Ochrana veřejného zájmu v řízení o žalobě proti rozhodnutí správního orgánu – Vičarová Hefnerová Hana (2018)

The public interest is one of the key concepts of administrative law. The content of this vague legal term is filled in each specific proceeding. The publication focuses on the protection of the public interest in administrative judiciary, specifically in the proceedings concerning complaints against decisions of administrative authorities. The public interest appears in this proceeding in two areas: in the legal regulation of active standing in the public interest and the suspensive effect of administrative complaints. The interpretation is set in a historical context and the legal framework of complaints against decisions of administrative authorities in both national and international law. The author notes the specification and fulfillment of the term public interest both in the theory of administrative law and in the case law of the Supreme Administrative Court, the Constitutional Court, and the European Court of Human Rights. The author further discusses whether the protection of objective law is, according to the administrative code, a public interest or not, whether the contents of the vague legal terms significant public interest and important public interest differ from each other, whether in the case of judicial review of vague legal terms by administrative courts, the so-called limited judicial review is preferred, and whether in the case of that judicial review of vague legal terms there is interference...