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Lecturer(s)
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Frumarová Kateřina, doc. JUDr. Ph.D.
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Madleňáková Lucia, JUDr. Ph.D.
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Küchlerová Martina, JUDr. Ph.D.
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Pospíšil Daniel, Mgr.
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Grygar Tomáš, JUDr. Ph.D.
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Mácha Aleš, JUDr. Ph.D.
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Melotíková Petra, Mgr. Ph.D.
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Course content
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1. The term "administrative justice". The role of administrative justice in the division of powers. Models of administrative justice in the world. 2. History of administrative justice. Fundamental features of the Czech legal regulation of administrative justice including constitutional foundations. The role of judicature in the creation of rules. 3. Bodies of administrative justice. Special administrative panels by regional courts. The Supreme Administrative Court. Interior organization of the Supreme Administrative Court. Institutional aspects of the "Private Administrative Justice" (under the 5th part of the Code of Civil Procedure). 4. Powers and jurisdiction in administrative justice. Differences between public and private administrative justice. Differences between administrative justice and civil procedure. Deciding conflicts of competence. 5. General issues of the procedure of administrative justice: conditions of the proceedings, participation in the proceedings, the principle of public and oral hearing, relevant evidence, types of decisions of administrative courts and their essentials, satisfaction of petitioner, preliminary measures. 6. Proceeding before a regional administrative court. Types of actions. Possible combinations of actions. Relationship between different types of actions. 7. Action against a decision of an administrative authority I.: The term "a decision of an administrative authority" under the Code of Administrative Justice, jurisdictional exclusions, scope of judicial review of administrative decisions at administrative justice. 8. Action against an administrative decision II.: Practical survey about the most common actions acc ording to concrete branches of law with the focus on typical issues (tax law, social security, asylum issues, administrative punishing etc.) 9. Action against an administrative unlawful interference. Action against an administrative failure to act. 10. Judicial review of measures of a general application. Competence complaints. Electoral judiciary. Justice in matters concerning political parties or political movements. 11. Remedies against decisions of administrative courts - cassation complaint, reopening of proceedings. 12. Preliminary questions referred to the European Court of Justice by administrative courts. Differences between constitutional and administrative justice.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The course provides with information concerning the judicial control of the public administration. It introduces constitutional foundations of the Czech Administrative Justice and its historical development. It also provides with basic information about other existing systems of administrative justice in the world. The course focuses on the public administrative justice, but it also mentions the "private administrative justice" and its consequences (in particular deciding conflicts of competence). It also deals with judicial protection of political rights (justice in electoral matters, justice in matters concerning political parties or political movements) and other issues concerning the administrative justice - preliminary questions to European Court of Justice, differences between administrative and constitutional justice etc. The subject innovation has been supported by the project Support of Interdisciplinary studies and Study Programmes Innovations at Palacký University in Olomouc, CZ.1.07/2.2.00/28.0091.
Students who have completed this course will gain the knowledge and skills, which provide them with capability to conduct procedure before the administrative court as a judge of an administrative court or to successfully defend individuals´ rights before the administrative court.
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Prerequisites
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Completion of this course is not conditional upon completion of any other course.
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Assessment methods and criteria
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Mark
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Recommended literature
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Soubor podkladů pro zpracování samostatných seminárních prací (zpřístupňováno studentům v průběhu semestru.
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Dienstbier, F. Správní soudnictví. Interaktivní studijní opora v systému EDIS. Portál aplikací UPOL.
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Jemelka, Podhrázský, Vetešník, Zavřelová, Bohadlo, Šuránek. (2013). Soudní řád správní. Komentář. Praha: C.H.Beck.
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Šimíček, V., Potěšil, L. a kol. (2014). Soudní řád správní. Komentář. 1. vydání. Praha: Leges.
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