Publication details

Zvláštní žalobní legitimace k ochraně veřejného zájmu

Title in English Special Right of Action to Protect Public Interest


Year of publication 2016
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Web Repozitář MU
Field Law sciences
Keywords special right of action to protect the public interest in the Czech Republic; administrative action; substantial public interest; Director of Public Prosecution; ombudsman
Attached files
Description The article deals with the special right of action to protect public interest regulated by Section 66 of Act no. 150/2002 Coll., Code of Administrative Justice, as amended. In the first part of the article, the author describes the institute and characterises it in detail, with the emphasis on the condition to prove the necessity of substantial public interest in order to take this kind of action. The next part describes the holders of this right of action (Director of Public Prosecution,ombudsman, other special holders), including the potential ones (administrative bodies, other special holders), analyses the specifics of particular holders and mentions a new development in case law in this field. Following up on this , the successes and achievements of the Director of Public Prosecution and the ombudsman are discussed, as well as the newest relevant case law. The last part of the article reflects on whether the Director of Public Prosecution or the ombudsman would be preferable to protect public interest. The conclusion is that although the ombudsman seems to be preferable, however due to the nature of their mandate and practical concerns, the Director of Public Prosecution would have better results in practice.

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