Vliv Rady Evropy na českou právní úpravu odpovědnosti veřejné správy za škodu a její aplikaci v praxi
The Influence of the Council of Europe on the Czech Legislation of Liability of Public Authorities for Damage and to its Application in Practice

Summary/Abstract: The paper deals with Czech legislation related to the liability for damage caused by public administration, focusing on it, in what aspects the Council of Europe and in particular the European Court of Human Rights have influenced this legislation and its application in practice. The essential importance had and still has the ECHR case law particularly in question of the introduction of a compensation for a non-material damage into the Czech legislation, as well as of the determination what forms of compensation for that damage and the criteria for determining its amount. Finally, the paper deals with the issue whether an administrative proceeding is also covered by Article. 6, paragraph. 1 of European Convention on Human Rights and whether the conclusions of Czech case law based on ECHR case law related to Art. 6 of the Convention can be applied to the assessment of nonpecuniary damage caused by the excessive length of an administrative proceedings.

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