings. Appeal, appeal period, effects of the appeal. Filing an appeal and the procedure of the administrative authority that issued the contested decision. Procedure of the appellate administrative authority, decision of the appellate administrative authority. Administrative review. Remedies in environmental protection matters.
12. Extraordinary remedies. Review proceedings and their characteristics; initiation and decisions in review proceedings; expedited review proceedings; effects of decisions in review proceedings. Reopening of proceedings; new decisions; review of decisions in the field of environmental protection.
13. Statements, certificates, notifications, complaints. Binding opinions and statements in the field of environmental protection.
E-learning
Literature
PARKER, Collins. Administrative law: cases and materials. Windhoek, Namibia: University of Namibia Press, 2019. ISBN 978-99916-42-47-5 .
TAVARES SILVA da, Tavares. Administrative Law for the 21st Century. Berlin: Springer, 2024. ISBN 978-30-315-5794-1 .
UHLMANN, Felix. Codification of Administrative Law. New York: Bloomsbury, 2025. ISBN 978-15-099-5496-4 .
TAVARES SILVA da, Tavares. Administrative Law for the 21st Century. Berlin: Springer, 2024. ISBN 978-30-315-5794-1 .
UHLMANN, Felix. Codification of Administrative Law. New York: Bloomsbury, 2025. ISBN 978-15-099-5496-4 .
Advised literature
CRAIG, Paul. EU Administrative Law. Oxford: Oxford University Press, 2026. ISBN 978-01-979-0426-8 .
TAVARES SILVA da, Tavares. Administrative Law for the 21st Century. Berlin: Springer, 2024. ISBN 978-30-315-5794-1 .
UHLMANN, Felix. Codification of Administrative Law. New York: Bloomsbury, 2025. ISBN 978-15-099-5496-4 .
TAVARES SILVA da, Tavares. Administrative Law for the 21st Century. Berlin: Springer, 2024. ISBN 978-30-315-5794-1 .
UHLMANN, Felix. Codification of Administrative Law. New York: Bloomsbury, 2025. ISBN 978-15-099-5496-4 .