Publication details
Příkaz bez odůvodnění v kontrastu se "zásadou" řádného odůvodnění
| Title in English | Order without Reasoning in contrast to the "Principle" of Proper Reasoning |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Proceedings |
| Conference | Bratislavské právnické fórum 2024: procesné zásady práva na spravodlivý proces |
| MU Faculty or unit | |
| Citation | |
| web | Open access sborníku |
| Keywords | order, reasoning, principle of proper reasoning, order without reasoning |
| Description | The paper deals with the „principle” of proper reasoning in the light of procedure for the issuance of an order as a special type of proceeding on offences. An administrative order – issued within the framework of an order procedure – is a special form of a decision on the merits, for which the Czech legislation generally stipulates the same content requirements as for an administrative decision. The order must therefore also contain an operative part, reasoning, and advice for the parties. Due to the amendment of the Czech Code of Administrative Procedure in connection with the adoption of the new Act on Administrative Offences, the possibility to waive the reasoning of an order in the event that it is not made as the first act in administrative (misdemeanour) proceedings has been added. The subject of this paper is an evaluation of the (in)consistency of the „principle” of proper reasoning with the possibility of omitting the justification of an order de lege lata, as well as a reflection on the importance of the possibility of waiving the reasoning of an order pro futuro, in partial comparison with the German and Slovak legal order. |
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