Daně jako nástroj fungování státu
Taxes as an Instrument of State Functioning

Summary/Abstract: The chosen topic is up-to-date from the point of view of constant discussions on the tax obligations of both physical and legal persons. Taxes are passed in the form of law by the Parliament of the Czech Republic but are also subject to decision-making of the Supreme Administrative Court and the Constitutional Court. Above all, they are also a scientific and pedagogical discipline at the Faculty of Law of the Charles University. In the current political, economic and social order of the society in which there is no planned economy, taxes are becoming more important in terms of their function as one of the few instruments influencing the whole economy and the standard of living of the population. The aim of my paper is to focus in detail on Article 11 (5) of the Charter of Fundamental Rights and Freedoms, especially in the context of its historical development and the current state of the decision-making of the Supreme Administrative Court and the Constitutional Court, in general, it is possible to talk about the judges’ “completion” of tax legislation. The framework for a deeper analysis is built upon the current concept of the rule of law and the concept of tax law as a branch of law in a broad sense (it does not include only taxes, but also other similar financial considerations). The text is accompanied by a historical explanation. Last but not least, I also deal with the future of tax laws. Finally, I try to evaluate the current tax legislation contained in the constitutional order of the Czech Republic.

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