Co znamená funkční příslušnost ve správním právu procesním?
What does functional jurisdiction mean in Czech administrative procedural law?
Author(s): Olga PouperováSubject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci_1
Keywords: administrative body;administrative agency;administrative procedural law;organization of public administration;substantive jurisdiction;functional jurisdiction;instance jurisdiction
Summary/Abstract: The article focuses on the functional (internal) jurisdiction of administrative bodies. Functional jurisdiction is not a legal concept in itself. Under case law of administrative courts functional jurisdiction encompasses various aspects of jurisdiction. The doctrine states that institution of functional jurisdiction is necessary because of the diversity of the organization of public administration and understands functional jurisdiction as a particular aspect of substantive jurisdiction. Sometimes functional jurisdiction is associated or identified with instance jurisdiction (as it is in civil procedural law). The author indicates the aspects that need to be considered and differentiated in connection with functional jurisdiction in administrative procedural law. These aspects affect the answer to the question how serious a defect in the functional jurisdiction may be and whether it causes a simple conflict with the law or even nullity of the decision.
Journal: Acta Iuridica Olomucensia
- Issue Year: 15/2020
- Issue No: 2+3
- Page Range: 33-46
- Page Count: 14
- Language: Czech
