Administrative law
Proceedings before authorities
Act No. 500/2004 Coll. (Administrative Procedure Code)
Every matter at an authority is proceedings with its own rules: the right to inspect the file, to comment on the evidence, to receive decisions. Whoever knows the procedure runs the case.
What the law says
The Code gives a party real tools: access to the file (§ 38), the right to comment on the grounds of the decision (§ 36), binding deadlines for the authority and mandatory content of decisions (§ 68). Breaching any of them is a potential ground for annulment.
The authority must establish the facts beyond reasonable doubt and reason its conclusions; it may not shift the burden of proof onto you where the law does not require it. These limits bind a city hall, an inspectorate and a ministry equally.
How the work runs
I enter the proceedings under a power of attorney: requesting the file, fixing the deadlines, preparing positions and objections. I attend oral hearings with you or for you — the protocol looks different once a lawyer takes part.
The strategy is built backwards: which decision we need and which evidence the authority cannot get around. In parallel I document every step the office takes — that timeline serves both the appeal and the court.
Deadlines and pitfalls
The most dangerous mode is “silent” participation: uncollected letters are deemed delivered by fiction, and a missed ten-day comment period does not come back. Watch the data box and the mail — or hand that to the attorney.
Frequently asked questions
Can I see what sits in my file?
Yes — § 38 of the Code guarantees inspection of the file, extracts and copies. Requesting the file is my first move: it often contains what the authority kept quiet about in correspondence.
The authority demands documents I do not have. Now what?
First we verify whether it may demand them: part of the data the office must obtain itself from public registers. If the demand is lawful, we supply it; if not, we answer with a reasoned objection instead of endless supplements.
Must I appear in person when summoned?
A summons binds: unexcused absence risks a procedural fine. Much can nonetheless be done in writing or through a representative — I check the format and appear for you where the law allows.
May I record an oral hearing?
Taking notes is an unconditional right; audio recording is announced to the authority. What matters more: insist your objections are entered in the protocol — later disputes turn on what it says.
The authority cites an “internal methodology”. Is that law?
No. Methodologies bind officials, not you; the decision must rest on statute. A methodology that conflicts with the law is a ready-made appeal argument.
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