Absencia žaloby proti rozhodnutiu správneho orgánu v Archeologickej pamiatkovej starostlivosti. Spory o oprávnení vykonávať archeologické výskumy
| Title in English | Absence of a lawsuit against the decision of the administrative body in Archaeological monument care. Disputes about the authorization to conduct archaeological excavations |
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| Authors | |
| Year of publication | 2023 |
| Type | Article in Proceedings |
| Conference | COFOLA 2023 část 5 – Žaloba proti rozhodnutí správního orgánu |
| MU Faculty or unit | |
| Citation | |
| Description | Act No. 20/1987 Coll., on State Historic Preservation, as amended, contains several areas in which protection by action against a decision of an administrative authority may be considered. The paper will introduce these areas and then will focus on the issue of authorization to carry out archaeological research. The law gives the Ministry of Culture the possibility, in agreement with the Academy of Sciences of the Czech Republic, to authorize universities, museums and other legal and natural persons to carry out archaeological research. This is a fundamental aspect of archaeological conservation, the aim of which is to adequately ensure the protection of the public interest throughout the territory of the Republic. A number of obligations are attached to the authorisation, including the obligation to conclude a public contract with the Academy of Sciences on the scope and conditions for carrying out archaeological research. The Ministry of Culture is the administrative authority which decides on any withdrawal of the authorisation or on disputes arising from the public law contract. Although an action against a decision of an administrative authority is the proper remedy for reviewing the action of the executive, it is the last resort in the disputes in question, following the exhaustion of other, incorrect, remedies. The purpose of this paper is first to describe the course of the selected disputes and the seemingly almost purposeful effort to avoid proceedings before the administrative authority, which forces the courts to navigate the litigants to a legally compliant procedural procedure again and again, and then to present a reflection on the reasons that lead to such a marginal use of the action against the decision of the administrative authority in the field of archaeological conservation. |
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