The course is only offered to the students of the study fields the course is directly associated with.
To develop and to deepen knowledge and skills of substantial areas, matters and issues of Administrative Law and Public Administration in the modern European legal state, with the view to follow up with the content of the course Administrative Law I, respectively with the application of relevant judicature.
This module will enable students to:
• Understand principle pillars of European Administrative Area and their influence on Public Administration of the member state.
• Assess critically the influence of Good Governance Principles in administrative practice and to simplify their application in legal argumentation and in administrative bodies´ day-to-day activity.
• Reflection of the importance of Public Administration’s Ethics and understanding of the system of the anti-corruption measures.
• Understanding of the functioning of municipal and regional administration and also understanding of supervision over the local administration.
• Analytic view on the normative powers of administrative bodies, on necessary part of legislative technique and on the supervision over the legislative activity of Public Administration.
• Develop knowledge of Public Administration’s discretionary powers, about their use, limits and criteria.
• Understanding of specific application of transparency principles and confidentiality principles (privacy protection) in Public Administration’s activities.
• Analytic view on the area of supervision exercised within the state supervision.
• Understanding of enforcement of Liability in Public Administration in specific legal regulations and in their interaction, including liability for damage and for immaterial damage.
After completion of the module the students should be able to:
a) Understand intention of modern Public Administration and the concept of Public Administration as a public service.
b) Interpret and give reasons for Good Governance Principles and their effects in Public Administration’s practice, including legal and ethical point of view. Also identify the role of the ombudsman in this area.
c) Understand functioning of the system of local government, including its competency and interrelationships.
d) Understand fundaments, extent and limits of Administrative bodies´ normative powers and supervision mechanisms over these normative powers.
e) Critically understand fundaments, expressions, limits and criteria of Public Administration’s discretionary powers.
f) Analyze the implementation of guarantees and expressions of transparency and confidentiality in Public Administration's Activity.
g) Understand fundaments, legal regulation and implementation of liability in Public Administration, including its particular forms and their legal regulation.
h) Identify and analyze solutions and arguments in a systematic and coherent way that demonstrates an understanding of the complexities of Administrative Law and Public Administration
i) Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a way that is structured and coherent.
• European Administrative Area. Pillars of the European Administrative Area.
• Principles of Good Governance. Term, content and importance for Public Administration.
• Role of the ombudsman’s institution (Public Defender of Rights)
• Ethics of Public Administration and ethic infrastructure. Struggle against the corruption in Public Administration.
• Specifics of local self-government. Legal status of municipalities and districts.
• Normative (legislative) power of Public Administration
• Supervision of legal regulations issued by Public Administration
• Internal legal regulations in Public Administration and their task
• Discretionary powers of Public Administration. Limits and criteria of discretionary powers.
• Principle of Public Administration’s transparency. Right to information in Public Administration. Legal regulation of interference of interests in Public Administration.
• Protection of privacy in Public Administration’s activities. Personal data protection.
• Legal regulation of supervision in Public Administration
• System and legal regulation of state supervision
• Liability in Public Administration. System and legal regulation.
• Liability of subjects executing Public Administration
• Public Administration’s Liability for damage and immaterial damage caused by unlawful decision or by incorrect official procedure
• Liability for breach of obligations stipulated to Public Administration’s recipients and enforced by Administrative Bodies
• Judicial review of Public Administration’s discretionary powers
KADEČKA, Stanislav and Petr PRŮCHA. Správní právo - obecná část : multimediální učební text (Administrative Law - General Section : multimedia coursebook). 2., nezměn. vyd. Brno: Masarykova univerzita, 2008. 74 s. ISBN 978-80-210-4588-0. info
SKULOVÁ, Soňa. Správní uvážení :základní charakteristika a souvislosti pojmu. Vyd. 1. Brno: Masarykova univerzita, 2003. 241 s. ISBN 80-210-3237-5. info
KADEČKA, Stanislav. Právo obcí a krajů v České republice. Vyd. 1. Praha: C.H. Beck, 2003. xvii, 408. ISBN 80-7179-794-4. info
Range of Modes of Contacts:
Lectures, use of commented presentations, group discussions, group seminar activities, brainstorming, case studies.
Range of Other Learning Methods:
Independent learning, self-study, elaboration of the written assignment, individual consultations.
Type and Weighting of Assessment Elements:
100 % written assignment
Further information on assessment
Active participation in module seminars includes the debate concerning individual topics, which is highly appreciated, the knowledge of case studies, written assignments.
Expected Form of Feedback:
Formative and summative feedback will be provided to each student individually. Written comments with individual coursework assignments. Oral feedback upon request.