Administrative law
Administrative courts
Act No. 150/2002 Coll. (Code of Administrative Justice)
The administrative court is an independent check of lawfulness: here the authority is no longer master of the procedure but the defendant. The formal demands on the action are strict — and so are the standards applied to the office.
What the law says
The action against a decision is filed, as a rule, within two months of delivery of the final decision (§ 72), after internal remedies are exhausted. The court reviews lawfulness — procedure, reasoning, application of the law; expediency stays with the authority.
With the action you may request suspensive effect (§ 73) — a stay of enforcement where disproportionate harm looms. Against the regional court’s judgment a cassation complaint lies to the Supreme Administrative Court, where attorney representation is mandatory.
How the work runs
The action builds on the appeal work already done: the claim points are drafted concretely — the court is bound by them and almost nothing can be argued in later. The stay of enforcement is addressed at once.
I run the case at the regional court: replies, evidence, an oral hearing where needed. I track the Supreme Administrative Court’s case law on similar matters — a matching precedent in the action decides faster than any rhetoric.
Deadlines and pitfalls
The deadline is strict, and for some matters (including certain residence cases) shorter than two months — checked against the special statute. The second trap is the “action against everything”: unspecific points the court need not entertain.
Frequently asked questions
Can the court change the authority’s decision itself?
As a rule no: it annuls an unlawful decision and returns the case with a binding legal opinion. In some categories — typically manifestly disproportionate fines — moderation is possible, i.e. the court itself lowering the sanction.
What does an administrative action cost?
The court fee is CZK 3,000 for an action against a decision (plus a fee for the suspensive-effect request). My fee is quoted in writing after studying the case; on success the defendant state reimburses a substantial part of the costs.
Do I need an attorney for the action?
Not at the regional court; mandatory for the cassation complaint to the Supreme Administrative Court. Practically: the action is bound by its claim points, and a mistake there is not fixed by eloquence at the hearing.
Can new evidence be brought to court?
The court reviews lawfulness as of the date of the authority’s decision; novelties are limited. All the more reason to put everything on the administrative record — the court is not a second attempt but a check of the first.
What does suspensive effect actually give?
A freeze on enforcement — the fine, the demolition, the expulsion — until judgment. Request it with the action, with reasons showing disproportionate harm; otherwise the decision is enforced while you litigate.
Contact
- Address
- Konviktská 291/24, Staré Město, 110 00 Praha 12 minutes' walk from Národní třída (metro B, trams)
- Phone
- +420 700 000 000
- kancelar@advokatpopov.cz
- Data box
- [data box ID]
- Consultations
- Mon–Fri 9.00–18.00in person, online or by phone — by appointment