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Czech Administrative Law
 MVE009Zk Czech Law in Global Context
29. 11. 2024
JUDr. Anna Chamráthová Richterová, Ph.D.
Department of Administrative Studies and Administrative Law, Faculty of Law, Masaryk university

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Qustions and possible answers:
̶How does Czech legal theory views public administration?
̶What is the relation between administrative law and public administration?
̶Why do we have (in a legal order) administrative law?
̶What is the purpose of administrative law?
̶Which examples/issues are under legal regulation by administrative law?

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Public Administration in point of view of its organization + activity + control
1.Public Administration and Administrative Law - relationship
2.System of Administrative Law (according to the Czech theory/doctrine)
3.System of Public Administration in the Czech Republic – its organization („who conducts
administrative law“)
4.System of Public Administration activity; public administration as an activity and its forms
(„what different procedural types do we have“)
5.Control system of Public Administration

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Administration and Public Administration
̶Administration – deliberate/intentional activity aimed at a certain goal, consists of management
and organisation, not identical with the term "management„
̶Private administration - private entities, private interest, private goals, private affairs,
private measures, all that is permitted that is not prohibited
̶Public administration – public law entities (public administration bodies/administrative bodies),
duty, public goals and tasks, public law measures (forms), public interest, public affairs (public
tasks),  allowed is only that that is allowed by law
̶Public administration/state is not a "business" - the necessity to implement public tasks
(regardless of profit and popularity) and to fulfill and protect/promote the public interest

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Possible Views on Public Administration
̶Organisation – WHO, system of bodies conductiong public administration
̶Activity – WHAT (also HOW), scope of actions within public administration, system of good
governance may be included
̶Reason of existence of public administration

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System of Czech Public Administration
•State administration belongs to the state; important part of public adminstration, different task
of the state are perfomed by the state and its bodies („direct state administration“), but also
„indirectly“ by other bodies that are not part of the state administration („indirect/transfered
state administration“) – there are bodies of territorial unites entitled (and also obliged) by law
to perform state administration instead of the state and its bodies („mixed model of state
administration“) – specific „representation“ – they perform the state administration, but in
origin, are not part of this body
•Self government includes local, regional and also „university/interest and professional“
self-government (advocates, tax advisors, doctors, dentists, pharmacists, …)

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University self-administration/government
̶Representative body („akademický senát“): is elected by all students and academic staff, elects
(rector/dean), approves university statutes
̶Existence of disciplinary body („disciplinární komise“) to punish students
https://is.muni.cz/auth/do/mu/Uredni_deska/Predpisy_MU/Masarykova_univerzita/Vnitrni_predpisy_MU/Di
sciplinarni_rad_pro_studenty_masarykovy_univerzity/Disciplinarni_rad_pro_studenty_Masarykovy_univer
zity__ucinny_od_1.9.2022_.pdf
̶Existence of university statutes/norms (Study and Examination Regulation, fees, …)
https://is.muni.cz/auth/do/mu/Uredni_deska/Predpisy_MU/Masarykova_univerzita/Vnitrni_predpisy_MU/St
udijni_a_zkusebni_rad/124377837/II._Consolidated_text_of_the_Masaryk_University_Study_and_Examinati
on_Regulations__1._3._2022_.pdf

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System of (Czech) Administrative Law
Administrative Law („Správní právo“)
̶is the biggest branch/part of law/legal system; part of public law
̶regulates relations in Public Administration
a)its organization (at different levels) and
b)its functions/activities; public administration is based on (intentional) activity
vits funcion in the society;
vto gain public goals and
vto protect public interest
̶represents a possibility of using public power; protects public interest; examples of superiority
̶

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(Mighty) Administrative Law - why?
̶Public Administration surrounds us in everyday life: public media and press, healthcare, public
transport, traffic regulation, education, hygiene and consumer protection, fines, ...
̶Public Administration follows us, it goes step by step with us in our life (from birth to death):
health care, birth - register, kindergarten and compulsory school attendance, identity card,
driver's license, travel document (passport), unemployment, university admission, studies, dealings
with the authorities (purchase of real estate, registration vehicles), wrongdoing,
marriage/partnership, business, pension insurance, death, …

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System of (Czech) Administrative Law
One possible division:

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System of (Czech) Administrative Law
̶Second possible division:

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Organizational Administrative Law
̶Act no 2/1969 Coll. On the establishment of ministries and other central state administration
bodies
̶Act no 128/2000 Coll. Municipalities Act
̶Act no 129/2000 Coll. Regions Act
̶Act no 131/2000 Coll. On the capital city of Prague
̶Act no 51/2020 Coll. On territorial state administration division
̶Act no 349/1999 Coll. On the Public Rights Defensor/ombudsman

