Uplatňovanie kasačného princípu pri preskúmavaní rozhodnutí správnych orgánov (inauguračná prednáška)

The Application of Principle of Cassation in the Examination of Decisions of Administrative Authorities (Inauguration Lecture)

Doc. JUDr. Juraj Vačok, PhD., Faculty of Law at Comenius University in Bratislava

Právny obzor, Volume 104, 2021, No. 2, pp. 89 – 98.

Published online: 31.8.2021

https://doi.org/10.31577/pravnyobzor.2021.2.01

Abstract. The author summarizes his research relating to the system of remedies against administrative authorities’ decisions. He points out the broad spectrum of them, including appeal, action to the court, cassation complaint, a complaint to the Constitutional Court of the Slovak Republic, and complaint to the European Court of Human Rights. The author also notices on the other measures of reviewing administrative decisions. These are examining outside the appellate procedure, retrial, and supervision by the prosecution. Under the opinion of the author, the comprehensive system of remedies is not necessary the advantage. It could try to ensure better control, but on the other side it could interfere with the principle of legal certainty The author mainly points out the interferences in legal certainty. One of the reasons is that most of the remedies direct against the decisions in force. The second is that a large part of the higher instance authorities decides by the principle of cassation. These elements allow open the finished proceedings and prolong the total length of the whole procedures. According to the analysis of the particular remedies in the whole system, the author offers proposals to the future. He gives his attention to the pros and cons of principles for decision (especially to the appellate principle and principle of cassation). He points out the possibility of reducing some instances. He also states the conditions under which the current system could remain. Finally, the author points out the impact of the current system of remedies on public credibility.

Key words: remedies, review procedure, decision of the administrative body

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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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