Changing approach regarding the reasonableness of actions filed by the Supreme Public Prosecutor to protect public interest
2018
Abstract
According to article 66 of the Czech Code of Administrative Justice, the Supreme Public Prosecutor is entitled to bring an action against a decision of an administrative body in case the decision is contrary to an important public interest. This paper deals with the changing approach of administrative courts regarding the reasonableness of actions filed by the Supreme Public Prosecutor as well as with preconditions for an action to be successful.
The lack of important public interest on the annulment of the decision shall not lead to the inadmissibility of an action but it should be the reason for the rejection of an action as unfounded.