Prieskum rozhodnutí orgánov právnickej osoby súkromného práva v správnom súdnictve.
Examination of decisions of the bodies of a legal entity of private law in administrative justice.
Doc. JUDr. Kristián Csach, PhD., LL.M., Faculty of Law of the Trnava University in Trnava
Právny obzor, 105, 2022, No. 1, pp. 19 – 33.
Published online: 21.2.2022
Abstract. The Slovak legal system allows for legal entities of private law and their bodies to decide as public administrative bodies. The question whether a decision sanctioning a member of a private law legal entity (civic associations, trade unions, hunting organizations, fishermen’s associations, sports organizations but also companies) is a private law or public law decision is still unresolved. The author describes the legislative development of the judicial review of decisions of private law legal entities. The author sums up the development of the case law of the panel deciding on judicial competence, which limited the competence of the administrative judiciary in the examination of such decisions. The author criticizes the possibility of exercising public power by private entities and explains why the criteria chosen by the recent decision of the panel on judicial competence (R 16/2021) are not appropriate to determine whether the decision of a body of a legal person against its members is an administrative body. It is argued that these criteria are deviating from the legislative text, according to which the decision of a legal person is a decision of public administration only in exceptional cases and under clearly defined conditions.
Keywords: judicial review of decision of civic association, execution of public law by private entities, private law legal persons, administrative judicial review
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