Uspokojenie žalobcu ako dispozičný úkon žalovaného a aplikačné problémy s ním spojené

Geffertová, H.: Uspokojenie žalobcu ako dispozičný úkon žalovaného a aplikačné problémy s ním spojené. Právny obzor, 108, 2025, č. 1, s. 74 – 86.

https://doi.org/10.31577/pravnyobzor.2025.1.05

The satisfaction of the plaintiff as a dispositional act of the defendant and the applicational problems associated with it. One of the goals of the adoption of the Code of Administrative Procedure was to create institutes of procedural law that would make it possible to get as close as possible to the ideal of quick and fair protection of the rights and legally protected interests of the participants in the proceedings and would create space for better court decisions. One of such institutes is the satisfaction of the plaintiff. By its nature, it is a “conciliation institute”, which is a manifestation of the application of the principle of economy linked to the effectiveness and subsidiarity of judicial protection. It is a means of alternative dispute resolution, which should have the potential to help relieve administrative courts and thereby contribute to efficiency and effectiveness (concerning both costs and resources) of judicial proceedings, in cases where the public administration body is aware of its misconduct. But is the potential being fully used? And if not, why? In this article I will try to answer these questions. The institution of satisfaction of the plaintiff in administrative court proceedings is also the only dispositional procedural act of the defendant, which provides protection to the public subjective rights of the plaintiff, therefore I will focus on this institution also from the point of view of the dispositional principle as a means of protecting the public subjective rights of the plaintiff.

Key words: administrative justice, The Code of Administrative Procedure, dispositional principle, satisfaction of the plaintiff