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INFLUENCE OF THE EUROPEAN CASE - LAW ON THE LEGISLATION AND ASSESSMENT OF ADMINISTRATIVE OFFENCES IN THE CZECH REPUBLIC

O. Sovova, Z. Fiala

Abstract

The aim of this paper is to assess the scope of application of the relevant articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to individual types of administrative offences provided for in Czech legal regulations, or proceedings in relation to such offences, based on an analysis and comparison of the practice of the European Court of Human Rights and the decision-making and practice of Czech courts. The paper introduction focuses on the legislative development in the area of administrative penalties in the Czech territory. In this context, the current system of administrative penalties in the Czech Republic is presented, and the individual types of administrative offences are characterized. The second part of the paper is dedicated to the interpretation of the terms “criminal charges” and “punitiveness” in the light of the so called “Engel test” and, with reference to the European case-law, the relevance of the individual Engel criteria is pointed out. In the third part of the paper, the criteria are applied to the individual types of administrative offences, as distinguished by Czech legal regulations. The paper concludes that while offences committed by natural persons, legal persons and natural persons doing business, with respect to their general character, are always subordinate (subsumable) to the term “criminal charges” within the meaning of sec. 6 of the European Convention and therefore in connection with such offences, it is necessary to respect not only the attributes of the right to a fair trial, provided for in the first paragraph thereof, but also the presumption of innocence principle and the minimum rights of the accused, i.e. the second and third paragraphs of sec. 6 of the Convention. In case of other administrative offences this mostly does not apply under Czech legal regulations.

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