Aplikace právních předpisů obcí a krajů ve světle jejich práva na samosprávu

Ševčík, Jakub

58 Application of municipal and regional legislation in light of their right to self-government Abstract: The topic of the thesis focuses on by-law regulations issued by local self-government units and especially the question of their application. According to Article 95 of the Constitution of the Czech Republic, the general courts are entitled to assess the compliance of a by-law with the law. In the thesis, the author deals with the question of how administrative authorities should proceed if they find themselves in a similar situation. The author summarises the existing discussion on the binding of administrative authorities by sub-legislative regulations and extends it to considerations in relation to sub-legislative regulations issued by local authorities. He concludes that Article 95(1) of the Constitution of the Czech Republic must be interpreted as meaning that if the administrative authority finds that it is entitled to do so, it may not apply a by-law regulation of a local authority when issuing a decision. Account is taken of the international legal impact, in particular the impact on European Union law. The author compares the question with the case-law of the Czech Supreme Administrative Court, according to which an administrative authority is obliged to assess the compatibility of the national...

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