Effectiveness of Judicial Protection against Administrative Silence in the Czech Republic
| Authors | |
|---|---|
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | Central European Public Administration Review |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.17573/cepar.2019.1.03 |
| Keywords | administrative silence; administrative justice; constitutional court; effectiveness; judicial protection |
| Attached files | |
| Description | This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection again-st administrative silence is to help solving or terminating administrati-ve silence quickly, otherwise, an imaginary vicious circle is created. The purpose of the paper is to verify whether judicial protection is indeed effective by surveying the related legislation and court practice (especi-ally the length of proceedings) dealing with the so-called inactivity. The methods of analysis applied are normative analysis, literature review, sta-tistical analysis of decision-making activities of courts and deduction. Our findings establish that due to the excessive length of court proceedings and incomprehensible legal regulation it is difficult to view the judicial protection against administrative silence as being a speedy and effecti-ve instrument of remediation of inactivity on the part of administrative authorities. The results can serve as a ground to compare the situation with other similar countries and to exchange best practices. |