Obec jako „žalobce-navrhovatel“ v environmentálním soudním řízení správním
| Title in English | The Municipality as the "Plaintiff - Petitioner" in the Environmental Administrative Proceedings |
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| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | České právo životního prostředí : časopis České společnosti pro právo životního prostředí |
| MU Faculty or unit | |
| Citation | |
| web | Open access časopisu |
| Keywords | measures of a general nature; municipality; plaintiff - petitioner; motion for annulment under §101a et seq. of Act No. 150/2002 Sb.; administrative justice |
| Description | This paper deals with the position of the municipality as the "plaintiff - petitioner" in proceedings under the Rules of Administrative Procedure (Act No. 150/2002 Sb., the Rules of Administrative Procedure). The criterion chosen for examining the position of the municipality is the decision-making process in matters falling within the scope of environmental protection - which also includes planning in our view (especially the issue of land use planning). The paper first focuses on the importance of the administrative proceedings as an instrument of the public administration's control. Then it defines in what actions or motions (as they are regulated in §§ 65 et seq. of the aforementioned Act) the position of the municipality as the "plaintiff - petitioner" comes into consideration. What follows is the aspects of the chosen procedure, namely the procedure for the annulment of measures of a general nature falling within the scope of environmental protection. The paper also deals with the issue of the entitlement of the municipality to submit motions for the annulment of measures of a general nature, and with certain aspects of the above mentioned proceedings which municipalities as the petitioners have to take into account. Attention is paid to the possibility of the municipality to sue in public interest, i.e. "actio popularis", dealing with the current practice of the Czech administrative judiciary. Last but not least, the paper is also concerned with the question what review regime (as for the review in the administrative judiciary) the outcome of the review procedure of a general nature is subject to under the Rules of Administrative Procedure. An analysis of the legal action to annul a measure of a general nature reflects the current application of law not only due to the choice of certain aspects but also due to the environmental topic (thus being a reflection of the actually applied law and not only of the written one). |
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