Details

Autor(en) / Beteiligte

• Vedral, Josef

Titel

Kdy je rozhodnutí orgánu obce nicotné?

Ist Teil von

• Acta Universitatis Carolinae. Iuridica, 2010, Vol.56 (1), p.127-147

Ort / Verlag

Univerzita Karlova v Praze, Nakladatelství Karolinum

Erscheinungsjahr

2010

Link zum Volltext

Quelle

EZB-FREE-00999 freely available EZB journals

Beschreibungen/Notizen

• The article is focused on the conditions of nullity (invalidity) of administrative acts which are taken by municipal authorities in the exercise of their public authority. Administrative procedure act define the absolute lack of competence as the reason of nullity (invalidity) of administrative act. The competence of municipality is exercised by the bodies of it. The question is whether the administrative act which is taken by non appropriate body of municipality is invalid or not. The answer on this question is complicated at the first by the fact that the the division of powers among municipal organs depends on the distinction between self-governmental and delegated competence of municipalities and at the second that the municipal act gives to municipality the power to change the division of powers of municipal organs in limited scope and transfer the powers between them. This facts are the main reasons for the conclusion that the administrative act which is taken by non appropriate body of municipality should not be invalid.