Publication details
Povinnost vzájemné součinnosti správních orgánů v případě vzniku správněprávní odpovědnosti pachatele v právu životního prostředí
| Title in English | Obligation of mutual cooperation of administrative authorities in the event of administrative liability of the offender in environmental law |
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| Authors | |
| Year of publication | 2024 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The article focuses on the issue of punishment of an offender in the regime of administrative liability, who has fulfilled several offences of different environmental protection laws by one act. This situation may lead to a potential conflict between the public interest in punishing the offender under the regime of all relevant constituent and cross-sectional environmental protection laws on the one hand and the obligation to comply with the principle of prohibition of double jeopardy of the offender for the same conduct on the other hand. The solution to this problem could be to conduct joint proceedings, but given the fragmentation of administrative liability under the various constituent and cross-sectional environmental protection laws, the administrative authorities may often not even be aware of parallel proceedings. The aim of this article is to determine and evaluate how the mutual cooperation between administrative authorities in the field of environmental protection is regulated in the event that the same offender is subject to administrative liability under several environmental protection laws. The article also addresses the obligation of administrative authorities to conduct joint proceedings and the obligation to act on the basis of mutual cooperation and communication in order to avoid repetition in the collection and evaluation of evidence in the course of parallel administrative proceedings. |
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