Summary

The term “challenge proceedings” entered the legal order for the first time after the restoration of independence with the entering into force of the Administrative Procedure Act on 1 January 2002. The article provides a brief overview of the nature and models of challenge proceedings. In addition, the article analyses the functions of challenge proceedings, and there is an assessment of the effect these functions may have on single procedural acts, and how they affect the resolution of issues that are raised in the course of the challenge proceedings. The subject of the analysis is primarily the model of challenge proceedings as stipulated in the Administrative Procedure Act as the general part of administrative law.

The author takes the position that the functions of challenge proceedings tend to be realised more often when, in the challenge proceedings, the person is provided with legal protection that is sufficiently wide and as effective as possible, and, in addition, the justification for the challenge is checked as thoroughly as possible by both the source institution and the challenging institution. Although, in the implementation of the Administrative Procedure Act, it is mostly possible to have an interpretation in accordance with the aforementioned functions, in the case of three questions – should the required check of the challenge be carried out by the source institution, should the authority of the challenging institution proceed from the meritory or cassatory principle, and at which moment in time should the justification of the challenge be checked – it would be useful to thoroughly consider the arguments for and against possible solutions, and then clearly stipulate these in law.