Úředníci a pyramida: K aplikaci podzákonných právních předpisů správními orgány
| Title in English | Officials and the pyramid: On the application of implementing regulations by administrative bodies |
|---|---|
| Authors | |
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Správní právo |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Field | Law sciences |
| Keywords | application of implementing regulations;administrative body;analogy;theleological reduction;contra legem;praeter legem;contradiction in law;interpretation of law |
| Attached files | |
| Description | The author deals with application of subordinate legislation where an administrative authority has doubts on the legality. First, he focuses on the issue of application of a regulation that goes beyond delegation in law - in his opinion,the administrative authority is obliged to apply it (with certain exceptions). If the text of subordinate legislation is in direct conflict with clear text of law, the law has to be applied. If the conflict of both norms is apparent and it cannot be removed via interpretation so that the administrative authority has to choose one of the norms, it has to act in conformity with their legal force. Nevertheless, the author stresses in most cases subordinate legislation could be interpreted in such a way that final application of it would be in line with the law. The administrative authority is actually allowed to interpret the contentious legal norm in an expansive or strict way in accordance with legislation of stronger legal force. But, it should not make norms (via analogy or teleological reduction) because its role would go beyond an executive body and would become a legislative body. In the end, the author deals with the change of the conception in a situation when a court decides on interpretation or non-application of a particular subordinate norm or this is recommended in an opinion of an ombudsman. |
| Related projects: |