Rozsudek ve věci Žaves: Analýza a kritická reflexe
Ruling In Re Žaves: Analysis and Critical Reflection

Summary/Abstract: The article aims to provide a comprehensive overview of various aspects of the Grand Chamber of the Czech SAC decision in re Žaves. In the first, theoretical part, decision in re Žaves is placed in the broader context of the system of judicial protection in the Czech Republic and the historical development of case law on actions against measures. Subsequently, the systematization of the decision itself is explained, with particular emphasis on areas that are somewhat problematic. The article also focuses on the way in which the Supreme Administrative Court uses human rights discourse to change existing case law. The second part of the article presents the conclusions of empirical research into the case law of regional courts in proceedings concerning actions against unlawful interference consisting in the failure to initiate proceedings ex officio. The empirical part is preceded by a statistical overview of “Žaves” decisions and statistics on the reasons for references to the decision in re Žaves in proceedings concerning other actions. The empirical part focuses mainly on examining how regional courts implement some specific portions of the decision that are rather problematically formulated. The conclusion summarizes the findings and outlines further possible developments in case law in the area in question.

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