Publication details
Veřejný zájem v kontextu soudního řádu správního v rozhodovací činnosti Nejvyššího správního soudu
| Title in English | The Public Interest in the Context of the Administrative Procedure Code in the Decision Making of the Supreme Administrative Court |
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| Authors | |
| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The public interest is a vague legal concept found in a wide range of legislation. The Administrative Procedure Code is no exception. In this legal norm, we do not find public interest as such, but two qualified forms of it - specifically, serious and important public interest. In my contribution, I will summarize the basic characteristics of vague legal concepts in general, outline possible definitions of public interest as such and then focus in more detail on the two forms of public interest occurring in the Administrative Procedure Code in connection with the public interest action and the institute of granting suspensive effect to the action or cassation complaint. In this context, the question has arisen in the past as to how to resolve the conflict between the two forms of public interest - are they different expressions of the same thing? In this connection, reference may be made to the solution adopted by the Extended Chamber of the Supreme Administrative Court and the recent case-law. |
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