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The Gaps in the Regulation of Prohibition of Reformatio in Peius in Slovak Administrative Law in Central European Perspective Cover

The Gaps in the Regulation of Prohibition of Reformatio in Peius in Slovak Administrative Law in Central European Perspective

Open Access
|Mar 2023

Abstract

The prohibition of reformatio in peius is an important procedural institute of the remedies procedure. The prohibition of reformatio in peius means the prohibition of changing a decision for the worse, i.e. to the detriment of the person who has been affected by the contested decision and has himself brought an appeal against that decision or in whose favour such an appeal has been brought. The legal regulation of this institute in the Slovak Republic is unsatisfactory, since there is a different legal regime in the application of the prohibition of reformatio in peius in the derivation of administrative liability for offences and other administrative offences. In the present article, the author compares the legal regulation of the institute of the prohibition of reformatio in peius in the Slovak legal system with the aim of possible inspiration of the legal regulation of this institute in the legal systems of selected states (Poland, Hungary, Czech Republic).

DOI: https://doi.org/10.2478/iclr-2022-0024 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 238 - 258
Published on: Mar 1, 2023
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2023 Zuzana Hamuľáková, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.