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Relationship Between the Act on Service Relationship of Members of Security Forces and the Code of Administrative Procedure

doc. JUDr. PhDr. Zdeněk Fiala, Ph.D., Mgr. Kristýna Mlezivová, Police Academy of the Czech Republic in Prague, Faculty of Security Management, Department of Administrative Law and Administrative Sciences

This paper deals with relationship between the Act on Service Relationship of Members of Security Forces and the Code of Administrative Procedure. Opinions on the subsidiary application of the Code of Administrative Procedure in the proceedings in matters of employment of members of the security forces have undergone extensive development where jurisprudence has played an important role. The statement that the Code of Administrative Procedure will be applied in subsidiary terms to proceedings in service matters has raised further questions of scope of its application, in particular, to those provisions of the Code of Administrative Procedure which are not regulated by the Act on Service Relationship of Members of Security Forces at all or are regulated only partially and not as comprehensively as in the Code of Administrative Procedure.

Key words: Code of Administrative Procedure, members of security forces, service relationship, proceedings in service matters, subsidiarity.


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