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Administrative Law

Odvolání ve správním řízení

The ordinary appeal against a first-instance administrative decision — 15 days, usually suspensive, decided by the superior authority.

Under Czech law

The appeal is regulated by § 81–§ 93 of the Administrative Procedure Code (Act No. 500/2004 Sb.). A party may appeal within 15 days of notification of the decision (§ 83); a timely appeal generally suspends the decision''s effects (§ 85), so a fine need not be paid and a revocation does not yet bite. The first-instance authority can grant the appeal itself in full (autoremedura, § 87); otherwise the superior authority reviews the decision''s legality in full and the facts within the appeal''s scope (§ 89), and may confirm, change, or annul and remand.

After the appeal route is exhausted, judicial review follows: a lawsuit to the administrative courts under the Code of Administrative Justice (Act No. 150/2002 Sb.) within two months (§ 72 s. ř. s.).

A practical example

The trade inspection fines an e-shop 250 000 Kč for alleged consumer-law breaches. The appeal points out the inspection relied on screenshots taken after the shop had already corrected its terms and never invited the company to comment on the file. The superior authority annuls the fine and remands — the procedural defect alone was enough.

When you need a lawyer

The 15-day window is short and the appeal frames everything that follows: arguments not raised may be hard to introduce before the administrative court. For serious fines and licence matters, have counsel draft the appeal, not just the later lawsuit.

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