The pandemic of the infectious disease Covid-19 affected everyday life including public administration. In order to proceed with its duties, public administration had to adapt to these new and unprecedented conditions. The main goal of the article is to assess how public administration bodies adapted to the Covid-19 pandemic, especially in terms of the principle of the speed of procedure in the sense of the right to a fair trial within a reasonable time. In order to achieve this goal, the article focuses on public administration’s adaptation to the pandemic from the perspective of the Visegrad Group countries (V4). It analyses the digitalisation of public administration in relation to delivery, speed of procedure, usage of new technologies, as well as several other areas of public life affected by the pandemic. Specific examples from all V4 countries are analysed and compared in order to identify which approaches were taken by public administration, how they changed the way public administration carried out administrative procedures, and which values were decisive for these changes. Based on these examples, the article concludes that the approach taken by respective legislatures and public administrations in the V4 region complies with the law, but also presents several exceptions.
The article deals with the idea of simplification of administrative procedure on the example of legal regulation that can be found in Poland, Slovakia, the Czech Republic, and Hungary. This legal regulation comes from the same or similar evolution and legal conditions. General legal regulation of administrative procedure is represented by so called Code of Administrative Procedure. Existence of such code in all mentioned countries might be regarded as a first step towards simplification. Using research methods—dogmatic, normative, and, namely, comparative—the article examines concrete examples of simplification in mentioned countries that have similar approaches in solving this demand. This article mentions possible views (or addressees) on the need of simplifications as well as possible limits of this issue. In this sense, the protection of the public interest and protection of rights of individuals presents certain limitations to simplification. Legal regulation of administrative procedure is complicated. Although each legal regulation is in detail specific, we can find some common solutions in particular legal regulation of simplifications. Such results of this article might be useful (not only) for further comparison in European countries.
This paper is devoted to the issue of judicial protection in case of (or against) administrative silence (inactivity) and its effectiveness on the case study of the Czech Republic. The aim of judicial protection against administrative silence is to help solving or terminating administrative silence quickly, otherwise, an imaginary vicious circle is created. The purpose of the paper is to verify whether judicial protection is indeed effective by surveying the related legislation and court practice (especially the length of proceedings) dealing with the so-called inactivity. The methods of analysis applied are normative analysis, literature review, statistical analysis of decision-making activities of courts and deduction. Our findings establish that due to the excessive length of court proceedings and incomprehensible legal regulation it is difficult to view the judicial protection against administrative silence as being a speedy and effective instrument of remediation of inactivity on the part of administrative authorities. The results can serve as a ground to compare the situation with other similar countries and to exchange best practices.
This paper focuses on the new legal regulation that came into effect on 1.07.2017. This represents a relatively new approach to punishment realized by the administrative bodies. The new legal regulation has changed the system of administrative delicts itself as well as practice of administrative bodies. Not only in Poland, where there was a newly-adopted new legal regulation in the Administrative Code KPA, but also in the Czech Republic, we can see how the phenomenon of administrative punishment is becoming important and is an important part of the functioning of public administration. This paper would like to analyze important changes as well as some questions that the new legal regulation in the Czech Republic has brought.
The right to have one's case heard within reasonable time constitutes one component of an effective judicial protection. The aim of this paper is to establish the reasons for delays in proceedings before the Supreme Administrative Courts in the Czech Republic and in Poland, to analyze why they exist, and to formulate proposals on how the structural and procedural activity of these courts could be organized more effectively. The international and national standards as well as the Polish and the Czech standards pertaining to the right to have one's case heard within reasonable time and the reasons for unjustified delays will be examined, and the explanations for their occurrence will be provided. Proposals will then be formulated on how to make the procedures more effective. The ideas formulated are relevant in both countries for the two judicial systems, but also for other judiciaries, which also experience the same problems with system delays.
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