Publication details
Správní žaloba proti zkráceni veřejných subjektivních práv normativním správním aktem
| Title in English | Administrative Action Against the Violation of Public Subjective Rights by Substatutory Legislation |
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| Authors | |
| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | The paper deals with the possibilities of review of sub-legislative legislation (or other legislation) by the courts. The paper explains the current legal framework under which it seems that it is not possible to seek judicial protection directly against subordinate legislation in administrative courts. However, the administrative courts have attempted to provide protection against the effects of a subordinate legislation that has directly acted against the claimant, through an interference action. The Supreme Administrative Court concluded that that route was not possible de lege lata. In the next section, therefore, the text examines the arguments in favour of reviewing the effects of normative administrative acts under the interference action regime. |
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