Žalovaný v řízení na ochranu před nezákonným zásahem správního orgánu
Defendant in proceedings for protection against unlawful interference by an administrative body

Summary/Abstract: The article provides an analysis of rules for determining the defendant in proceedings against an illegal intervention pursuant to Section 81 et seq. Code of Administrative Justice in the cases where the claimant is certain to use an action against an illegal intervention. Thus, it is not the purpose of the article to distinguish between the types of action so as to determine whether the claimants should defend themselves against an alleged illegal conduct of public administration by an action against a decision or an action against an illegal intervention (or another type of action). In order to attain an effective protection from the court, the proper determination of the defendant is important for assessing whether the defendant had acted within the limits of their legal powers and in the manner required by law. If they had not, it serves to determine upon which specific body or part of public administration the administrative court shall impose the enforceable duty to stop the ongoing intervention, to avoid its recurrence or to eliminate its consequences, or to determine against which body or part of the public administration the court shall declare the intervention illegal.The analysis is based primarily on the case law of the Supreme Administrative Court.

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