Boj proti švarcsystému: „less is more“
| Title in English | Less is more |
|---|---|
| Authors | |
| Year of publication | 2012 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | lower; limit; public law; labour; administrative law |
| Description | Article deals with the issue of so-called "švarcsystém". The author concludes that the lower limit laid down in § 140, paragraph 4 of the employment authorities strongly binds hands and may also incur a penalty of winding unconstitutional character, especially for enterprising individuals. If the administrative authority can not take into account the actual specific gravity of the infringement, and due to the presence of rigid legal lower limit, it causes that in a group of cases seems fine addressee public administrative sanctions (and its social environment) as a whole or in part "unfair". Which consequently undermines the trust including natural and legal persons in the democratic rule of law (rule of law). The author of this article on the introduction of standard high threshold fines sees distrust of the state (or the legislative power) to public authorities as representatives of the executive power. And that's not good. The state should definitely pay attention to improving the quality of the activities of public administration (in this case the employment sector) should not, however, cited the introduction of unfair means lower boundaries of the administrative sanctions into law. As I stated above, this procedure seems to me to border on constitutionality. |
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