Measures in the proceedings on the record

Abstract

De lege lata, a number of measures issued by the district office as a public
administration body in the registration procedure can be identified on
the basis of the normative regulation of the registration procedure. The
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exclusion of the subsidiary scope of the Administrative Procedure Code for registration proceedings without adequate normative regulation of procedural institutes (including the institute of the measure) generates a number of questions. Some of them approach and analyze this contribution. The article pays special attention to the „substantive“ measures of the district office in the proceedings on the record and the legal regulation of remedies and sui generis remedies against the measures of the district office in the proceedings on the record. In conclusion, it is emphasized that the precondition for a quality reform of the registration procedure (and thus also of the normative regulation of the district office‘s measures in this procedure) is scientific elaboration and evaluation of the valid and effective legal regulation.