Publication details
Zneužívání veřejných výdajů a svévole v právu veřejných výdajů
| Title in English | Instruments against the Abuse of Public Expenditures and Wantonness in the Law of Public Expenditures |
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| Authors | |
| Year of publication | 2014 |
| Type | Article in Proceedings |
| Conference | MUNI Law Working Paper Series |
| MU Faculty or unit | |
| Citation | |
| Web | Online verze |
| Field | Law sciences |
| Keywords | Abuse of right; wantonness; arbitrariness; public administration; public expenditures; public procurement; public budgets. |
| Description | The aim of this text is to apply basic principles of prohibition of the abuse of rights to the area of public expenditures misuse, to wantonness and to arbitrariness in the law of public expenditures. The text delimitates this subfield in the system of financial law and discusses the abuse of public expenditures, wantonness and arbitrariness in this area of law. On the basis of the analysis in the article, the conclusion that the Czech legal system allows some extent of the nonobjective decision-making has been adopted. This conduct may in some cases lead to abuse of right, to abuse of authority, to wantonness or to arbitrariness, committed by the public agency. This exercise of right appears due to the actual effect of various interest groups (according to the various analyses in public choice theories and according to the law and economics). According to our opinion, it may appear mainly while public agency applies the procedural norms in contrast with a goal of the specific segment of legal regulation while exercising the statutory interpretation of ambiguous legal concepts or administrative discretion. It is so called “grey zone” between unlawful official conduct and the situation praeter legem. On the contrary, wantonness and arbitrariness is conducted when the official body acts in conflict with lawful interests of affected subjects (wantonness and arbitrariness, which are considered to be synonyms, could be unlawful act in some cases and abuse of law in other cases). |
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