Appeals from administrative decisions of the CEI

The CEI, as a government body, issues a decision of punitive nature (fines, suspension or limitation of harmful activities, removal of illegally held individuals, etc.) and decisions of corrective nature (actions to remedy the deficiencies) in administrative proceedings. Concerning the cases initiated before 31 December 2002 the CEI decides on approvals with new technologies and the location of air pollution sources. Concerning the cases initiated after December 31, 2002 the CEI is the relevant state administration body.

The CEI inspects the activities of authorized persons (measuring emissions and air pollution) and participates in the authorization process (inter-laboratory comparison of tests).

The information on the possibility and method of appeal as a regular remedial measure is always attached to the issued administrative decision.

Appeal from the administrative decision of CEI which is not final could be submitted within 15 days since delivery to the Ministry of Environment at the administrative body which issued the contested decision, ie., usually at the Regional Inspection Agency (§ 81 of the Act No. 500/2004 Coll., the Rules of Administrative Procedures, § 81 of the Infractions Act No. 200/1990 Coll., as amended). Form of an appeal shall be according to requirements of the § 37 paragraph 2 of the Rules of Administrative Procedures, it must include information about the decision against which it is directed,  what extent is contested and what is considered to conflict with the law or to be inaccuracy of decision or management which was preceding. If the extent in which the appellant contests the decision is not stated in the appeal, it is considered that the appellant requests annulment of all decision.

The appeal shall be filed with the required number of copies - one copy to remain to the administrative authority and each participant to receive a copy. If a participant does not submit the required number of copies, the administrative authority makes them at the expense of the participant.

Review of complaint handling

CEI as well as other public authorities deals with complaints against the inappropriate behavior of officials or against the procedure of administrative authority (see section Administration and complaints).

Zveřejněno: 27.08.2012 –Jana Rambousková ; Přečteno 2862 x