Publication details
Možnosti soudního přezkumu činnosti ombudsmana
| Title in English | The Possibilities of Judicial Review of the Ombudspersons' Activities |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | Ombudspersons are one of the common monitoring mechanisms over the public administration whose opinions can have a huge impact on it. However, it is assumed that the opinions are excluded from judicial review due to them not being legally binding. The goal of this paper is to argue the correctness of the conclusion. The correctness of the outputs and opinions of ombudspersons is in any event possible to have judicially reviewed indirectly, during proceedings which the opinions of an ombudsman are presented as a support of the argumentation of either participants or the court in. Nevertheless, in some exceptional cases a direct review is possible, i. e. the action is filed against an opinion or an output of an ombudsman. The paper first deals with possibilities of indirect judicial review of outputs and opinions of ombudspersons and then focuses on the analysis of situations when the direct review is possible. It concentrates on the Czech Public Defender of Rights but takes into account the comparison with selected European countries and mainly the European Ombudsman. |