K pojetí a členění forem správní činnosti po 40 letech
On the Concept and Division of Administrative Activity Forms after 40 Years
Author(s): Josef StašaSubject(s): Civil Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: public administration; administrative activity forms; abstract act; measure of a general nature; administrative act; factual interference; public contract; non-regulatory action
Summary/Abstract: The administrative activity forms are defined as groups of relatively homogeneous public law actions of public administrators. Their distribution is the result of the cascading application of several classification criteria. This approach was presented in Czech literature exactly just 40 years ago. In the new social conditions both doctrine changes and terminological changes occurred. Doctrinal knowledges had a practical impact on the formulating of valid Code of Administrative Procedure. At present, theory describes abstract acts, measures of a general nature, administrative acts, factual interferences, public contracts and non-regulatory actions as administrative activity forms. The suitability of complementing the cascading approach to the division of forms of administrative activity by the matrix approach is turning out. It is appropriate to discuss the relation between the material and formal concepts of some administrative activity forms. There is also the possibility of a broader conception of administrative activity by including some private law negotiations.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 66/2020
- Issue No: 2
- Page Range: 11-22
- Page Count: 12
- Language: Czech