Publication details
Role správní soudů z hlediska přezkoumání odůvodnění rozhodnutí o uložení sankce
| Title in English | The role of administrative courts in reviewing the reasoning of administrative decisions imposing the sanction |
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| Authors | |
| Year of publication | 2016 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | This paper focuses on the very topical theme relating to the requirements imposed by administrative courts on the requirements on reasoning of the administrative decision (not only) in a specific area of administrative offences. Closer attention will be focused on the specific requirements of reasoning as they were formulated in the jurisprudence of the administrative courts, with regard to the issue of (not) reviewability, as well as the lack of reasons, including basic comparison of both these concepts. It will also take into account the fact that non-reviewability is considered to be a specific defect of decision, which the court must take into account ex officio, without being alleged in the action. The paper should provide an analysis of this topic by using the relevant case law, literature and laws, including subsequent follow-up considerations de lege lata or de lege ferenda of the author. |
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