Publication details

Všeobecný dozor prokuratury nad zákonností veřejné správy – pohled retrospektivní a prospektivní

Title in English General Supervision of the Public Prosecutor‘s Office over the Legality of Public Administration – a Retrospective and Prospective View
Authors

BOŽÍK Ondřej

Year of publication 2025
Type Article in Periodical
Magazine / Source Časopis pro pravní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
web Open access článku
Doi http://dx.doi.org/10.5817/CPVP2025-1-6
Keywords Supervision; Prosecution; Public Interest; Protest; Notice; Legality; Socialist Legality; Public Subjective Rights; Administrative Justice; Vetting; an Action in the Public Interest; Public Prosecutor’s Office; the Supreme Prosecutor; Vulnerable Person.
Description The article discusses the concept of general supervision of the prosecutor‘s office over the legality of public administration, which was part of the non-criminal competence of the prosecutor‘s office during the socialist era and was to some extent intended to serve as a substitute for the non-existent administrative justice system. Emphasis is placed on the importance of this institution both in terms of protecting the public interest and the public subjective rights of the addressees. However, the article does not limit itself to an empty description of the historical context, but also includes a polemic on whether some partial aspects of this concept could serve as inspiration for the current legislation and thus strengthen the non-criminal jurisdiction of the public prosecutor‘s office, or formulates de lege ferenda considerations that are offered in this context. In this context, account is also taken of Slovak legislation, in which the concept of prosecutorial supervision over the legality of public administration still has its place.
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