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Lecturer(s)
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Frumarová Kateřina, doc. JUDr. Ph.D.
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Melotíková Petra, Mgr. Ph.D.
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Pospíšilová Soňa, JUDr. Ph.D.
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Course content
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Topics of lectures: 1. Public Administration - Basic Concepts (Private and Public Administration, Structure of Public Administration). Outline of the development of public administration. 2. Administrative law (Dualism of law, concept of administrative law, its subject, development and system). European aspects of administrative law. Vague legal concepts. Administrative discretion. Analogy in Administrative Law. 3. Sources of administrative law (Constitution and constitutional laws, international treaties, EU law, laws, regulations and statutory regulations. Other sources and sources of administrative law). 4. Public administration and norm-making (Public administration contribution to law-making, preparation, negotiation and approval of legislation, declaration of national and local law). 5. Administrative act (Concept and characters, breakdown of administrative acts, formalities and defects in administrative acts, characteristics of administrative acts). 6. Measures of a general nature. Public contracts. Other actions. Immediate interventions, factual and enforcement actions. 7. Organization of public administration - Constitutional and legal foundations of the organization of public administration. Principles of public administration organization. Public administration bodies. 8. Public administration organizations - public administration executors (state administration executives, self-government executives, executors of other public administrations). 9. Self-government - concept, historical development. Breakdown. Basic features of territorial self-government. The notion of a public corporation. 10. Self-government - municipal self-government. 11. Self-government - regional self-government. 12. Interest and other self-government 13. Administrative punishment - basic concepts and principles of administrative punishment. Administrative offense and its breakdown. Offense - substantive legal regulation. 14. Administrative Penalties: Disciplinary Offenses. Ordinary offenses. 15. Administrative supervision. 16. Expropriation - constitutional and legal conditions, procedure, judicial protection. 17. Public use. 18. Public service (civil service, status of local self-government officials, other adjustments). 19. Right to information in public administration 20. Liability for damage in public administration. 21. Ombudsman. Parliamentary control of public administration. Inspection performed by the NKÚ. 22. Judicial control of public administration - administrative justice. 23. Judicial Control of Public Administration - Constitutional Judiciary. ECtHR. 24. European Administrative Law.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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This subject follows the course Basic principles of organization and activities of public administration. The aim is not only to gain knowledge of concepts and institutes of general administrative law, but also to apply these concepts in solving practical situations. The subject is devoted to the main issue of so-called general administrative law, thus it is the basic and necessary introduction of the student into the issue of administrative law as such. General administrative law includes everything general and common to a given discipline, ie it defines the basic concepts, phenomena and institutes; it is the abstraction of the applicable administrative law; it also provides a basis for the proper application of the administrative law of the procedural law, but also of all the so-called special parts of administrative law (eg building law, internal administration, police administration, culture management, health administration and many others). In this subject, the subject will be the basic institutes and phenomena of administrative law, respectively. general administrative law not only from the point of view of legal (Czech as well as international), but also from the point of view of administrative doctrine and application practice.
Upon finishing of the course the student will acquire the basic and necessary knowledge of the legal regulation of the organization and the activities of the public administration, will be able to define, distinguish and elucidate the basic concepts and institutes of the Czech public administration and administrative law, will be able to work with relevant legal regulations and jurisprudence related to the given issue . At the same time, he will be able to apply the acquired theoretical knowledge practically.
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Prerequisites
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Completion of this subject follows the subject Basic principles of organization and activities of public administration.
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Assessment methods and criteria
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Mark
Credit: - active participation in the seminar (absence without compensation 3x, absence of additional absence by seminar work on the topic) - elaboration of one seminar topic set at the beginning of the semester by the teacher - credit test (20 test questions combination of multiple choice of answers and short answers, maximum 20 points, minimum for credit of 12 points, 3 terms in IB) Exam: Oral exam, list of questions available on the web / board, the student answers one question from part A and one question from part B.
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Recommended literature
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Hendrych, D. a kol. (2016). Správní právo. Obecná část. 9.vydání.. Praha - C. H. BECK.
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Pouperová, Frumarová, Madleňáková. Praktikum z obecného správního práva, 1.díl.. Praha.
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Pouperová, O., Frumarová, K., Madleňáková, L. (2014). Praktikum z obecného správního práva, 2.část. 1. vydání.. Praha.
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Průcha, P. (2012). Správní právo: obecná část. 8.vydání. Praha.
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Sládeček, V. (2013). Obecné správní právo. 3. vydání.. Praha Wolters Kluwer.
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