Nejvyšší správní soud a rušení podzákonných právních předpisů
The Supreme Administration Court and cancellation of sub-law regulations

Summary/Abstract: The Constitution allows for secondary legislation, including generally binding decrees, by the Supreme Administrative Court to be repealed in the event of illegality, not unconstitutionality. It is conceivable here that the Supreme Administrative Court could annul a by-law on the basis of a proposal by anyone who would be deprived of their rights by the legislation in question or imposed an obligation, not only in the event of a violation of fundamental rights and freedoms, as is already possible today for the constitutional complainant before the Constitutional Court, but also in other areas, especially if the competent supervisory body of the state would consider the legal regulation to be legally perfect. It should be added that the government's draft Constitution did not presuppose the existence of the Supreme Administrative Court (there was an administrative college of the Supreme Court) and was quickly added to the text of the Constitution, including its competence, only by amendments in parliament.

• Details
• Contents