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POTREBA PRÁVNEJ ÚPRAVY SPRÁVNEHO TRESTANIA NA PRÍKLADE ZÁSADY ZÁKAZU ZMENY K HORŠIEMU

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Vačok J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2017
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vol. 100
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issue 5
495 – 502
EN
This contribution points out interpretation problems of present regulation of Administrative Punishment. He analyses national and international regulation especially with reference to the requirements of Convention for the Protection of Human Rights and Fundamental Freedoms. According to the research findings, the author points out the need the comprehensive regulation of administrative punishment. He also defines the essential problems for solving before the start of the works on the new law.
2

UPLATŇOVANIE KASAČNÉHO PRINCÍPU PRI PRESKÚMAVANÍ ROZHODNUTÍ SPRÁVNYCH ORGÁNOV (INAUGURAČNÁ PREDNÁŠKA)

100%
Vačok J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2021
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vol. 104
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issue 2
89 – 98
EN
The author summarizes his research relating to the system of remedies against administrative authorities’ decisions. He points out the broad spectrum of them, including appeal, action to the court, cassation complaint, a complaint to the Constitutional Court of the Slovak Republic, and complaint to the European Court of Human Rights. The author also notices on the other measures of reviewing administrative decisions. These are examining outside the appellate procedure, retrial, and supervision by the prosecution. Under the opinion of the author, the comprehensive system of remedies is not necessary the advantage. It could try to ensure better control, but on the other side it could interfere with the principle of legal certainty. The author mainly points out the interferences in legal certainty. One of the reasons is that most of the remedies direct against the decisions in force. The second is that a large part of the higher instance authorities decides by the principle of cassation. These elements allow open the finished proceedings and prolong the total length of the whole procedures. According to the analysis of the particular remedies in the whole system, the author offers proposals to the future. He gives his attention to the pros and cons of principles for decision (especially to the appellate principle and principle of cassation). He points out the possibility of reducing some instances. He also states the conditions under which the current system could remain. Finally, the author points out the impact of the current system of remedies on public credibility.
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