Appeal against administrative decisions of the CEI
The CEI, as a state administration body, issues decisions of a punitive nature (fines, restriction or cessation of harmful activity, removal of illegally held specimens, etc.) and remedial decisions (measures to correct identified deficiencies) in administrative proceedings. From January 1, 2019, the CEI’s Water Protection Unit cannot control and therefore cannot subsequently decide on offenses or administrative offenses of natural persons.
In cases initiated before December 31, 2002, the CEI decides on approvals for new technologies and the location of sources of air pollution. For cases initiated after December 31, 2002, the concerned body is the state administration. It controls the activity of authorized persons (measurement of emissions and immissions) and participates in the authorization process (interlaboratory comparison of tests). The issued administrative decision always includes instruction on the possibility and method of filing an appeal as a proper remedy.
A party to the proceedings may file an appeal against an invalid administrative decision of the CEI within 15 days of delivery to the Ministry of the Environment by filing with the administrative body that issued the contested decision, i.e. mostly at the relevant territorial inspectorate of the CEI (Section 81 and subsequent Act No. 500/2004 Coll., Administrative Code, Section 96 of Act No. 250/2016 Coll., on responsibility for offenses and their proceedings, as amended). The appeal must have the requirements specified in Section 37, Paragraph 2 of the Administrative Code, it must contain information about the decision against which it is directed, to what extent it is challenged and in what is perceived to be a contradiction with legal regulations or the incorrectness of the decision or proceeding that preceded it. If the appeal does not state the extent to which the appellant challenges the decision, the entire decision is sought to be annulled. The appeal is filed with the necessary number of copies so that one copy remains with the administrative body and each participant receives one copy. If the participant does not submit the required number of copies, the administrative body will make them at the participant's expense.
Complaint handling review
The CEI, like other public administration bodies, deals with complaints against the inappropriate behavior of officials or against the procedure of an administrative body (see the Submission of initiatives and complaints section).