Employer's Constitutional Protection against Retroactive Measures Aimed to Prolong Their Administrative Liability by Increasing Time Limitation
Abstract
In 2017, the Act on Administrative Liability prolonged a period within which administrative agencies must to bring a claim against a defendant. Said Act was so called Ex post facto law, i.e., a law that retroactively changes the rules of procedure in force at the time an alleged administrative tort was committed in a way substantially disadvantageous to the accused.
The Act was challenged in the Constitutional Court of the Czech Republic and the court quashed the respective disputed paragraph of the Act. The retroactively prolonged timeframe violated a policy-based reason that a defendant should not have the threat of being sued for longer period of time than set forth in the law applicable at time, when the tort was committed.
The competent state agency should have an incentive to bring claims as soon as possible.