American Chamber of Commerce
in the Czech Republic
7.11.2008, 09:00 - 7.11.2008, 11:00
AmCham offices, Dušní 10, Prague 1 Show on map
The current dualistic approach to judicial review of decisions made by public administration bodies (organy verejne spravy) is not a good one and causes many problems, not only to parties to proceedings, but also to administrative and civil courts. The problems stem from an unclear bordering line between a public law case and a private law case and very ambiguous interpretations in the practice. A case often goes through all instances before it is declared that the subject matter of the dispute falls under the other branch of the administrative judiciary (spravni soudnictvi). This is hardly acceptable vis-a-vis the principle of legal certainty. Karel Šimka, a judge of the Supreme Administrative Court, has been charged by the Chairman of the Court to discuss this issue with AmCham members. We also hope to be able to suggest some advocacy steps to improve the current system.