Journal of the Charles University Law Faculty
Barbora Gonsiorová
Author’s affiliation:
Faculty of Law, Palacký University Olomouc
Power of Attorney in Administrative Proceedings
Jurisprudence 1/2017 Section: Articles Page: 32-42
Keywords: representation, administrative body, party to administrative proceedings, general power of attorney, presidial power of attorney, authorized representative, Supreme Administrative Court
Abstract: Power of attorney in administrative proceedings is a manifestation of the right of representation guaranteed at the constitutional level. Its practical application, however, presents many interpretation and application-related problems, the origin of which may be examined at several levels, i.e. from a theoretical point of view in a legally dualistic nature of the mandate, from a practical point of view of inconsistent and unpredictable practice of applying administrative bodies, which, of course, follows the often equally defective internally binding methodology of higher authorities. Big help in these cases is the jurisprudence of higher courts. This article is therefore substantively focused on the use of the power of attorney in administrative proceedings and, in particular, on the jurisprudential interpretation of the relevant rules of administrative law.
