Aplikace cizího veřejného práva v řízeních před správními orgány
Application of Foreign Public Law by Administrative Authorities

Summary/Abstract: While the application of foreign law in the matters of civil law has been traditionally addressed by legal scholarship, the issue of application of foreign law by administrative authorities when deciding the matters of public law has remained an enigma. The reason of this divergence is crystal clear: The States have traditionally accepted application of foreign civil law in the matters of civil law, as they considered civil law existing in various jurisdictions being equal. On contrary, such equality has not been accepted in the matters of public law and the States have required application of municipal administrative law while deciding the matters of public law. However, even under this constellation, one may identify several cases, where our municipal law requires that an administrative authority applies foreign administrative law. Fact is, that these cases also imply a number of application problems arising.

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