The thesis deals with the abuse of discretion in administrative decision-making. The discretion is given to the administrative authority to be able to choose, from among the offered decision options, the one that is the most appropriate in pursuit of the purpose and scope of the discretion as defined by the law, if the factual situation is correctly established. The problem arises when the authority abuses the discretion given. That is, it deliberately fails to pursue the purpose of the discretion as set out in the law.
The purpose of the thesis is thus to explain how it can be established that there has been an abuse of discretion. To give the most common reasons why abuse occurs and to identify how administrative authorities behave towards abuse. The descriptive method is used in the thesis. In addition, a review of the case-law of selected judgments of the Administrative Court and the Supreme Court dealing with the institution of discretionary power is made.
The research has shown that the key to establishing abuse is the reasoning of the administrative decision, which, according to the analysis of the judgments, is often poorly drafted. The Court uses the reasoning to determine whether the administrative authority has abused its discretion. The statement of reasons must, inter alia, set out the reasons for the decision and the purpose and scope of the exercise of discretion. The reasons for the abuse of discretion are difficult to determine, since they are of a highly subjective nature and arise from the personal viewpoint of the individual decision-maker. Thus, the whole thesis may be useful in particular for officials conducting administrative enquiries.
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