Comment on the judgement of the Supreme Administrative Court of 16 December 2014,II OSK 2957/12

Abstract

The subject of the commentary is to analyse article 127 item 7a of the Water Law in connection with article 49 of the Administrative Proceedings Code (APC) in the context of the obligation to establish the circle of parties to the procedure to issue a water permit by the authority conducting this procedure. In the opinion of the administrative court, the reference contained in article 127 item 7a of the Water Law (previously article 127 item 9 Water Law) to article 49 APC releases the administrative authority from the obligation to strictly determine the circle of parties. The stand taken by the Supreme Administrative Court should be evaluated critically, as logically flawed, and consequently leading to the denial of the essence of jurisdictional administrative proceedings, which are proceedings in an individual administrative case, i.e. in a strictly personally defined scope.