Publication details

Žaloba proti rozhodnutí prezidenta republiky

Title in English Actions Against a Decision of The President of The Republic
Authors

LIPKA Ondřej

Year of publication 2023
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
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 of the Republic 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. Today, this view is a fully integrated part of the application reality of our legal order, therefore I find it appropriate to reflect on the history of this jurisprudential stream. This paper will focus on the initial controversy and the subsequent scholarly discussion. The different currents of thought and their starting points will be identified. The next part of the paper will be devoted to the development of the decisional practice of administrative courts through the cases of non-appointment of professors to the recent decision of the Supreme Administrative Court in the presidential pardon case.
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