Contemporary issues regarding codification of administrative law

Abstract

In this contribution author is going to determine whether given fields of administrative law are able to by codified either as a whole or partly. Substantial norm of administrative law are not easily codified which is not the case with procedural norms which are said to have "ability" of being codified. Attempts to comprehensively regulate even the matter of general provisions of substantive law have been unsuccessful.

The fields of administrative law which is more or less "naturally" able to be codified are general administrative jurisdiction and so-called excluded administrative jurisdiction. Nevertheless due to constantly changing requirements towards administrative apparatus and legislator approach which constitute so-called decodification phenomena also in procedural plane we recognize issues concerning codification.

Undoubtedly, the most important regulation which falls into codification characteristics is Code of Administrative Procedure which foremost regulates administrative jurisdictional procedure. However even in this case Code only regulates a fragment (piece) of legal reality in the form of general administrative jurisdiction.

It is also applicable on a lex generalis basis in special jurisdictional administrative proceedings. In itself, however, it is not a uniform regulation. As a consequence of that discussion on shape of Code regulation is still relevant.