Přestupková amnestie z pohledu jejího vyhlášení a účinků
Granting and the Effects of the Misdemeanours Amnesty

Summary/Abstract: The author of this paper is convinced (in contrast to generally established voices) that granting misdemeanours amnesty falls exclusively within the jurisdiction of the President of the Czech Republic. Even though it is the Government of the Czech Republic that is authorised to grant a misdemeanours amnesty pursuant to Misdemeanours Code (§ 90), this authorization through general law cannot cancel or curtail the constitutional jurisdiction of the President to grant an amnesty (incl. misdemeanours amnesty). § 90 of Czech Misdemeanour Code is therefore unconstitutional (contra constitutionem). In the author´s opinion, decision on promulgation of a misdemeanours amnesty by the government will be absolutely void. In spite of that, public authorities must preserve legitimate expectations and rights of private entities, acquired in good faith.

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