Publication details
Zásady non bis in idem a zákazu reformationis in peius ve správním trestání jako významné prostředky ochrany subjektivních práv
| Title in English | The Principles Non Bis in Idem and Prohibition of Reformatio in Peius in Administrative Sanctioning as Important Means of Protection of Rights |
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| Authors | |
| Year of publication | 2016 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | According to the theme of the chosen conference section “Impact of the European Law on the Creation of Principles and Rules of Administrative Sanctioning“ the authors in their article aim at 2 important principles applicable in administrative sanctioning. The bases of these principles in the recent Czech as well as Slovak law system or public administration practise cannot be found satisfactory, although at least from the constant case law of the ECHR and subsequently national constitutional courts and other courts results their applicability in the whole administrative sanctioning. Based on the above mentioned, the article first of all deals analytically with the theoretical definition and positive law bases of these principles. Then it takes into account mainly the European context and the bases of these principles and their reflection in the case law. Subsequently, these principles are critically reviewed and considered as the means of protection of public rights. The authors also do not forget de lege ferenda options (mainly with the accent to the new Czech Act of liability for the misdemeanours and the proceedings about them which should get into force in the middle of 2017). |
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