Správní žaloba nejvyššího státního zástupce z hlediska poslání správního soudnictví
| Title in English | Action to Administrative Court by Prosecutor General from Point of View of Purpose of Administrative Justice |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Právník : teoretický časopis pro otázky státu a práva |
| MU Faculty or unit | |
| Citation | |
| Web | Open access článku |
| Keywords | action to administrative court; public interest; prosecutor general; administrative courts; good faith |
| Description | The article deals with the action to administrative court which prosecutor general is empowered to file to protect a important public interest, from the point of view of the principle of protection of public rights as main purpose of administrative justice. It is pointed out that the principle of protection of public rights is significantly applied within the action of prosecutor general although it is primarily aimed at protection of the public interest. It is mainly about effect of the principle of protection of public rights on the subject of the action and on decision-making about it. In case of the area mentioned first – determining whether it is an administrative decision, which the prosecutor general is empowered to sue in administrative courts – attention is paid to cases of atypical acts of administrative authorities, where the principle of protection of public rights can have a decisive influence. In case of question of application of principle of protection of public rights within decision-making about the subject of the action of prosecutor general, attention is paid primarily to the issue of protection of good faith of the administrative decision addressee. In doing so, a distinction is made between cases where it is an administrative decision that is for good of the addressee and improves his legal position, and on the contrary, which burdens him. |
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