K odpovědnosti za újmu způsobenou podzákonnou normotvorbou
| Title in English | Responsibility for Damage Caused in the course of Administrative Lawmaking Operation |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | Lawmaking Operation; Administrative Lawmaking; Legislative Damage; Responsibility for Incorrect Administration Procedure |
| Attached files | |
| Description | The contribution deals with the state (or local / regional self-government) responsibility for damage caused in the course of administrative lawmaking pursuant to the act No 82/1998 Coll., on Responsibility for Damage Caused in the course of Executing Public Administration by a Decision or Incorrect Administration Procedure, and on Amendment to Act of Czech National Council No 358/1992 Coll., on Notaries and Their Activities (Notary Code). So far the court decisions of Constitutional Court of the Czech Republic as well as the Highest Court of the Czech Republic insist on refusing to recognize administrative lawmaking as the category of incorrect administration procedure which is, in fact, one of the two possible preconditions for the responsibility. What the court decisions are characterized by its the scope of the statutory lawmaking power (by the Parliament), not the administrative one. The contribution points out the three main arguments against recognizing administrative law making as a type of (incorrect) administrative procedure pursuant to the act. No 82/1998 Coll. Further it applies the arguments on the case of administrative lawmaking with the result of significant differences. Subsequently the authors vote for the more systematic approach considering differences between statutory and administrative lawmaking. |