Absencia žaloby proti rozhodnutiu správneho orgánu v sporoch o oprávnení vykonávať archeologické výskumy
| Title in English | Absence of a lawsuit against the decision of the administrative body in disputes about the authorization to conduct archaeological research |
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| Authors | |
| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
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| Citation | |
| Description | Law no. 20/1987 Coll., on state heritage care, as amended, gives the Ministry of Culture the possibility, after agreement with the Academy of Sciences of the Czech Republic, to allow universities, museums, and other legal and natural entities to carry out archaeological research. This is a fundamental aspect of archaeological heritage care, the goal of which is to adequately ensure the protection of public interest in the territory of the entire republic. Several obligations are attached to the authorization, including the obligation to conclude a public contract with the Academy of Sciences on the scope and conditions of conducting archaeological research. The Ministry of Culture is the administrative body that decides on the possible revocation of authorization or on disputes arising from public contracts. Even though a lawsuit against the decision of an administrative body is the right tool of protection, which allows to review the activity of the executive power, in the cases in question it is the last solution, following the exhaustion of other, incorrect, procedures. The task of the article is to first describe the course of selected cases and the seemingly purposeful effort to avoid proceedings before an administrative body, which forces the courts to navigate the parties to a legally compliant procedural procedure again and again, and then to present a reflection on what reasons lead to such marginal use of the lawsuit against the decision of the administrative body in the field of archaeological heritage care. |
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