Interpretácia a dotváranie kompetenčných noriem v správnom práve

Abstract

The study is devoted to the possibilities of shaping the competence norms of administrative law on the background of a case study of an ongoing dispute between the authorities of the prosecutor's office and the Ministry of Transport and Construction of the Slovak Republic. Act No. 180/2013 Coll. in Section 4(3)(b) excludes the possibility for the district office in the region's seat to review and subsequently amend or annul a municipality's decision outside the appeal procedure, even if it was issued in the course of the delegated exercise of state administration. The Ministry considers this situation undesirable and seeks to correct it by a teleological interpretation of the norm or by the derogation rule lex specialis derogat legi generali. The study concludes by noting the inappropriateness of such a solution with regard to the principle of legal certainty.