Publication details
Nepřijatelnost pod datovou lupou: musíme ji opravit?
| Title in English | Inadmissibility under the Data Microscope: Does It Need Fixing? |
|---|---|
| Authors | |
| Year of publication | 2026 |
| Type | Peer-reviewed scientific article |
| Magazine / Source | ČASOPIS PRO PRÁVNÍ VĚDU A PRAXI |
| MU Faculty or unit | |
| Citation | |
| web | https://journals.muni.cz/cpvp/article/view/41800 |
| Doi | https://doi.org/10.5817/CPVP2026-2-2 |
| Keywords | Inadmissibility; cassation complaint; Supreme Administrative Court; § 104a; Code of Administrative Justice; empirical legal analysis. |
| Description | The article scrutinises the inadmissibility of cassation complaints before the Supreme Administrative Court (§ 104a of the Code of Administrative Justice), combining doctrinal analysis with a largescale empirical study stemming from approximately 70,000 proceedings conducted between 2003 and 2024. Based on this, it describes (i) the scope and evolution of the docket subject to the filter, (ii) the admissibility grounds used (or not used) by the Court and by complainants, and (iii) case outcomes and the length of decisions. The analysis reveals an inconsistent methodological approach by the Supreme Administrative Court to various aspects of the admissibility test, the problematic and illogical limitation of the filter to only part of the cassation docket, complainants’ frequent failure to articulate admissibility, and the Court’s significant reliance on the “fourth ground” of admissibility – fundamental error by the lower court. Thus, the article provides up-to-date empirical grounding for the debate on the function and limits of the admissibility filter, offering aspects in which the current inadmissibility standard should be unified. |
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