Publication details

Problémy současného pojetí veřejné moci v české právní doktríně i praxi

Title in English The Current Concept of the Power of Public Bodies in the Czech Doctrine and Practice


Year of publication 2021
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Web Open access časopisu
Keywords power of public bodies; public bodies; superordinate authority of public bodies; non-superordinate authority of public bodies; protection of an individual
Description The paper analyses whether the concept of power of public bodies as used by the doctrine is sufficient for the legislative process and what impact does this issue have on the protection of individual rights. The first part of the paper uses case-law to characterise the concept and finds that the power of public bodies is perceived as an activity performed by a superordinate body consisting in deciding about rights and duties of others. The next part of the paper analyses the usage of both concepts in legislation, using the doctrine and case-law. The result is the findings that the practical application of the concept of power of public bodies is not always sufficient and that the non superordinate activity is equated with situations where the public body acts as a private natural or legal person. The next finding is that the goal of the legislation is to provide for all situations when the public body performs its tasks by using the term the power of public bodies which is however not always the case. The last part of the paper describes how different approaches to understanding the power of public bodies may affect the individual who is directly affected by such relevant legislation.

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