Informace o publikaci
Form of Public Administration Activity as a Tool for the Protection (or Undermining) of Individual Rights
| Název česky | Forma činnosti veřejné správy jako nástroj ochrany (či oslabení) individuálních práv |
|---|---|
| Autoři | |
| Rok publikování | 2025 |
| Druh | Další prezentace na konferencích |
| Fakulta / Pracoviště MU | |
| Citace | |
| Přiložené soubory | |
| Popis | An important dimension of the continental administrative law is the so-called theory of public administration activities. Central European legal orders and administrative doctrines (e.g. German, Polish, Czech, Slovak, etc.) distinguish between different categories of forms of public administration activity. These forms can be understood at different levels - as theoretical constructs, statutory forms of public administration execution, forms of judicial protection, or possibly forms of compensation for damages. In general, a particular public administration activity should take a form that corresponds to its material nature. At the same time, however, the forms of public administration may be applied in a non-systematic manner, in particular on the basis of the rule lex specialis derogat legi generali. In other words, the legislator may decide that a certain public administration activity shall be implemented differently. This may lead to differences in both the process (the procedure in question) and the result (the act implemented). In Czech theory, this phenomenon is referred to as the "form borrowing". It can lead to both reinforcement or diminishment of the formalisation of an administrative activity. It may have different motives. It may aim at strengthening the legal position of the person concerned by making the chosen legal form stricter. However, the opposite may also be the case - the legal form chosen may weaken the possibilities for legal protection of the person concerned. The presentation analyses the outlined phenomenon and discusses the limits of this practice of "mismatch" between form and content. |
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