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DŽAČKOVÁ, M.: A decision and a
measure of the public authority and their judicial review.
Právny obzor, 101, 2018, č. 1,
s. 62 - 82.
Abstract. The
Administrative Judicial Rules, effective since July 1, 2016, has dramatically
changed administrative judiciary in the Slovak Republic. The new procedural
rules for courts established new legal institutes while amending customary
institutes. The article deals with two key legal institutes of judicial rewiew
in public administration -those of decision and measure, both rendered by
administrative authorities. Administrative decision is examined by court if it
established, modified, revoked or declared rights and obligations of natural
persons or legal entities, or by which the rights and interests protected by law,
or duties of natural persons or legal entities may be directly affected.
Administrative measure is subject to judicial review if the rights and interests
protected by law or duties of natural persons or legal entities may be directly
affected by it. The author of this paper define the relationship between
administrative decision and administrative measure. The author tries to define
the words „decision" and „measure" theoretically, demonstrating examples of „decisions"
and „measures", that are in compliance with the new Administrative Judicial
Rules. Defining the nature, the differences and relationship of administrative
decision and administrative measure is essential both for a successful
administrative action and for ensuring uniformity in judicial deciding as well
as legal certainty for individual natural persons and legal entities as for what
rights were violated by administrative authority.
Key words: decision,
measure, judicial examination, Administrative Judicial Rules
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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