Reservation of the statutory legislation for the establishment of the administrative authority and the determination of its competence
Abstract
The paper is focused on the impact of Article 79 (1) of the Constitution of the Czech Republic. The definition of the breadth of the concepts of administrative office and competence is given.
Further, the constitutional requirement is addressed in the context of the internal deconcentration of the direct administrative bodies of the state. The possible consequences in relation to the indirect exercise of state administration through municipal and regional authorities are considered.
The paper further defines the interrelation and significance of the regulation of the establishment of administrative authorities by law on the one hand and the definition of the competence of institutions in the field of public administration by law on the other hand. The paper draws the following conclusions.
The notion of administrative office used in Article 79 of the Constitution is broader than in the contemporary terminology of the theory of administrative law, which is intensively devoted to this notion, so that a generalization of its conclusions can be observed. The concept of competence used in Article 79 of the Constitution is broader than in the terminology of the theory of administrative law, which clearly distinguishes between the legal means and competence.
The requirement for the establishment of an administrative office by law and the establishment of competence by law are not two entirely separate requirements, but mutually conditional components of the same thing, the more significant component being the requirement for the definition of competence. In the legal regulation of the organization of public administration, certain constructions, which slightly weaken the aforementioned constitutional requirement, have to be tolerated.