Ochrana proti nečinnosti správního orgánu

Abstract

The work focuses on the issue of unlawful inaction by administrative authorities. This represents a serious violation of legal regulations by these bodies. Unfortunately, in practice, it is a very widespread phenomenon. Unlawful inaction can arise from many different causes, none of which are justifiable.

Once an administrative authority becomes inactive, it is necessary to have appropriate legal instruments available to defend against this unlawful situation. Protection is provided on two levels. The first level is protection within administrative proceedings. The second level of protection is provided through administrative judiciary.

The practical part analyzes cases of inaction handled by various regional authorities in the Czech Republic and selected administrative courts. At the level of administrative proceedings, cases of inaction in the area of building administration (activities of building offices) were examined. The frequency of unlawful inaction was assessed (quantitative aspect), as well as the most common causes that led to the emergence of unlawful inaction by administrative authorities (qualitative aspect).

At the level of administrative judiciary, cases of inaction handled by the Regional Court in Prague were analyzed in more detail. Attention was also paid to the current model of protection against inaction provided by administrative courts.