K reformě územně správního členění České republiky

The territorial administrative structure of the Czech Republic has been reformed by Act No. 51/2020 Sb. This change implements an integrated system of local administrative units for the performance of the state administration on different levels based on local units defined as micro-regions. The new arrangement respects the existing boarders of territorial self-governing units while provides an abolishment of the old system of administrative regions based on Act No. 36/1960 Sb.

Vývoj důchodového pojištění na území dnešní ČR od počátku 20. století po současnost

The article deals with the problems of pension insurance in the territory of today’s Czech Republic from the beginning of the 20th century to the present. The main principles of the development of the pension system in the given period were identified and the analysis was performed mainly in terms of the personal and material scope of insurance, insurance obligations, and briefly in terms of the organizational security of the pension system as well. This analysis was carried out in four selected periods. At the end of the article, the relevant findings from this historical development are summarized and with their use the author's own proposal for the development of the pension insurance system in the Czech Republic in the future is presented.

Režimy správního práva

The administrative law regime means a typical legal construction, which expresses the way of connecting an administrative law norm with this norm anticipated administrative law relationship through a certain legally significant fact. From the point of view of public administration addressees, it is appropriate to differ regimes of granting rights and regimes of imposing obligations primarily. Many regimes have a superstructure (secondary) nature, they assume the earlier existence of other (primary) rights and obligations. In addition to unilateral regimes, there are also bilateral or multilateral regimes of administrative law, which are an expression of cooperation in connection with the performance of public administration. From the point of view of public administration bodies, it is possible to distinguish several (administrative) regimes of exercise of their competence (powers). A kind of complement is the regimes that determine the boundaries of administrative regulation (between public law and civil law; between national law and European law). The application of some regimes or their combination typically results in the general administrative law concepts (= the tangles of administrative law norms cemented by the need and effort to solve certain idealized situations, deprived of their specific content). The research of administrative law regimes may perhaps contribute to a more plastic and systematic doctrinal characterization of material administrative law.

Status jednotlivce ve správním právu

The article deals with the status of natural and legal persons, who are as the addressees of public administration one of the subjects of administrative-law relationship. In the introduction, the legal position (status) of a person is generally described. The following chapters then progressively examine legal personality, legal capacity, delictual liability, capacity to be party to proceedings and procedural capacity; that is capacity of individuals as well as legal entities. They focus on specificities of these types of capacity in the area of administrative law, on their legal regulation and on possible interpretation and application issues.

K obsahu a rozsahu veřejných subjektivních práv

The paper deals with the conception of public rights, their attributes, and a definition of the typical groups of public rights. The author analyses which duties of public authorities may be enforced before the court. The author further shows when individual persons have no legal claim to fulfilment of duties of public authorities. The paper analyses the evolution of public rights within the area of public administration and the possibilities of enforcement of these rights.

Zákaz zneužitia veřejných subjektívnych prav a slobôd

The aim of the article is to point out the growing phenomenon of the abuse of public subjective rights and freedoms by private persons in public administration. It analyzes the legal nature of the abuse of rights and freedoms, and the competence of public administration authorities. The author mentions some of the most well-known cases decided by the Constitutional Court and administrative courts in the Czech Republic and Slovakia.

Principle of the Affirmative Duty of Public Administration in the Face of COVID-19 Pandemics – in Relation to the Act on the State of Natural Disaster of 18 April 2002

In view of the obligation of affirmative duty of public administration in the timely way, the author of this paper is verifying the thesis that failing to meet this obligation, in Poland, during the COVID-19 epidemic, the Council of Ministers did not introduce the state of natural disaster regulated by the Constitution and the natural disaster management act.

Prvky atypičnosti v organizaci veřejné správy

The paper deals with atypical elements in the organization of public administration in the Czech Republic. It seeks to define the essence and possible causes of organizational “atypicality” (deviations, exceptions, asymmetries) and assess its impact, not only on the functionality of public administration itself, but also on the doctrinal methodology and theory of administrative law. In addition to general considerations, the text also deals with specific examples of atypical subjects (carriers) and bodies (authorities) of public administration in the Czech Republic.

Aktuálně k správněprávním vztahům a organizaci veřejné správy. Předmluva

Foreword

Rozhraní ústavního a správního práva

Constitutional and administrative law are two related branches of law. But are the boundaries separating constitutional and administrative law truly clear? Many excellent experts in public law have already answered this question. However, as the legal system evolves, the answer to this question can be neither complete nor definitive. Nevertheless, it is possible to mark a number of bright and dark sides of the normative duality of constitutional and administrative law. Attention is focused on the constitutionalization of administrative law, but no less important is the deconstitutionalization of public administration in conditions of over-regulation connected with fragmentary and inconsistent legislation. However, it is not just a question of the integrity of the legal order. There are also a number of practical problems in the sphere of disputes resolution using dual argumentation.