The purpose of the present article is to analyze constitutional controversies in decision-making processes of administrative judiciary in the Czech Republic. First, I discuss the judgment issued on 27 June 2001, file reference Pl. ÚS 16/99.
In this judgment the Constitutional Court of the Czech Republic annulled the hitherto legal basis for the administrative judiciary because there appeared four areas of violation of the Constitution: the absence of legal basis of the Supreme Administrative Court of the Czech Republic, the failure to provide protection from every and any possible act of administrative bodies, the absence of power to review administrative decisions in all factual and legal matters, and the limitation in participation in judicial review. Then I examine all subsequent constitutional judgments in which the Constitutional Court of the Czech Republic annulled the decisions of supreme administrative courts.
I excluded judgments lacking overlap to the principles of administrative judiciary and I assigned the rest of the judgments to one of the four above mentioned areas of violations to the Constitution. Judgments concerned with other areas are analyzed in a separate subcategory.
On basis of the analysis of the constitutional development in these particular categories I attempt to infer which areas of problems have been surmounted by administrative courts and in which we may expect future constitutional problems.