General Supervision of the Public Prosecutor‘s Office over the Legality of Public Administration – a Retrospective and Prospective View Cover Image

Všeobecný dozor prokuratury nad zákonností veřejné správy – pohled retrospektivní a prospektivní
General Supervision of the Public Prosecutor‘s Office over the Legality of Public Administration – a Retrospective and Prospective View

Author(s): Ondřej Božík
Subject(s): Sociology of Law, Administrative Law
Published by: Masarykova univerzita nakladatelství
Keywords: Supervision; Prosecution; Public Interest; Notice; Protest; Legality; Socialist Legality; Public Subjective Rights; Administrative Justice; Vetting; an Action in the Public Interest; Public Prosecutor’s Office; the Supreme Prosecutor; Vulnerable Person

Summary/Abstract: The article discusses the concept of general supervision of the prosecutor‘s office over the legality of public administration, which was part of the non-criminal competence of the prosecutor‘s office during the socialist era and was to some extent intended to serve as a substitute for the non-existent administrative justice system. Emphasis is placed on the importance of this institution both in terms of protecting the public interest and the public subjective rights of the addressees. However, the article does not limit itself to an empty description of the historical context, but also includes a polemic on whether some partial aspects of this concept could serve as inspiration for the current legislation and thus strengthen the non-criminal jurisdiction of the public prosecutor‘s office, or formulates de lege ferenda considerations that are offered in this context. In this context, account is also taken of Slovak legislation, in which the concept of prosecutorial supervision over the legality of public administration still has its place.

  • Issue Year: 33/2025
  • Issue No: 1
  • Page Range: 139-172
  • Page Count: 34
  • Language: Czech
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