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Popular actions in Czech, German, Austrian and Portuguese Law

Publication at Faculty of Law |
2022

Abstract

Recent social and political developments show that the Czech legal system lacks certain legal institutes ensuring the protection of the legal system itself. This is because there are mass violations and illegal practices, which cannot be prevented by the current legal remedies.

In particular, there is no adequate and generally accepted definition of a public interest action, which, even if we acknowledge the Attorney General and the Ombudsman, is unparalleled in the sphere of private entities that could supplement the protection of the principle of legality by public sector actions. It is clear that the protection by an individual action protects the claimant's subjective rights and serves his private interest.

This is, however, not sufficient. Sometimes, the Czech Supreme Court speaks, and so does the Supreme Court too, about an actio popularis, a Roman law action to which, in principle, everyone was entitled.

The purpose of this book is to acquaint the reader with a lawsuit in the public interest, which is a relatively neglected issue in Czech legal theory. At the same time, the conclusions of the individual contributions should give rise to certain stimuli for both the further development of theory and, above all, for practice.