Administrative law
Authority inactivity
§ 80 of Act No. 500/2004 Coll. · § 79 of Act No. 150/2002 Coll.
An office’s silence is not force majeure but a breach with a procedural cure. Properly documented deadlines turn waiting into a claim.
What the law says
The authority must decide within the periods of § 71 — 30 days as a rule, 60 in complex matters, unless a special law says otherwise. Once they lapse, § 80 entitles you to ask the superior body for measures: order a decision, take the case over, or extend the period with reasons.
If even that fails, the court route opens: an action for protection against inactivity (§ 79 of the Judicial Code) asking the court to order a decision within a set period. The state bears the costs of a won dispute.
How the work runs
First the audit: which period applies to your proceedings and when it started — from the complete filing, with supplement requests interrupting it under rules the offices like to read loosely. I fix the timeline with documents.
Then escalation up the ladder: a solid § 80 request with the deadline arithmetic, monitoring the superior body’s 30-day reaction, and a court action if silence continues. At each step the office sees the case is run on the record — that alone speeds things up.
Deadlines and pitfalls
The main trap is “artificial” supplement requests resetting the clock: each gets a fast, written answer with the date fixed. The second is suing without exhausting § 80 — the court will reject the action and months are lost.
Frequently asked questions
How long from the request to a court ruling?
A § 80 request is handled within 30 days; inactivity actions are heard with priority — months, not years. Most often the office “wakes up” already at the request stage: continuing the dispute costs it more.
Can I claim compensation for the delay?
Yes — incorrect official conduct gives rise to compensation under Act No. 82/1998 Coll., including non-pecuniary harm for unreasonable length. It is a separate claim; its foundation is the same documented timeline.
Does a supplement request stop the clock?
Yes — but only a lawful, specific one. Serial vague “supplement something” requests are a delay pattern; each gets a fast written answer with the date fixed for the future dispute.
Where is the inactivity request filed?
With the superior body: the region above a city hall, the Commission and the Ministry above the OAMP. I file it with the deadline arithmetic attached — without it the request is easily brushed off.
Will the individual official be punished?
The procedure aims at a decision in your case, not punishment. Established unlawful delay, however, opens state compensation under Act No. 82/1998 Coll., including non-pecuniary harm.
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