The Supreme Administrative Court is there for you if you feel aggrieved by the administrative authorities. For example, if you get into a fight with the taxman. However, this is the last resort. In this article, we will tell you what the Supreme Administrative Court is responsible for, what its structure is and how it decides.
The Supreme Administrative Court was established in 1918 as the Supreme Administrative Court of Czechoslovakia. It was based in Prague and was responsible for administrative justice in the whole of what was then Czechoslovakia. It built on the work of its predecessor, the Administrative Court of Justice, which was still operating under the Austro-Hungarian Empire.
During the Nazi occupation, the Czechoslovak administrative judiciary was restricted. In Slovakia, the Supreme Administrative Court of the Slovak Republic was established and continued to function after the end of the Second World War. The original Supreme Administrative Court in Prague continued to function in the Czech Republic and retained a certain degree of independence.
After the liberation of Czechoslovakia, its function was partially restored. However, it was not fully restored due to staffing problems and problems with the Slovak Administrative Court. With the growing influence of communism, it lost its function completely and was officially abolished in 1952.
After the Velvet Revolution, the Supreme Administrative Court was gradually transformed into what we know today. In 1993 it was to become part of the administrative judiciary of the Czech Republic. However, its actual establishment did not take place until ten years later.
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Do you want to defend yourself against it? We will assess your chances of success and take care of the preparation of an appeal, appeal or constitutional complaint, depending on the proceedings and the stage they are at.
The Supreme Administrative Court, or SAC, is responsible for adjudicating administrative court cases involving decisions made by administrative authorities. It is therefore tasked with ensuring that the actions of administrative authorities comply with the law. In practice, this means that it decides on extraordinary appeals against decisions of regional courts, which are subordinate to the Supreme Administrative Court in their administrative activities.
Tip: You can read more about appeals in our article.
In addition, he is responsible for a number of other things:
Tip: Read about the law enforcement agencies (courts, police and prosecutors) and what the Criminal Procedure Code says about them.
The Supreme Administrative Court devotes most of its time to the aforementioned cassation complaints. This is an extraordinary remedy by which you can appeal to the Supreme Administrative Court of the Czech Republic to challenge the decision of lower administrative courts if you believe that the decision is contrary to law or has other factual or procedural deficiencies.
The Supreme Administrative Court of the Czech Republic has the power of appeal to assess whether a decision of a lower administrative court was implemented in accordance with administrative law and whether administrative procedure was followed.
If the Supreme Administrative Court of the Czech Republic upholds the appeal, it may annul the decision of the lower administrative court and refer the case back for a new hearing.
Tip: Definitely do not file a cassation complaint yourself. This is a complicated matter and you could lose not only the appeal fee but also the very possibility of using this remedy. We therefore strongly recommend that you contact an experienced lawyer who can sort everything out for you.
Many decisions of the Supreme Administrative Court attract media attention, either because of the subjects they affect or because of the broad impact they have.
In the past, for example, the case of the rejection of a cassation complaint by the Prague Municipality against the decision of the Municipal Court in Prague, which annulled the approval for the construction of the Blanka tunnel complex, has attracted media attention. The reason was the failure to comply with one of the conditions of the building permit.
The extradition of the Russian hacker Yevgeny Nikulin to the USA was also a case that was followed by the media. Here too, the Supreme Administrative Court was one of the important players, ruling on Nikulin’s cassation complaint. However, before its decision came down, Nikulin was extradited on the instructions of the then Minister of Justice Pelikán, which was, however, assessed as a premature step and prompted the payment of compensation for non-pecuniary damage in the amount of a quarter of a million crowns.
The Supreme Administrative Court also intervened in the case of an illegally constructed solar power plant built by so-called “godfathers” associated with ODS. The power plant was built on the basis of an illegal zoning decision and building permit, which was confirmed by the Regional Court in Ústí nad Labem and subsequently by the Supreme Administrative Court.
Tip: The system of courts in the Czech Republic may seem relatively clear and straightforward, but we still encounter a number of questions about it. Do you want to find a district court in Prague? Wondering which court is civil and which is criminal? Do you know how the Supreme Court and the Constitutional Court differ? Find out in our article on: Which court to turn to.
Cases involving covid measures taken hastily by state authorities were also monitored. According to one decision of the SAC, the Ministry’s measure on the compulsory wearing of respirators was illegal.
The Supreme Administrative Court (SAC) consists of a president (currently Karel Šimka), a vice-president and judges who rule in chambers:
Tip: How to become a judge, how much do they pay and how are judges appointed? Find out in our next article.
Some simple procedural decisions may be made by the President of the Chamber. All the judges form a full court, which decides on the number of chambers on a proposal by the President. In order to ensure uniformity of court decisions, the Supreme Administrative Court publishes the Collection of Decisions.
Tip: You can also read about how the administrative justice system works as a whole and how the administrative courts can help you.
The Supreme Administrative Court specialises in administrative litigation concerning decisions of administrative authorities. Its competences include, in particular, deciding on cassation complaints, competence disputes between public authorities, electoral complaints and disciplinary proceedings concerning judges, bailiffs and prosecutors. The SJC has an extensive structure comprising chambers specialised in various types of cases, including electoral, competence and extended chambers.
Has the court ruled against you and do you want to fight it? We will assess your chances of success and take care of preparing an appeal, appeal or constitutional complaint depending on the proceedings and their stage.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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