Publication details

Rušení právních předpisů jako (staro)nový prvek ve správním soudnictví

Title in English The Annulment of the Legislation as a Means to Reverting to the Old Approach in Administrative Justice


Year of publication 2017
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Field Law sciences
Keywords Legislation; the Law; Change of the Competence; Review of the Legality; Review of the Constitutionality
Attached files
Description The present contribution refers to the article no. 87 of the Constitution of the Czech Republic which governs the possibility to delegate jurisdiction to annul legal enactments other than statutes or individual provisions thereof if they are inconsistent with a statute to the Supreme Administrative Court instead of the Consti¬tutional Court. On the one hand, the change of this competence can complete the assumption of a fully in¬dependent administrative justice with the nature and functions of complex control of public administration. On the other hand, it faces problems in the way of setting the mechanism of review of the legality and the constitutionality by of both judicial institutions. The aim is to discuss about the implications that such a change would bring. This paper focuses on conflicts of competence between courts in reviewing of the legality by the Supreme Administrative Court and in reviewing the constitutionality by the Constitutional Court in relation to the same legal regulation.

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