Publication details
Veřejná instituce a obrana správní žalobou proti rozhodnutí orgánu druhého stupně
| Title in English | Public Institutions and the Defense through Administrative Action Against Decisions of Second-Instance Bodies |
|---|---|
| Authors | |
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | SPRÁVNÍ PRÁVO |
| MU Faculty or unit | |
| Citation | |
| web | https://www.tmv.cz/obchod/jednotliva-cisla-spravniho-prava-2026/04-2026-spravni-pravo-elektronicky/ |
| Keywords | free access to information; obligated entity; administrative action; information order; public institution |
| Description | The article analyses a specific phenomenon of Czech administrative law – the possibility of an obliged entity under the Act on Free Access to Information to file an administrative action against a decision of a superior second-instance authority. This anomaly arose as a result of successive amendments to the law, in particular by introducing public institutions as obliged entities and establishing the institute of an information order. By analysing the case law of administrative courts, the text answers the question under which circumstances an obliged entity of the first instance can sue a decision of a second-instance authority. The necessary conditions are the existence of the legal personality of the obliged entity and the presence of public subjective rights that may be affected. The article distinguishes between obliged entities whose status is not questioned and (they can sue only when protecting their own rights defined by specific grounds for refusal), and (non)obligated entities questioning their nature (which have the full possibility of protecting their right to information self-determination). In conclusion, it states that the current situation represents a procedural anomaly, which, while providing the necessary protection for subjective rights, complicates the effective functioning of the right to information. |
| Related projects: |