Problém subsumpce správních aktů
Year: 2025
Type: article
Abstract: Subsumption (or consolidation) is intended to designate a link between administrative decisions (acts), where the resultant and final administrative decision is preceded by one or more conditioning administrative decisions with their binding effect reflected in the final decision. The adoption of the conditioning decisions is arranged through the administrative authority competent to pass the final decision. The conditioning decisions are not separately communicated to the person concerned and it is upon the notification of the final decision that they come into legal force and effect. Examples of subsumption in positive law can be found primarily in the area of trades licencing law and building law. In the theory of subsumption, the reviews of the conditioning and final decisions shall primarily be dealt with, as well as the consequences of nullity or failure to pass the conditioning decision and the implications of a variance between a final decision and a conditioning one. The efficiency of the legal procedure based on subsumption is rather low mainly because it has not been sufficiently worked out. The solution rests either in perfectioning the procedure or replacing subsumption by another type of consolidated decision-making, e.g. through a successive or integrated decision making.
Source: AUC IURIDICA
Author: Josef Staša
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4407563952