Charles Explorer logo
🇬🇧

Interpretation in favour of the individual and its limits

Publication at Faculty of Law |
2020

Abstract

Czech administrative courts (and the Constitutional Court) sometimes come to the conclusion that there is a plurality of equally convincing legal interpretations. The usual solution of an ambiguous interpretation is application of the principle in dubio pro libertate, under which it is necessary to use the interpretation providing greater freedom, i. e. more favorable to the individual concerned.

This principle can be described as a "meta-rule", because it is based on the general relation between the parties to administrative justice proceedings. The article points at similiarities of the meta-rule with the protection of legitimate expectations and also direct effect of directives, and notes that in many cases, especially in "triangular situations", awarding these interpretational benefactions is not appropriate.

Finally, it deliberates whether on the contrary, greater scope for legal interpretation should be conceded to the public administration in these cases.