Nečinnost a nezákonný zásah ve veřejné správě – rozdílné kategorie, či nikoliv?
Inactivity and Unlawful Interference in Public Administration – Different Categories or not?

Summary/Abstract: Substance of public administration represents administration as active actions of administrative bodies. The opposite of public administration activity is an inactivity, which is undesirable phenomenon in public administration. Another category of undesirable activity represents unlawful interference. Protection of public subjective rights in the area of interest is provided by action against inactivity and action against unlawful interference. Inactivity and unlawful interference in public administration have many common features, which was confirmed especially by judgements of Supreme Administrative Court. In theory keep appearing opinions about suitability of connection of stated action’s type with idea that any kind of inactivity in public administration would be regarded as unawful interference. The main objective set out in this article is to evaluate legitimacy of separate existence of the stated action types, mainly because their features are very similar.

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