Wznowienie postępowania w słowackim postępowaniu sądowoadministracyjnym
Reopening of proceedings in the Slovak administrative court procedure

Summary/Abstract: Background: Until 1 July 2016, the Slovak legal system did not provide for a demand to re¬open administrative proceedings; instead, proceedings could be reopened under the procedure laid down in the code of civil procedure (Občiansky súdny poriadok). The current version of the Slovak code of administrative procedure – Spravny Sudny Poriadok – regulates in part five two extraordinary legal measures against a final judgment: the cassation appeal and the demand to reopen administrative court proceedings. Research purpose: The research covers the demand to reopen proceedings. Accordingly, the objective was to determine the essence and character of this legal measure, conditions for the admissibility thereof, as well as the course of reopened proceedings. Methods: The research was carried out predominantly using the empirical-dogmatic method, further backed by ahistorical method and comparative method. Conclusions: The list of three positive conditions for the demand to reopen proceedings has a mixed character: it encompasses one condition that is considered to be one of the so-called ac¬tual reasons for the reopening, and two conditions related to inconsistency of the challenged judg¬ment with other judgments issued by courts and international tribunals. The demand to reopen proceedings does not have a devolutive character and its submission has a relatively suspensive effect. Proceedings launched by the demand to reopen administrative proceedings encompass two phases: the first one (iudicium rescindens) involves examination of the fulfilling the conditions for examination of the demand to reopen proceedings. This stage concludes with a judgment as to the admissibility of reopening or refusal to reopen proceedings. The second stage (iudicium rescis-sorium), reopened proceedings, consists in a substantive examination of the demand.

• Details
• Contents