Publication details

Žaloba proti rozhodnutí prezidenta republiky

Title in English Actions Against a Decision of The President of The Republic

LIPKA Ondřej

Year of publication 2024
Type Article in Proceedings
Conference Cofola 2023: Sborník příspěvků mladých právníků, doktorandů a právních vědců
MU Faculty or unit

Faculty of Law

Web open access verze sborníku
Keywords President of the Republic; Judicial Review; Administrative Body; Constitutional Body; Administrative Discretion.
Description One of the major milestones in the twenty-year history of modern administrative justice was a pair of decisions from the late noughties. The President was subjected to review by administrative courts after refusing to appoint certain judicial candidates as judges due to their low age. The conclusion that the President is an administrative body and that his decisions can be administrative decisions aroused considerable controversy in the months that followed. This paper will briefly summarize the doctrinal reflection and pause to consider why even authors (who generally allow review of the 200 President’s decisions) do not find the Supreme Administrative Court’s review framework persuasive. The problematic nature of the criteria in question will be demonstrated with an example from the field.
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