Pavel Mates | J. E. Purkyně University, Ústí na Labem

What to do with a a nullity of an administrative decision

Jurisprudence 6/2015 Section: Discourse Page: 39-42

Keywords: nullity of administrative procedure, the development of law, judicial activism

Abstract: Nullity is recognized by the Czech legal order since 2004. Yet still, it raises many questions. How far can judicial activism reach? Is the principle of separation of powers being violated by judicial power, when the courts actually interfere with the legislative power? Does it effect the the predictability of law, since the highs courts are allowed to directly amend the contents of statutes and thereby disrupt their purpose that was observed by their adoption? The article aims to present arguments to these questions.