Řádná péče v evropském správním právu

The article deals with an application of the principle of due diligence accompanying the creation of a European administrative space. Administrative law as a mailer of Europeanisation seems to be deeply rooted in regional customs and beliefs to the extent that respect for individua! rights depends for their recognition and application on suitable institutions, or a similar way on the education, training, and attitudes of officials and judges. Moreover, the courts themselves in exercising their powers of judicial review of administration may create principles governing the administration which in turn are the basis of rights. The principle of legality extends beyond the immediate and direct laws governing an area of administrative activity. On the other hand, legal principles are preferred to legal rules for the reason that the aim is to promote general recognition of certain common guidelines and together leave as much freedom as possible in choosing the means for ensuring that administration will conform in substance with the principles set out. That is particularly intended for principles of official integrity (a ban on any financial or other obligation to outside individuals or organisations that might influence the performance of official duties), transparency (a duty to be as open as possible about all the administrative actions to give reasons for decisions and to restrict information only when the wider public interest clearly demands), and responsibility (a condition of accountability for decisions and actions to the public). Further problems have arisen as a result of the activity of those persons, who are responsible for judicial review of public administration. Those who boast most loudly that public administration must live under the rule of law are frequently those who are at least disposed to accept the logical corollary of that boast, especially from the position of true instigators of judicial activism. As a fundamental problem of administrative justice are therefore discussed principle of subsidiarity (administration being as closely as possible to the individuals), as well as principles of equality, proportionality and legitimate expectations. The last principles were regarded by many experts in their capacity as ius commune, i.e. in the background of similar problems and similar attempts at solutions with a firm possibility of achieving a unification of administrative law in Europe. Administrative practices as regards the use of discretionary powers can change, within the limits set by the principle of legitimate expectations. The administrative authorities must be consistent in their actions so as to respect the legitimate trust which private persons ought to be able to place in them. The administrative agents must act with all due diligence in performing their duty to provide the information necessary to the defence of the individual partiesi interests. Due procedure – whose principles and rules have been repeated in case-law as well as in soft-law – is the basis for assessment as to whether an administrative body has acted with due care. Where the body is criticised for incorrect procedure the criticism is usually directed against a lack of due diligence often understood as a counterbalance of administrative discretion.