Etický kódex a správne disciplinárne delikty
Code of ethics and administrative disciplinary offences
Author(s): Matej HorvatSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Ethics / Practical Philosophy, Public Administration, EU-Legislation, Comparative Law, Administrative Law
Published by: Univerzita Palackého v Olomouci
Keywords: administrative disciplinary offence; Article 6 of the Convention; civil branch of the Convention; criminal branch of the Convention; right to a fair trial; judicial review of administrative disciplina
Summary/Abstract: Administrative disciplinary offences are a type of administrative offence, main¬ly emphasising compliance with (internal) obligations within an institution. Their spe¬cificity lies in the fact that, from a substantive point of view, they may, by law, leave the definition of the facts of the offence also to an internal regulation. One of these regulati¬ons may be a code of ethics. In this paper I will deal with the definition of administrative disciplinary offences and codes of ethics as a source of the facts of these offences, pointing out whether, from the point of view of European decision-making practice, administra¬tive disciplinary offences can be considered as criminal charges for the purposes of Article 6 of the Convention and, in the event of a positive or negative answer, what principles and procedures will apply to the imposition of liability for a committed administrative disci-plinary offence. I will also compare the above in the light of national case law and analyse whether there are any differences in the European and national approaches available in the decision-making practice.
Journal: Acta Iuridica Olomucensia
- Issue Year: 19/2024
- Issue No: 2
- Page Range: 50-69
- Page Count: 20
- Language: Slovak