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Administrative Procedural Law
̶Procedural part of Administrative Law (different procedures that can be found in public
administration) – protection of rights
̶Code of Administrative Procedure (act no 500/2004 Coll.)
̶Code of Administrative Justice (act no 150/2002 Coll.)
̶

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How we can know if the state is democratic and legal?
̶Adolf Merkl (Austrian scientist) wrote in the 30´s that such state recognizes:
1.Principle of legality, rule of law
2.Existence of self – government and
3.Judicial control of public administration – administrative justice
Example: In the Czechoslovakia these roots were destroyed from 1948 to 1989
So, thanks to this heritage, we should be aware and be carefull, if someone will try to limit it
(due also „economic“ reasons)

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Substantive Administrative Law (for example)
̶Acts on: IDs (269/2021 Coll.), passports (329/1999 Coll.), foreigneres (326/1999 Coll.), asylum
(international protection) act (325/1999 Coll.), interim protection (221/2003 Coll.) building act
(183/2006 Coll.), expropriation act (186/2006 Coll.), state monument care (20/1987 Coll.),
education (561/2004 Coll.), universities (111/1998 Coll.), Police of the Czech Republic (273/2008
Coll.), state citizenship (183/2013 Coll.), health service (372/2011 Coll.), special helath service
(373/2011 Coll.), guns (119/2002 Coll.), name and surname (301/2000 Coll.), protection of public
health (258/2000 Coll.), sea cruise (61/2000 Coll.), domestic cruise (114/1995 Coll.), civil
aviation (49/1997 Coll.), railways (266/1994 Coll.), digital service (12/2020 Coll.), nuclear
energy (263/2016 Coll.), fireman service (320/2015 Coll.), libraries (257/2001 Coll.), spas
(164/2001 Coll.),

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Administrative Punishment Law/Criminal Administrative Law
̶Act no 250/2016 Coll. Code of Administrative Offenses
̶Act no 251/2016 Coll. On some administrative offenses

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System of Czech Public Administration
̶Local/regional self government (based in Constitution, European Charter of Local Government) – is
protected, „prepares the politicians for the national/state level“
̶14 regions (all perform also state administration)
̶+/- 6254 municipalites (cca 30 cities with specific regime – division between part of such cities
and the city itself); all of them perform (of course) self government and the state administration
(but in different scope – three cathegories of the municipalites, only for the tasks of STATE
administration)

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System of Czech Public Administration

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System of Czech Public Administration

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System of Czech Public Administration

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System of Czech Public Administration
Art. 1 section 1 of law nr. 500/2004 Coll., Code of Administrative Procedure
̶„This Act regulates the procedure of executive bodies, bodies of territorial self-governing units
and other bodies, legal and natural persons, if they exercise competence in the field of public
administration (hereinafter referred to as "administrative body").“
1.Executive body – ministries and central administrative bodies - act no 2/1969 Coll.
2.Bodies of territorial self-government units – 14 regional offices and about 6254 municipalities
offices
3.Other bodies
4.Legal and natural persons – universities (disciplinary committee), chamber of attorneys, chamber
of „doctors“, etc. (about 10 chambers with the right to self government)

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Activity of Public Administration
̶Public administration as activity of administrative bodies is represented by the system of forms
(„formy činnosti“, „formy działania“, „Handlungsformen“)
̶Variety of forms – a lot of tasks and duties of public adminstration in the 21st century
̶In general, they are mostly regulated (their the procedural aspects) by the act nr. 500/2004 Coll.
– Code of Administrative Procedure (CAP) – the principle of legality
̶

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Activity of Public Administration
̶Necessity of division of forms of activities of public administration:
̶Who can issue?
̶Who can change?
̶Who can abolish?
̶Who is bound by them?

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Activity of Public Administration
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Forms of public administration activity
Administrative act
normative administrative act
individual administrative act
mixed administrative act
Public law contract
Factual act and immediate intervention

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Activity of Public Administration
̶Form(s) of activity:
1) Outcome/result of public administration activity; several forms (due to complexity of public
tasks and goals)
2) Shows in which ways/forms is the public administration realized and applicated
3) Presents scope of administrative and (later) judicial protection.
•Normative approach to the forms: which forms has the public administration permited/allowed and
„prescribed“ to fulfill its tasks (principle of legality), helps the public administration
•Instrumental approach: the system of forms protects the individual rights, another than prescribed
form can´t be applied/used
̶

