The state and some specific cases of action for fundamental rights and freedoms

Vol.20,No.1(2012)

Abstract
This article deals with the effect of fundamental rights and freedoms on the relationships regulated by private law, which acts as one of the participants the state. These cases can be considered as special cases of third party effect. State in these cases may arise from the fundamental rights privileges and obligations. The author first deals with cases where the state acts as a fundamental rights holder. The second case is analyzed on the contrary position of the state in these relations as the addressee of fundamental rights. Both cases in the conclusion the author also assesses in terms of procedural law, particularly given the possibility of filing a constitutional complaint.

Pages:
21–25
Author biography

Marek Ivičič

Department of Constitutional Law and Political Science, Faculty of Law, Masaryk University, Brno

advokát, doktorand
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