Žaloba proti rozhodnutí prezidenta republiky
| Title in English | Actions Against a Decision of The President of The Republic |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Proceedings |
| Conference | Cofola 2023: Sborník příspěvků mladých právníků, doktorandů a právních vědců |
| MU Faculty or unit | |
| Citation | |
| Web | open access verze sborníku |
| Keywords | President of the Republic; Judicial Review; Administrative Body; Constitutional Body; Administrative Discretion. |
| Description | One of the major milestones in the twenty-year history of modern administrative justice was a pair of decisions from the late noughties. The President was subjected to review by administrative courts after refusing to appoint certain judicial candidates as judges due to their low age. The conclusion that the President is an administrative body and that his decisions can be administrative decisions aroused considerable controversy in the months that followed. This paper will briefly summarize the doctrinal reflection and pause to consider why even authors (who generally allow review of the 200 President’s decisions) do not find the Supreme Administrative Court’s review framework persuasive. The problematic nature of the criteria in question will be demonstrated with an example from the field. |
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