Stosowanie zakazu reformationis in peius w czeskim postępowaniu administracyjnym
THE APPLICATION OF THE PROHIBITION OF REFORMATIO IN PEIUS IN CZECH ADMINISTRATIVE PROCEEDING
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The rule prohibiting reformationis in peius is a result of the declaratory (directory) nature of appeal; it subsists in that the body deciding exclusively on the appeal lodged by a participant in proceedings, or in his favour, may not deteriorate the standing of this participant by its decision. The Code of Administrative Procedure 2004 reduced the right of an appellate body to decide against the appellant in general administrative proceedings, however, the formulation of exceptions is rather unclear. The article analyses the limits of applicability of the prohibition of reformation in peius in Czech general administrative proceedings and in proceedings with respect to administrative delicts.
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