Abstract

Demanding to initiate administrative proceedings or requesting to be allowed to be a party to the initiated administrative proceedings as a civic organization under Art. 31 § 1 of the Code of Administrative Procedure is the most crucial instrument to be used by apothecary associations in the fight against illegal advertising of pharmacies. This may take place when public interest is at stake. The obscure prerequisite of legal interest referred to in Art. 31 § 1 of the Code of Administrative Procedure arouses major interpretational problems and causes that I identical factual situations totally different decisions are passed. This article discusses the problems of the prerequisites for the participation of district apothecary chambers as civic organizations in proceedings concerning illegal advertising of pharmacies, special attention being given to diverse views expressed in this matter by administrative courts, including the decisions which are undoubtedly favourable for apothecary associations. The importance of considerations contained in this article without doubt exceeds the problem of proceedings concerning infringement of the ban on advertising pharmacies; they are largely general, which means that they may also refer to situations whereby district apothecary chambers will demand initiation of proceedings (or allowing such proceedings) concerning other cases of violation of the pharmaceutical law when state authorities do not react at all (and in the opinion of the associations such reaction would be necessary) or when their actions are objected by the associations.