Pavel Mates

Omitted participant in legal proceedings

Jurisprudence 6/2014 Section: Discourse Page: 36-40

Keywords: party of the court proceedings, decision of the court, legal effect, judicial remedies

Abstract: Addressing who is party to the proceedings is given objectively, the person happens to them, either on its own initiative or because the law is so marked, fixed. Determining whether a person has that status is not yet a matter of procedural law, but it has its important substantive implications. The problem arises when someone claims that a participant is not with him thus treated, which can happen even in the appeal. Administrative Procedure seeks to address this situation based on the balance between the right to be a party to the proceedings and the rights of other entities that may be affected by a decision where there is a significant place, the principle vigilantibus sunt leges scriptae, the principle of procedural efficiency and economy. Given the nature of the legislation, always plays a crucial role in addressing specific situations application practice.