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The subject is related to the subject Foundations of Public Law I. The subject is taught in the judicial system, which is entrusted with the protection of public subjective rights (administrative justice). Administrative justice is taught in this subject as a mechanism for the protection of individual rights, which is a phenomenon common to various European legal traditions. The introduction defines basic terms in the field of judicial protection, such as the right to effective judicial protection, the principle of legality, and the principle of ne bid in idem. Attention is paid to the different dimensions of judicial protection (different models of administrative justice - French, English and German; the importance of the Council of Europe for administrative justice) and, following on from this, to administrative justice within the EU. Students will gain knowledge of the ways in which public subjective rights are protected, the different models of administrative justice in Europe and the mechanisms of administrative justice within the European Union. The lectures also focus on selected case law of the ECtHR in the field of administrative justice. The course also focuses on the current challenges that artificial intelligence implies for the protection of rights through administrative justice. The course also includes a lecture on considerations of administrative justice reform in selected jurisdictions.
Poslední úprava: Gloser Marek, Ing. (02.09.2026)
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The written exam consists of two parts. The first consists of five theoretical questions on the information the student has learned in lectures. The second part is based on the solution of a practical example, which the student must solve with the help of a rule given to him/her. For the examination, a specific legal regulation from the prescribed ones that will be made available to the students can be used, but other materials cannot be used. Poslední úprava: Šicnerová Barbora, Mgr. (08.04.2025)
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The course covers primarily the following topics: 1) Concept, characteristics and development of administrative justice in Europe 2) The right to effective judicial protection - content and meaning in public law 3) Models of administrative justice I - France 4) Models of administrative justice II - United Kingdom 5) Models of Administrative Justice III - Germany 6) Council of Europe and Administrative Justice I. 7) Council of Europe and Administrative Justice II - ECtHR case law 8) Administrative Justice of the European Union I. 9) Administrative Justice of the European Union II. 10) Administrative Justice of the European Union III. 11) The challenges of new technologies for administrative justice 12) Administrative justice reforms
Poslední úprava: Gloser Marek, Ing. (02.09.2026)
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Basic literature: Erin F. Delaney, Rosalind Dixon, Comparative Judicial Review, London: Edward Elgar, 2018, ISBN 978178811059 4 Basic legislation (always in wording in force and effect as on the date of examination): Charter of Fundamental Rights of the European Union Poslední úprava: Gloser Marek, Ing. (02.09.2026)
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1) The student explains the concept, functions, and development of administrative justice in Europe using a comparative approach. 2) The student describes the right to effective judicial protection and its significance in public law using relevant legal sources. 3) The student explains the fundamental principles of judicial protection, especially the principle of legality and ne bis in idem, and their application in practice. 4) The student compares the main models of administrative justice in Europe (France, UK, and Germany) based on their structural and functional features. 5) The student analyses the role of the Council of Europe in protecting public subjective rights in the field of administrative justice. 6) The student interprets case law of the European Court of Human Rights relevant to administrative justice and the protection of individual rights. 7) The student explains the mechanisms of administrative justice within the European Union and their role in protecting public subjective rights. 8) The student analyses the relationship between national systems of administrative justice and EU law in concrete situations. 9) The student applies basic principles of administrative justice to solve model cases concerning the protection of individual rights. 10) The student assesses available judicial remedies in public law and their effectiveness in specific cases. 11) The student constructs arguments in the field of administrative justice using appropriate legal terminology and structured reasoning. 12) The student critically evaluates the impact of new technologies, especially artificial intelligence, on administrative justice and the protection of individual rights. 13) The student analyses current challenges and reform trends in administrative justice across European states. 14) The student reflects on the importance of judicial protection for the functioning of a democratic rule-of-law state. 15) The student demonstrates a responsible and ethically aware approach to the protection of individual rights within administrative justice. Poslední úprava: Gloser Marek, Ing. (02.09.2026)
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