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Public administration in the Czech Republic
Radislav Bražina

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Constitutional rudiments
The state power is derived from the people and is carried out by three types of power –
legislative, judicial and executive.
Public administration may only do what is expressly allowed by law.

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Constitutional rudiments
Constitutional law represents the basis of administrative law regulations.
Most important sources:
Constitution
Constitutional laws
Charter of Fundamental Rights and Freedoms

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Administrative law system
General part
Special part (legal regulation in individual „sections“ of public administration e.g. culture,
environmental protection)
Organizational administrative law
Substantial administrative law
Procedural administrative law
Administrative offences are among all three branches.

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Sources of administrative law
The term source of law si usually understood as normative legal act, a legal regulation that is
formed by individual legal norms (code of conduct).
Sources of administrative law are nowhere fully or exhaustively listed.

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Sources of administrative law
Sources are assorted in pyramidal-type structure.
Validity of legal regulation - > becomes effective (legally binding)
Sources can be classified by:
•legal force,
•their primary/secondary sign,
•the body that issued them.

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Individual types of the sources of Adminstrative law
§Constitution, Constitutional laws, Charter of Fundamental Rights and Freedoms
§International treaties according to Article 10 of the Constitution
§EU law sources
§Laws and legislative provisions of the Senate
§Governmental orders, ministrial orders and orders of other central administrative offices

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Individual types of the sources of Adminstrative law
§Bylaws of regions and bylaws of communities
§Generally binding bylaws of regions, generally binding bylaws of comunnities (self-government)
§

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European administrative law
1.European admistrative law can be seen as part of EU law
2.EAL can be seen as the Common European Administrative Area - administrative cooperation,
cross-border cooperation.
3.EAL can be seen as common Principles and Values - ius commune - interaction, managed / regulated
by Council of Europe

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Europeanization
§Europeanization can be seen as perception and acceptance of common European requirements, values,
trends, standards, case law and their transposition into national (s) legal systems
§Convergence, elimination of differences among the legal regulations of individual European states

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Europeanization
§Passive - to be influenced by the surrounding European legislation, to meet the requirements of EU
law
§Active - to influence the surrounding legislation
States in Europe (1) offer principles, (2) then they are taken over at European level and (3)
distributed in Europe.

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Europeanization
§Voluntary Europeanization – Council of Europe (non-legal aspects), similarity
§Forced Europeanization - EU (legal aspects - obligation), consistency to uniformity, "deepening
Europeanization", EU influence on preparation and implementation by Member States
Impact mainly on the so-called special part of administrative law.