ROZHODNUTIE A OPATRENIE ORGÁNU VEREJNEJ SPRÁVY A ICH SÚDNY PRIESKUM
Decision and a measure of the public authority and their judicial review
Languages of publication
The Administrative Judicial Rules, effective since July 1, 2016, has dramatically changed administrative judiciary in the Slovak Republic. The new procedural rules for courts established new legal institutes while amending customary institutes. The article deals with two key legal institutes of judicial review in public administration -those of decision and measure, both rendered by administrative authorities. Administrative decision is examined by court if it established, modified, revoked or declared rights and obligations of natural persons or legal entities, or by which the rights and interests protected by law, or duties of natural persons or legal entities may be directly affected. Administrative measure is subject to judicial review if the rights and interests protected by law or duties of natural persons or legal entities may be directly affected by it. The author of this paper defines the relationship between administrative decision and administrative measure. The author tries to define the words „decision" and „measure" theoretically, demonstrating examples of „decisions" and „measures", that are in compliance with the new Administrative Judicial Rules. Defining the nature, the differences and relationship of administrative decision and administrative measure is essential both for a successful administrative action and for ensuring uniformity in judicial deciding as well as legal certainty for individual natural persons and legal entities as for what rights were violated by administrative authority.
62 – 82
Publication order reference