Administrative and Judicial Review of Negative Decision Based on Legal Fiction
Administrative and Judicial Review of Negative Decision Based on Legal Fiction

Summary/Abstract: The Charter of Fundamental Rights and Freedoms guarantees everyone the right to timely and complete information about the environment. By exercising this right we may encounter its limits. One of them may be a rejection of requested information, even in the form of fictive, tangibly not existent negative decision. According to the Czech law, protection against these decisions is provided in administrative proceedings and before administrative courts. This article focuses on the protection provided in appellate administrative proceedings and in administrative justice through the action against the decision of the administrative authority. Administrative courts ruled on the issue of a review of negative decisions based on legal fiction many times. However, it stil remains a question how much effective protection is provided by the superior administrative authorities and, in particular, by the administrative courts and whether the existence of the possibility of negative decision based on legal fiction is desirable in the legal order.

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