Publication details

Záruky zákonnosti při realizaci bezprostředních zásahů

Title in English Ensure the legality of the implementation of immediate action


Year of publication 2017
Type Article in Proceedings
Conference Cofola 2017
MU Faculty or unit

Faculty of Law

Web Open access sborníku
Keywords Immediate intervention; contol of administrative justice; control of public administration; ensure the legality
Attached files
Description Factual acts constitute a legally theoretical term that encompasses various specific forms of implementation of public administration, which are applied in emergency situations, usually instead of individual administrative acts, whose purpose (especially in the case of immediate interventions), the direct physical coercion to meet legal obligations. Given the immediacy of implementation of the legal form of activity that is its hallmark, it is excluded the possibility of reviewing the legality by applying proper remedial measures in time, before boarding the operation, as in the case of individual administrative acts. For this reason, if implemented, immediate action must be particularly strictly require subsequent implementation of legal safeguards, which can by definition apply in these cases. Individual guarantees of legality in case of immediate interventions represented in varying degrees, with regard to the nature of this form of implementation of the public administration. From the set of legal safeguards normally used in the field of public administration in the case of implementation of immediate interventions to the fullest extent applicable internal and external administrative supervision and control exercised by the courts in an administrative or constitutional justice. In this paper I intend to deal with the various aspects of legal safeguards used in relation to immediate surgery, especially in terms of their practical application. Especially I want to focus on issues of finding adequate degree of possible imminent physical encroachment on the rights and freedoms of persons executed under the law by public authorities and the protection of the rights of the persons concerned, in terms of law (Supreme Administrative and Constitutional Court), which undoubtedly complements the current legal treatment. With regard to the series of tragic events that Europe has recently occurred, I consider this issue as particularly relevant.
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