Publication details
Povinnost Nejvyššího správního soudu podat předběžnou otázku soudnímu dvoru Evropské unie v kontextu ochrany veřejných subjektivních práv
| Title in English | The duty of the Supreme Administrative Court to submit a preliminary question to the Court of Justice of the European Union in the context of the protection of public subjective rights |
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| Authors | |
| Year of publication | 2025 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | The text deals with the obligation of the Supreme Administrative Court to submit preliminary questions to the Court of Justice of the EU under Article 267 TFEU and analyses whether the current legislation sufficiently protects the procedural rights of the parties. The author draws attention to the absence of a legal right of the parties to submit a preliminary question and their limited possibilities to participate in the wording of the question. He critically analyses the procedural rules at EU and national level and proposes greater participation of the parties in the formulation of the question. At the same time, it examines the possibilities of defending against the failure to submit a preliminary question and draws attention to the risks associated with an overemphasis on procedural economy at the expense of the right to be heard. The aim is to strengthen legal certainty and the protection of public subjective rights in the context of the application of European law in the Czech administrative justice system. |