Publication details
Moderace trestu - žalobcova marná naděje nebo nepostradatelný korektiv?
| Title in English | A discretionary power to reduce penalty - plaintiff´s vain hope or an indispensable corrective? |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Proceedings |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | Moderation right; discretionary power; administrative punishment |
| Description | The court's right to reduce or waive the imposition of a penalty has been part of the code of administrative justice for twenty years. In a lawsuit against a decision of an administra-tive body whereby the administrative authority imposed a penalty on a party to the pro-ceedings, the plaintiff very often submits a proposal to reduce the penalty (or completely waive it) as a last possible form of rescue. The plaintiff thereby opens the way to a pos-sible favorable outcome, although his claim is substantively – that is, on the merits of the case – groundless. Is the court's right to reduce or waive the imposition of a penalty actu-ally that imaginary "light at the end of the tunnel" or is it more of a vain hope? In this article, I therefore want to reflect on how this institute works nowadays and what its use-fulness is. Also I want to point out the complications associated with it and to think about whether it makes sense to maintain such court's right in the code of administrative justice. And even taking into account the decisions of the administrative courts, which clarified, or rather complicated, many aspects of its use. |