The point of claim as an essential element of the complaint against the decision of the administrative authority and its proper formulation Cover Image

Žalobní bod jako esenciální náležitost žaloby proti rozhodnutí správního orgánu a jeho řádné vymezení
The point of claim as an essential element of the complaint against the decision of the administrative authority and its proper formulation

Author(s): Kateřina Frumarová
Subject(s): Law, Constitution, Jurisprudence, Court case, Administrative Law
Published by: Univerzita Palackého v Olomouci
Keywords: administrative justice;disposition principle;point of claim;elements of complaint;complaint against decision od administrative authority

Summary/Abstract: The article focuses on one of the essential elements of the complaint against a decision of an administrative authority, which is a „point of claim“. The Code of Administrative Justice defines it very generally, so its proper formulation often makes it difficult for complainants in practice. The case law related to this issue is highly case-study and in some respects inconsistent. The author therefore provides a detailed analysis of what can still be considered a point of claim and what can no longer be considered. Furthermore, the attention is paid to the court‘s procedure in relation to the elimination of the defect of the complaint consisting in the nondefinition of (at least one) claim point. There is also an analysis of possible additions, extensions or narrowings of the claim points during the proceedings.

  • Issue Year: 16/2021
  • Issue No: 2
  • Page Range: 20-31
  • Page Count: 12
  • Language: Czech