NV307K Liability for Damage in Public Administration

Faculty of Law
Autumn 2022
Extent and Intensity
0/0/0. 4 credit(s). Type of Completion: k (colloquium).
Teacher(s)
doc. JUDr. Soňa Skulová, Ph.D. (lecturer)
Mgr. Tomáš Svoboda, Ph.D. (lecturer)
Guaranteed by
Mgr. Tomáš Svoboda, Ph.D.
Department of Administrative Studies and Administrative Law – Faculty of Law
Contact Person: Andrea Špačková, DiS.
Supplier department: Department of Administrative Studies and Administrative Law – Faculty of Law
Timetable
Tue 13. 9. 8:00–9:40 136, 10:00–11:40 136, Fri 30. 9. 8:00–9:40 160, Fri 4. 11. 12:00–13:40 025, 14:00–15:40 025, Fri 9. 12. 18:00–19:40 160
Prerequisites
!OBOR(PR) && !OBOR(PR01)
Basic orientation in administrative law and legal forms of public administration.
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 1/30, only registered: 0/30, only registered with preference (fields directly associated with the programme): 0/30
fields of study / plans the course is directly associated with
Course objectives
The aim of this course is to acquaint students with the legal regulation of liability for damage in public administration, especially in the form of Act No. 82/1998 Coll., on liability for damage caused in the exercise of public authority in form of decision or maladministration in as amended, and its application practice, both from the perspective of victims, respectively. responsible (government) bodies, as well as from the point of view of the responsibility of public officials.
Learning outcomes
Upon successful completion of this course, students will gain basic theoretical and practical knowledge in the field of liability for damage in public administration. Will be able to identify the basic situation of the implementation of public administration, in which it will be eligible to draw liability for damage and determine the appropriate type of liability, including the follow-up of procedure. Will be well oriented in the Act No. 82/1998 Coll., respectively liability for unlawful decisions and maladministration, and will be able to apply these types of liability in the case studies.
Syllabus
  • 1) Introduction to the issue (general definition of liability for damage, preconditions of liability, basic types of liability - civil liability and liability for damage in the exercise of public authority) • 2) Liability for unlawful decisions (the concept of decision, preconditions of liability under Act no. 82/1998 Coll., relation to liability for maladministration, examples) • 3) Liability for maladministration (the concept of maladministration, preconditions for liability under Act No. 82/1998 Coll., liability for delays and unreasonable length of proceedings , examples) • 4) Special types of liability for damage in the exercise of public authority (liability for restriction of personal liberty, liability for illegal situations, liability for normative acts, etc.) • 5) Liability of officials (recourse payments according to Act No. 82/1998 Coll .; basics of labor liability; other forms of liability) • 6) Procedural aspects (procedural conditions, preliminary assertion of a claim under Act No. 8 2/1998 Coll., court hearing) and current issues.
Literature
    recommended literature
  • SIMON, Pavel. Odpovědnost za škodu při výkonu veřejné moci. Vydání první. V Praze: C.H. Beck, 2019, xxvii, 386. ISBN 9788074007682. info
  • Přehled judikatury ve věcech náhrady škody. Edited by Petr Vojtek. Vydání první. Praha: Wolters Kluwer ČR, a.s., 2017, 661 stran. ISBN 9788075523617. info
  • MATES, Pavel and Jakub SEVERA. Odpovědnost státu za výkon veřejné moci. Praha: Leges, 2014, 176 s. ISBN 9788075020215. info
Teaching methods
Collective consultations, discussions within consultations, case study, self-study, including the e-learning environment (studying materials, testing techniques, individual consultations).
Assessment methods
The condition for passing the course is completion of questionnaires in the information system and a case study.
Language of instruction
Czech
Further comments (probably available only in Czech)
Study Materials
The course is taught annually.
Information on the extent and intensity of the course: 12 hod. přednášek za semestr / 12 hrs of lectures per semester.
Teacher's information
Further details are provided in the studying materials (IS MUNI). The course was developed within the project FRMU "Liability for damage in public administration" (MUNI / FR / 1220/2019).
The course is also listed under the following terms Autumn 2020, Autumn 2021.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/autumn2022/NV307K