Publication details

Ombudsman jako iniciátor abstraktní kontroly norem

Title in English Ombusdman as a norm review iniciator

BENÁK Jaroslav

Year of publication 2014
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords ombudsman; abstract judicial review; game theoretical approach
Description The article analyzes the importance of abstract review of norms and the role of the Ombudsman in this procedure. On the basis of comparative arguments and game theoretical model author suggests that the Czech Republic should allow the ombudsman to initiate review process of an act. The current Czech legislation which allows the Ombudsman to challenge only subordinate legislation, has its historical reasons, since it is based on the concept of the ombudsman as an institution set up by Parliament to check the executive. On the other hand, author believes that the "border" is not between the parliament and the government, but the parliament majority and the opposition. MP from coalition party is closer to the member of the government rather than to the MP from opposition party. In this political model there is not a significant difference between statutory and sub-statutory regulations, since their implementation is usually done by the same political forces. The constitutional requirement to impose duties solely on the basis of the law (Article 4, paragraph 1 of the Charter of Fundamental Rights and Freedoms) also shows that the scope for sub-statutory norms is limited. Any problems with the constitutional conformity of specific legislation are usually based already on the statutory level. Therefore, author believes that it is appropriate that the Ombudsman may require the review of statutory regulations.
Related projects:

You are running an old browser version. We recommend updating your browser to its latest version.

More info