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Binding of legal opinion of an appellate administrative body Abstract This thesis concerns quite a narrow subject, the binding of a legal opinion of an appellate administrative body. This principle is enshrined in Section 90 paragraph 2 subsection b) of Administrative Procedure Code, i.e. in a provision concerning a decision of an appellate administrative body. Binding legal opinion is linked with a cassational way of deciding, which indicates a type of decision which resides in sole annulment (revocation) of a challenged administrative decision and returning the case for new consideration. The first chapter maps an evolution of anchoring issued principle in legal regulations of administrative procedure effective in Czech lands. Furthermore, it discusses a binding legal opinion in relation to remedial principles. The thesis highlights the negative tendency of overusing the cassational way of deciding by appellate administrative bodies, on the contrary, it also points out situations that disallow administrative bodies to use it. First chapter also presents some possible characters of issued legal opinions, which mainly means to what exactly is the administrative body that issues the new proceedings. This is connected to possible defects of challenged decision for which they are revoked. Second chapter is... |
