Uplatnění správního uvážení a problematika výkladu neurčitých právních pojmů v případě bezprostředních zásahů realizovaných Policií České republiky
Application of Administrative Discretion and the Issue of the Indefinite Legal Concepts Interpretation in the Case of Immediate Interventions Carried Out by the Police of Czech Republic

Summary/Abstract: Administrative discretion, or so-called „discretionary power“, as well as the interpretation and application of the so-called „vague legal concepts“, represent significant authorizations of public authorities. Although these authorizations have traditionally been associated mainly with the decision-making activity of public authorities in the issuing of individual administrative acts, they are also regularly used by members of the security forces in the context of their tasks, as it is clear that, in the case of the implementation (especially) of immediate interventions, On-site authorities to evaluate all the circumstances of the situation, and then, on the basis of the so-called „discretion“, decide to use one of several possible means available to them by the law to resolve the situation. In the present paper, I address the question of how and to what extent, in the context of direct interventions, the institute of discretion is applied.

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