NORDSCI Conference proceedings 2019, Book 2

Law

THE CHARACTER OF THE SERVICE RELATIONSHIP OF MEMBERS OF THE SECURITY FORCES OF THE CZECH REPUBLIC IN LIGHT OF JUDICIAL CASE LAW AND RELATED CURRENT ISSUES

Assoc. Prof. Dr. Zdenek Fiala, Ph. D., Assoc. Prof. Dr. Olga Sovova, Ph. D.

ABSTRACT

The paper provides an insight into the issue of the legal regulation of the service of members of the security forces. Within the content of the historical legislation of the service of security forces through the theoretical background and basic elements of Act 361/2003 Coll., the author analyses in more detail the current practical issues existing in the application practice. A comprehensive explanation specifically concerns the relation between Act 361/2003 Coll., and Act 500/2004 Coll. Considerable attention is also paid to the issue of compensation for damage caused by an unlawful decision or maladministration. These questions are analyzed with an accent on the public character of the Act on the Service Relationship of members of the security forces and the principle of the subsidiarity of the Administrative Code. The argumentation is based on the case law of the Constitutional Court and the Supreme Administrative Court. The benefit of this paper is the elaboration of a topic that has been missed in the current professional literature so far, as well as the potentiality of raising a discussion on the future direction of the interpretations of the individual aspects of the service relationship.

KEYWORDS

security forces, case-law, administrative law, public service; liability for damage; administrative proceedings

REFERENCE

NORDSCI Conference Proceedings 2019, Book 2, Conference Proceedings, ISSN 2603-4107, ISBN 978-619-7495-06-5, THE CHARACTER OF THE SERVICE RELATIONSHIP OF MEMBERS OF THE SECURITY FORCES OF THE CZECH REPUBLIC IN LIGHT OF JUDICIAL CASE LAW AND RELATED CURRENT ISSUES, 281-288 pp, DOI paper 10.32008/nordsci2019/b2/v2/33