LA202Zk Administrative Law II

Faculty of Law
Autumn 2012
Extent and Intensity
0/0. 10 credit(s). Type of Completion: zk (examination).
Teacher(s)
JUDr. Stanislav Kadečka, Ph.D. (lecturer)
prof. JUDr. Petr Průcha, CSc. (lecturer)
doc. JUDr. Soňa Skulová, Ph.D. (lecturer)
Guaranteed by
doc. JUDr. Soňa Skulová, Ph.D.
Faculty of Law
Contact Person: Bc. Alžběta Rašková
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.
Course objectives
To develop and to deepen knowledge and skills of substantial areas, matters and issues of Administrative Law and Public Administration in the modern European legal state, with the view to follow up with the content of the course Administrative Law I, respectively with the application of relevant judicature. This module will enable students to: • Understand principle pillars of European Administrative Area and their influence on Public Administration of the member state. • Assess critically the influence of Good Governance Principles in administrative practice and to simplify their application in legal argumentation and in administrative bodies´ day-to-day activity. • Reflection of the importance of Public Administration’s Ethics and understanding of the system of the anti-corruption measures. • Understanding of the functioning of municipal and regional administration and also understanding of supervision over the local administration. • Analytic view on the normative powers of administrative bodies, on necessary part of legislative technique and on the supervision over the legislative activity of Public Administration. • Develop knowledge of Public Administration’s discretionary powers, about their use, limits and criteria. • Understanding of specific application of transparency principles and confidentiality principles (privacy protection) in Public Administration’s activities. • Analytic view on the area of supervision exercised within the state supervision. • Understanding of enforcement of Liability in Public Administration in specific legal regulations and in their interaction, including liability for damage and for immaterial damage. After completion of the module the students should be able to: a) Understand intention of modern Public Administration and the concept of Public Administration as a public service. b) Interpret and give reasons for Good Governance Principles and their effects in Public Administration’s practice, including legal and ethical point of view. Also identify the role of the ombudsman in this area. c) Understand functioning of the system of local government, including its competency and interrelationships. d) Understand fundaments, extent and limits of Administrative bodies´ normative powers and supervision mechanisms over these normative powers. e) Critically understand fundaments, expressions, limits and criteria of Public Administration’s discretionary powers. f) Analyze the implementation of guarantees and expressions of transparency and confidentiality in Public Administration's Activity. g) Understand fundaments, legal regulation and implementation of liability in Public Administration, including its particular forms and their legal regulation. h) Identify and analyze solutions and arguments in a systematic and coherent way that demonstrates an understanding of the complexities of Administrative Law and Public Administration i) Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.
Syllabus
  • • European Administrative Area. Pillars of the European Administrative Area. • Principles of Good Governance. Term, content and importance for Public Administration. • Role of the ombudsman’s institution (Public Defender of Rights) • Ethics of Public Administration and ethic infrastructure. Struggle against the corruption in Public Administration. • Specifics of local self-government. Legal status of municipalities and districts. • Normative (legislative) power of Public Administration • Supervision of legal regulations issued by Public Administration • Internal legal regulations in Public Administration and their task • Discretionary powers of Public Administration. Limits and criteria of discretionary powers. • Principle of Public Administration’s transparency. Right to information in Public Administration. Legal regulation of interference of interests in Public Administration. • Protection of privacy in Public Administration’s activities. Personal data protection. • Legal regulation of supervision in Public Administration • System and legal regulation of state supervision • Liability in Public Administration. System and legal regulation. • Liability of subjects executing Public Administration • Public Administration’s Liability for damage and immaterial damage caused by unlawful decision or by incorrect official procedure • Liability for breach of obligations stipulated to Public Administration’s recipients and enforced by Administrative Bodies • Judicial review of Public Administration’s discretionary powers
Literature
    recommended literature
  • KADEČKA, Stanislav and Petr PRŮCHA. Správní právo - obecná část : multimediální učební text (Administrative Law - General Section : multimedia coursebook). 2., nezměn. vyd. Brno: Masarykova univerzita, 2008, 74 s. ISBN 9788021045880. info
  • KADEČKA, Stanislav. Právo obcí a krajů v České republice. 1. vyd. Praha: C.H. Beck, 2003, xvii, 408. ISBN 8071797944. info
  • SKULOVÁ, Soňa. Správní uvážení : základní charakteristika a souvislosti pojmu. Vyd. 1. Brno: Masarykova univerzita, 2003, 241 s. ISBN 8021032375. info
Teaching methods
Range of Modes of Contacts: Lectures, use of commented presentations, group discussions, group seminar activities, brainstorming, case studies. Range of Other Learning Methods: Independent learning, self-study, elaboration of the written assignment, individual consultations.
Assessment methods
Type and Weighting of Assessment Elements: 100 % written assignment Further information on assessment Active participation in module seminars includes the debate concerning individual topics, which is highly appreciated, the knowledge of case studies, written assignments. Expected Form of Feedback: Formative and summative feedback will be provided to each student individually. Written comments with individual coursework assignments. Oral feedback upon request.
Language of instruction
Czech
Further Comments
The course is taught each semester.
The course is also listed under the following terms Autumn 2008, Spring 2009, Spring 2010, Spring 2011, Spring 2012, Spring 2013, Autumn 2013, Spring 2014, Autumn 2014, Spring 2015.
  • Enrolment Statistics (Autumn 2012, recent)
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