Svoboda projevu ve správním právu

Administrative law of modem countries penetrates, in a certain way, into all areas of life. At the same time it reflects (sometimes clearly and, on the contrary, sometimes blearly) the attitude of state towards population. Autocratic state is usually governed by a certain ideology and it is extremely intolerant to those who are considered by the state as those having different opinion or who even express the different point of view. This intolerance is applied by both various grade of discrimination of people of distinct opinion while using legal institutions and state apparatus (with the objective to force these individuals not to show their differing point of view) and by various type of support of “illegal” demonstration of intolerance against such opponents from the party of loyal pan of society. One does not have to go as far as to the time of nazi domination with its racism and intolerance which was addressed to any democratic thoughts. We can also bring back forty years of regime before the November revolution, which was enforcing tenets of the only leading political group (i.e. the communist party) and the only state outlook regarding the world (i.e. Marx-Leninist). This was happening first factually and later on based on literary constitutional provisions, using both direct and indirect methods of compulsion. This also had to be necessarily reflected in administrative law’s regulations and, in particular, in its application. The intolerance had extensive coverage because state administration organs had available the option of extensive free thinking. Proclamation of loyalty with stipulated tenets was, in fact, qualification for exercising the state administration that actually involved the entire economy: soldiers and the Corps of National Security members were obligated to affirm their loyalty to communist party and the state world outlook through oath; teachers had to do the same by engagement. Everyone was a subject to screening policy which was formed, monitored and partially also performed by organs of communistic party. Individuals, who were not loyal to the regime, did not have the right of association and congregation; the proclaimed content with the state world outlook was a qualification for being accepted to a high school or university; the lack of such content could be a reason for being prohibited from traveling abroad etc. The political development after the November 1989 have, on the level of constitution, resulted in the Chart of the fundamental rights and freedoms. In the Czech Republic, this document currently requires the republic to be based on democratic values and not to be bound to exclusive ideology or to religious belief (Art. 2, par. 1). Any discrimination either on a field of fundamental rights and freedoms or on a field of enforcing the law is prohibited. New regulations of the administrative law have been mostly based on these principles and the older ones should be in this sense interpreted and applied. This certainly does not mean, that all the problems of administrative law have already been solved, however, it appears that a core of this matter have been transferred in to the area of enforcing the law, i.e. to the field of administrative practice which should be in this sense streamlined systematically. The right of accessibility to information which are available to state organs or, as the case may be, to the organs of public administration, is a very important problem. In accordance with the Chan of the fundamental rights and freedoms, it is assumed that adequate way of providing information on the state organs performance and the activity of territorial administration organs is stipulated by a general law (Art. 17, para. 5). Such law, however, have not been adopted yet, even though it is obvious that a suitable level of coverage with information is qualification for understanding and thus for mutual tolerance. This matter have again arose as a consequence of discussion regarding the proposal of new law on media. Based on a governmental decision, a provision which assigned journalist with certain privileges related to approach to information in the extent, which corresponds approximately to the scope provided by current law on media, which was issued in 1966. General modification of the right regarding the accessibility to information is necessary. Both the modifications which have been carried out in other countries and the document adopted by the organs of the European Council may serve as useful mean of inspiration or as a model. Reformation in the future will have to involve the current regulations on state, economic and service secrecy, which are in substance the product of the former regime and therefore they contain elements that are characteristic for an authoritative state.