DO2SZ01 Administrative Punishment

Faculty of Law
Spring 2023
Extent and Intensity
0/0/0. 4 credit(s). Type of Completion: zk (examination).
Teacher(s)
doc. JUDr. Lukáš Potěšil, Ph.D. (lecturer)
Guaranteed by
doc. JUDr. Soňa Skulová, Ph.D.
Faculty of Law
Contact Person: Zuzana Suchá
Supplier department: Faculty of Law
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
Learning outcomes is to present broad and theoretical as well as case-law and legislative context dealing with the place, form, content, importance and application of administrative punishment and so-called administrative criminal law (not only) in the system of administrative law and public administration.
Learning outcomes
Student after successful completion of this course a) perceives the concept and purpose of the so-called administrative criminal law and administrative punishment law (not only) in the system of administrative law and public administration b) has a broad knowledge of the basic principles of administrative criminal law and administrative punishment (c) is equipped with theoretical knowledge to enable him to understand the legislation and its systematics and its content d) has an expansive overview of both case-law and doctrinal views that can be properly applied in practice e) is able to perceive administrative punishment in the necessary context and in the context of the requirement of protection of subjective rights, as well as to perceive legislative and case law requirements for administrative punishment
Syllabus
  • 1) The term "administrative punishment" and its relation to public administration and administrative law; development, sources of legislation and principles (development of administrative criminal law and views on the authority of public administration to punish; current state, sources and principles) 2) Administrative punishment in terms of case law, international, European and criminal law (taking into account the broader context and requirements related to administrative punishment arising from international - Article 6 ECHR, European - EU and Council of Europe, as well as national legislation, including administrative punishment for criminal punishment and administrative criminal law on criminal law; influence and influence of case law) 3) Administrative delicts and systematics of administrative punishment and administrative delicts (system of administrative punishment and administrative delicts, common and different features, division) 4) Misdemeanors/offenses - substantive and procedural issues (analysis of material and procedural offenses) 5) Other administrative delicts - substantive and procedural issues (analysis of other administrative and procedural delicts) 6) Administrative and judicial protection in the area of ​​administrative punishment (protection of subjective rights in administrative delict proceedings, principles; judicial protection in administrative punishment cases and its specifics - moderation law and retroactivity in favor) 7) New challenges of administrative punishment in the context of reform / recodification and its future (reference to new institutes, as well as requirements related to administrative punishment in the context of current legislation; )
Literature
    required literature
  • MATES, Pavel. Základy správního práva trestního. 7., přepracované vydání. V Praze: C.H. Beck, 2017, xxviii, 23. ISBN 9788074006807. info
    recommended literature
  • FIALA, Zdeněk, Kateřina FRUMAROVÁ, Eva HORZINKOVÁ and Martin ŠKUREK. Správní právo trestní. Vydání první. Praha: Leges, 2017, 304 stran. ISBN 9788075022196. info
    not specified
  • PRÁŠKOVÁ, Helena. Nové přestupkové právo. Vydání první. Praha: Leges, 2017, 448 stran. ISBN 9788075022219. info
  • PRÁŠKOVÁ, Helena. Základy odpovědnosti za správní delikty. Vyd. 1. V Praze: C.H. Beck, 2013, xxvi, 420. ISBN 9788074004568. info
Teaching methods
Lecture discussion, self-study.
Assessment methods
Examination consisting of a professional debate on the subject
Language of instruction
Czech
Listed among pre-requisites of other courses
The course is also listed under the following terms Spring 2021, Spring 2022.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/spring2023/DO2SZ01