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POSUDZOVANIE PLATNOSTI VKLADOVEJ ZMLUVY V SPRÁVNOM SÚDNOM KONANÍ

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Fečík M., Jakubáč R.
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 5
389 – 399
EN
The assessment of the validity of a registered contract in administrative court proceedings is a specific form of the court´s assessment of the validity of a private act, which differs in many respects from „classical“ assessment of the validity of a private act in civil litigation. The assessment of the validity of a registered contract in administrative court proceedings is determined by the nature of the proceedings for the contribution permission between administrative (public) and civil (private) law as well as by the nature of the administrative court proceedings. In the present article, the authors analyse in more detail the individual determinants of assessing the validity of a deposit contract in civil litigation and administrative court proceedings. At the same time, the authors emphasise the need to maintain a uniform interpretation of the norms of civil (private) substantive law regarding the validity of a registered contract in the decision-making practice of civil and administrative courts.
2

SPRÁVNE SÚDNICTVO V SYSTÉME DEĽBY MOCI

100%
Tomaš L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2022
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vol. 105
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issue 6
469 – 496
EN
The principle of separation of powers is one of the central principles of the rule of law. It is possible to identify several of his interactions with the ideological mission of the administrative judiciary in a democratic society. In this context, the author is concerned primarily with the independence and separation of the administrative judiciary, on the one hand, with the position of the administrative judiciary in the system of checks and balances. In the first aspect, it primarily examines the institutional independence of the administrative judiciary and the personal independence of the judges of the administrative courts, taking into account considerations of the need to strengthen the guarantees of judicial independence in the administrative judiciary. First, the author deals with the influence of the judiciary on the executive, primarily in the context of the full jurisdiction of the court and the review of administrative discretion regarding the system of checks and balances. In relation to the legislation, the survey of legal regulations in the administrative judiciary, the possibilities of judicial law-making and the braking mechanism of the Supreme Administrative Court of the Slovak Republic in relation to the National Council of the Slovak Republic are examined.
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