No administrative procedure can proceed without the necessary participants, which are the body and party to the proceeding. But in more and more administrative procedures there are persons involved who want to protect their legal benefits. In this case, we speak of an accessory participation, which is one of the most difficult issues in the theory, normative activity and in the practice of the administrative organs and courts of law. The theory emphasizes that an accessory participation needs to be explained narrowly, bearing in mind many criteria.
Particulary pointed out is the field of the inspection supervision which is in the process of the public interest and open to administrative participation. From this point of view special diligence of the legislator is expected, but Master thesis determines inconsistent statutory solutions and even introductions of inspection procedures in dismissal of private disputes.
Although the theory offers answers to numerous questions, whom to enable in participating inspection procedure, the complexity of the modern society denies the possibility of simple mathematical solutions and mainly puts responsibility in the hands of inspectors as the masters of the inspection supervisions. They are obliged to judgefully estimate legal interest and ensure that the accessory participants are included thus enabling them to protect their legal benefits. Their judiciuous role and transparent proceedings can resolve many a potencial situation of accessory participation.
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