Responsibility for Regulatory Measures of Executive Power during the COVID-19 Pandemic in the Czech Republic

Kód výsledku v IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F22%3A00126781" target="_blank" >RIV/00216224:14220/22:00126781 - isvavai.cz</a>

Výsledek na webu

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DOI - Digital Object Identifier

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Jazyk výsledku

angličtina

Název v původním jazyce

Responsibility for Regulatory Measures of Executive Power during the COVID-19 Pandemic in the Czech Republic

Popis výsledku v původním jazyce

The reaction of the Czech Republic to the emergency situation caused by the COVID-19 pandemic could be considered as unsatisfactory. The contribution analyses specifically the question of responsibility for reaction of the legislator, the executive and the judiciary. In particular, the authors come to the following conclusion that the legislator can be held responsible as it failed to prepare a sufficient legal framework within a reasonable time (as it was adopted significantly later in 2021 with the so-called Pandemic Act). There is also a clear responsibility on the part of the public administration which, in the first half of its legal response (year 2020), de facto benefited from an inadequate system of judicial review of its various regulatory measures. However, the approach of the courts, which in some cases has been passive or, on the contrary, too active, can also be considered problematic in some respects. The shortcomings of the Czech response therefore appear to be largely systemic in nature.

Název v anglickém jazyce

Responsibility for Regulatory Measures of Executive Power during the COVID-19 Pandemic in the Czech Republic

Popis výsledku anglicky

The reaction of the Czech Republic to the emergency situation caused by the COVID-19 pandemic could be considered as unsatisfactory. The contribution analyses specifically the question of responsibility for reaction of the legislator, the executive and the judiciary. In particular, the authors come to the following conclusion that the legislator can be held responsible as it failed to prepare a sufficient legal framework within a reasonable time (as it was adopted significantly later in 2021 with the so-called Pandemic Act). There is also a clear responsibility on the part of the public administration which, in the first half of its legal response (year 2020), de facto benefited from an inadequate system of judicial review of its various regulatory measures. However, the approach of the courts, which in some cases has been passive or, on the contrary, too active, can also be considered problematic in some respects. The shortcomings of the Czech response therefore appear to be largely systemic in nature.

Druh

O - Ostatní výsledky

CEP obor

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OECD FORD obor

50501 - Law

Projekt

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Návaznosti

S - Specificky vyzkum na vysokych skolach

Rok uplatnění

2022

Kód důvěrnosti údajů

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů