Discovering Long Forgotten: Settled Administrative Practice in the Czech Administrative Procedure
Discovering Long Forgotten: Settled Administrative Practice in the Czech Administrative Procedure

Author(s): Zdeněk Kühn
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: administrative procedure; Czech Republic; Czech Constitutional Court; Supreme Administrative Court
Summary/Abstract: The Chapter analyses the issue of settled administrative practice (established modes of decision making of the administrative authorities or on the contrary their long term inactivity with regards to some legal or factual issues). Within the last two decades, the case law of the Czech Constitutional Court and the Supreme Administrative Court has developed the notion of settled administrative practice and its legal protection (or to be precise, the protection of the addressees’ trust in the continuing use of those practices). The paper analyses its normative force, including the question to what extent it is binding, relation to the statutory law it interprets as well as the possibility and potential of law making force of the settled practices. According to the case law of the Supreme Administrative Court, which further elaborates on case law of the Constitutional Court in this regard, the administrative practice established in the past can only be changed with effects pro futuro. What remains deeply controversial is the issue of practices that are contrary to the law.

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