Sankční povaha regresních úhrad
| Title in English | xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Proceedings |
| Conference | Cofola 2019: Část IX. Atypické podoby trestání ve veřejné správě (Sborník z konference) |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | Regressive Compensation; State Liability for Damage; Public Power; Sanctions |
| Description | The application of the regressive compensations against a specific person, usually a State official, comes into consideration after the State has provided compensation for damage caused by an unlawful decision or maladministration. However, the nature of regressive compensations is clearly different from general liability for damage in the exercise of public authority. While its restitution function predominantly prevails for liability for damage, it appears that in the case of regressive compensations this function is weakened and the sanction function is more prominent. In this context, however, some questions may arise, in particular whether the application of regressive compensations can be regarded as a sanction of its kind, or whether there are aspects that determine when regressive compensations should be enforced and when not. The aim of the paper is to at least briefly outline the following considerations |