Administrative law substantive and procedural

1.      A client who was driving a car was stopped by the patrol of the Police of the Czech Republic. The policeman told her she had violated the law by not having stopped at a stop sign at the nearby crossroads. The client is not aware of the violation; on the contrary, she assumes it is a mistake. The policeman offered her that she can pay for the fine in the amount of 1,000 CZK on the spot, which the client refused.

Questions and tasks:

a)     Based on the knowledge of the Administrative Code, advise the client what will follow, what to prepare for (what penalties she might face), or how she can enforce her rights.

b)     What ways to initiate administrative proceedings do you know? How will the administrative proceedings be initiated in the above mentioned case?

c)      What form of fault would it be in the mentioned case?

d)     Which authority should the client lodge an appeal against the decision in the first instance to?

a)     The client refused to voluntarily pay for the fine in so-called block proceedings that will be followed by a notice of initiation of administrative proceedings with the imposition of the deadline for her statements. It is therefore necessary to examine the file to submit her written statements, or to propose evidence in her favour (witness testimony – passenger). She will probably be fined. Authorities could impose more sanctions as warning, disqualification or forfeiture (but in this case it is not usual).

b)     The administrative proceeding is initiated ex officio – as in this case, or on request.

c)      It would be advertent negligence, or if she had not seen the stop sign, inadvertent negligence (she could and should follow the signs).

d)     The Transport Authority, the Department of Transport of the municipality with extended powers decides in the first instance, in the second stage there will be decided by the Regional Office, Department of Transport as well.

2.      The client is a person with a health disability, and has realised that he may ask the Municipal Office for the use of reserved parking space (the so-called special use of a local road). He went to get information at the Municipal Office and the clerk told him that he must submit an application and demonstrate that he has no possibility of parking.

Questions and tasks:

a)     Write down the client’s request so that it has all the essentials of a submission required by the Administrative Code and Municipal Office. What are the single requirements?

b)     What evidence in administrative proceedings do you know?

c)      Is it possible that someone else would act for the client, such as relatives or friends? What is needed to make the client to be acted for?

d)     How would you proceed (what would you do in what period of time), if the client’s requests at the Municipal Office failed?

3.      The client received an order to appeal as an accused of an offense against civil coexistence from the committee of the City of Jihlava for dealing with offenses. The client is accused of public name calling at his neighbour. The client is convinced that the charge is false, because according to him, it was a loud, controversial, but otherwise normal, everyday communication.

Questions and tasks:

a)     Help the client navigate the misdemeanour procedure – what are the basic rights of the participants of the administrative proceedings, what should the client do; what will follow after the notice of initiation of administrative proceedings?

b)     What may serve as evidence in those proceedings for the offense? How would the evidence proceedings proceed?

c)      What sanctions can be imposed for a misdemeanour? What is the difference between an offense and a so-called administrative offense?

d)     What are the essentials of a decision on an offense?