Legislative practice in the use of the terms "public authority", "public administration" and "competence" in public regulations

2, Article 97(3), Article 98(2) and Article 104(1) and (3)) and the Charter of Fundamental Rights and Freedoms (Article 2(2)), with Act No. 500/2004 Coll. being the key legislation, Administrative Procedure Code, as amended.

On the separation of powers - formal and material separation of powers

For example:

Conclusion

The term "jurisdiction" is used synonymously with "public power" in public legislation.

Public power is not only part of public administration (where the term "public administration" is superior to the term "public power," and where public power is therefore a subset of public administration), but is also part of the legislative and judicial powers (and where, by the nature of things, public power already transcends public administration). Thus, if there is a notion of 'public administration power', then in the tripartition of powers, it is necessary - albeit theoretically - to work also with the combination of 'legislative power' and 'judicial power', i.e. with that part of public power which is exercised outside the executive power or public administration. As can be seen, the concepts of 'public power' and 'public administration' are partly subsets of each other, but partly overlapping, and it cannot be said that either concept is broader in relation to the other.

The public administration is divided into the public administration of the superiors (i.e. the exercise of public authority) and the non-executive, while only the superiors are subject to the reservation of the law (Article 2(2) of the Constitution of the Czech Republic, Article 2(2) of the Charter of Fundamental Rights and Freedoms). Subjects of public administration may also exercise non-sovereign public administration, i.e. public administration exercised under private law, in which case, in accordance with the Constitution of the Czech Republic, it is not a competence, i.e. public authority. In view of the principle of uniformity of terminology in the legal order, the term 'competence' cannot be given a meaning other than that derived from its use in the constitutional order, at least in public regulations (unless those regulations contain their own definition). At the same time, that principle precludes the same term from having more than one meaning in the same piece of legislation.

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