Journal of the Charles University Law Faculty
Petr Černý
Author’s affiliation:
Faculty of Social and Economic Studies UJEP
Abuse of Public Subjective Rights as a Phenomenon of Our Time
Jurisprudence 5/2023 Section: Articles Page: 11-17
Keywords: abuse of right, judicial protection, right to information, administrative procedure code, obstructions
Abstract: This article deals with abuse of right in public law, especially in administrative law. The principle of prohibition of abuse of rights has been present in public law for a long time. However, new application problems are emerging that have not been observed before. Prohibition of abuse of rights was initially implemented in tax law and, subsequently, also as a tool against certain obstruction practices in misdemeanour law. Recently, the largest development of this institute occurred in connection with the agenda of the right to information. Namely, some entities abuse the right to information to bully administrative bodies. This article also deals with the amendment of the Act on the Provision of Information (Act No. 106/1999 Coll.) and the amendment of the Administrative Procedure Code (Act No. 150/2002 Coll.), where the abuse of rights is revised.
