„Rebuke“ under the Civil Service Act – legal nature, form and consequences Cover Image

Výtka dle zákona o státní službě – právní povaha, forma a důsledky
„Rebuke“ under the Civil Service Act – legal nature, form and consequences

Author(s): Kateřina Frumarová
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Univerzita Palackého v Olomouci
Keywords: civil service; civil servant; rebuke; disciplinary procedure; disciplinary mea¬sure; decision; administrative body; administrative procedure; res iudicata

Summary/Abstract: The article is devoted to the institute of rebuke imposed on the basis of the Civil Service Act. It is a tool that serves to solve minor shortcomings in the activities of civil servants. However, its legal regulation is more than minimalistic. It is therefore not clear what the legal nature of the rebuke is and whether it can be considered a disciplinary sanction. It is also not addressed what form of public administration activity the rebuke represents, whether it is a decision or another act. However, the answer to this question is key to determining the means of judicial protection. Furthermore, the article also deals with the legal consequences of the imposed rebuke, in particular the question of whether it establishes a res iudicata impediment.

  • Issue Year: 17/2022
  • Issue No: 3
  • Page Range: 25-37
  • Page Count: 13
  • Language: Czech