Review Proceedings According to Code of Administrative Procedure on Measures of a General Nature

Keywords: measures of a general nature, Code of Administrative Procedure, review proceedings, participants in proceedings

Abstract: The essential feature of measures of a general nature as a form of public administration is that in a particular case do not obligatorily regulate legal situations of individually determined persons, but persons defined in a generic manner. If the measure of a general nature is not intended for individually determined group of persons, there is no group of persons with whom it could be dealt while creating a measure as participants in proceedings. Procedure of administrative bodies leading to issuing a measure of a general nature cannot be understood as a proceedings in the process meaning of word because as the fundamental feature of each legal process can be considered that there, next to the body competent to decide authoritatively, are persons to whom relate or may relate the effects of decisions issued, and to whom are given procedural rights and obligations. The article is focused on the specifics of procedure for remedy of illegal measures of a general nature in the review proceedings under the Code of Administrative Procedure, in which the superior administrative body has the competence to cancel the illegal measures of a general nature. Review proceedings in relation to measures of a general nature is a supervisory process, but within this process is reviewed other form of administrative activity than a decision (administrative act) – the measure of a general nature, which was not result of an administrative proceedings. In general, the review proceedings, which subject is a measure of a general nature, is proceedings without participants in proceedings, which itself is not an administrative proceeding. A specific case is the review proceedings in relation to measures of a general nature which are issued by the local self-government authorities in connection with the implementation of their constitutional right to local self-government. The article reacts to actual case law of the Supreme Administrative Court, which deals with the procedural rights of municipalities where it is in the review proceedings assessed the compliance of local plans. The legal regulation on review proceedings in relation to measures of a general nature is very severe, administrative bodies shall in the review proceedings adequately apply the provisions of the Code of Administrative Procedure. The article points out substantial differences of the administrative proceedings, that is conducted with specific persons as participants in proceedings, from procedure of reviewing measures of a general nature in which no specific persons have procedural rights of participants in proceedings.