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General rules/principles of public administration activity
̶In Constitution (act no 1/1993 Coll. – principle of legality, legal basis for the establishment of
authorities, order of the government – government regulation), Charter of Fundamental Rights and
Freedoms (no 2/1993 Coll.) – right for a fair trial (art. 36 sec. 1) and judicial protecion (art.
36 sec. 2)
̶Art. 6 European Convention on Protection of Rights and Freedoms – is applicable also to the
administrative procedure? – existence of judicial protection
̶Art. 2 – 8 CAP (principles of good administration): legality, proportionality, protection of good
will, legitimate expectations, public service, alternative solutions, speed and economy,
minimalization of interventions, equality, cooperation – binding for the administrative bodies
̶Soft law: Rec (2007) 7 on good governance

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Legal regulation of administrative procedure
̶In general is in the CAP (art. 1 sec. 2) „This Act or its individual provisions shall apply unless
a special Act provides otherwise.“, so CAP:
̶as lex generalis (about 300 laws in position of lex specialis), we can find bigger or lower
„deviations“,
̶about 180 provisions, in effect since 2006
̶

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Legal regulation of administrative procedure
CAP in the Czech history:
1.8/1928 Coll. – 137 provisions, „only“ administrative procedure
2.20/1955 Coll. – 53 provisions, „only“ administrative procedure
3.91/1960 Coll. – just 36 provisions, „only“ administrative procedure
4.Act no 71/1967 Coll. – 86 provisions, mostly administrative procedure, still in effect in
Slovakia (common CAP for the CZ and SK)
5.Act no 500/2004 Coll. – 184 provisions, mostly administrative procedure (art. 9 – 153),
6.

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Legal Guarantess in Public Administration
̶Principle of legality (Constitution, Charter of Fundamental Rights and Freedoms, Code of
Administrative Procedure, …)
̶Legal guarantees: different measures that enables and ensures legality in public administration
1.Control (in public administration – internal and external), Code of Control (act no 255/2012
Coll.), external control by: courts, ombudsman, people (petition, individual complaint),
independent administrative bodies, Parliament
2.Right to information (FOIA – act no 106/1999 Coll.)
3.Control of administrative acts
4.Responsibility (act no 82/1998 Coll. for damages), administrative offences (act no 250/2016
Coll.)
̶

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Administrative Justice in the Czech Republic
̶1867 and 1876 in Austrian Empire – Code of Administrative Justice (Act no 36/1876 Coll.) – this
act was in effect (with some changes) till 1952!
̶Act no 3/1918 Coll. – Code of Administrative Justice; „only“ Supreme Administrative Court with the
the cassation action/complaint (against administrative decision), but continuing Austrian
procedural regulation
̶Adoption of the Code of Administrative Procedure (in 1928) was strongly influenced by the case law
of the Austrian/Czeschoslovakian (Supreme) Administrative Court
̶Destroyed in 1952
̶Restoration in 1992 (to 2003)
̶
̶

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Administrative Justice in the Czech Republic
̶New system (since 1. 1. 2003, Act Nr. 150/2002 Coll., Code of Administrative Justice)
̶Regional courts and Supreme Administrative Court
̶Possibility to take an action againt: decision, inactivity, factual acts, act of general measure,
… wide scope of judicial protection
̶
̶

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Administrative Justice in the Czech Republic
http://upload.wikimedia.org/wikipedia/commons/2/2f/Nejvy%C5%A1%C5%A1%C3%AD_spr%C3%A1vn%C3%AD_soud_%
C4%8CR_I.jpg

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Ombudsman
̶Established in 2000, Act no 349/1999 Coll., seat in Brno
̶„Public Defender of Rights“
̶https://www.ochrance.cz/en/

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Ombudsman
̶Protects people against the conduct of authorities and other institutions if the conduct is
against the law, does not correspond to the principles of a democratic legal state and
the principles of good administration, or the authorities are inactive.
̶He/she also carries out preventive systematic visits to places where people are restricted in
their freedom and seeks to ensure that their rights are respected. The Defender also contributes to
promotion of the right to equal treatment and protection against discrimination and also
systematically deals with the rights of the people with disabilities.
̶

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Conclusion
Prepare your answer to the following questions:
1.Why do we have public administration? Is it good/bad thing, helps/is harmful, …
2.What is (is there any) a connection between public administration and administrative law?
3.Why is important to control public administration?

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If you are interested …
̶https://www.mvcr.cz/clanek/vyrocni-zpravy-o-stavu-verejne-spravy.aspx
̶https://www.vlada.cz
̶https://www.mvcr.cz
̶https://www.nssoud.cz
̶https://www.ochrance.cz
̶https://portal.gov.cz/