Analýza judikatury Nejvyššího správního soudu týkající se požadavků na odůvodnění opatření podle tzv. pandemického zákona

The article reflects the requirements for the justification of extraordinary measures adopted pursuant to Act No. 94/2021 Sb. (the so-called Pandemic Act), which result from the case law of the Supreme Administrative Court of the Czech Republic. In addition to the requirements for the justification of extraordinary measures, a detailed analysis of all decisions of the Supreme Administrative Court concerning the relevant topic identifies the most important specific errors in the justification of extraordinary measures, as well as the limits of the justification of extraordinary measures, i.e. exceptions to the obligation to justify a specific legal regulation. The identified requirements and limits of the justification of extraordinary measures point to a balanced approach of the Supreme Administrative Court, which does not intend to substitute its decisions for the expert decisions of the primary decision-maker in emergency situations, but at the same time does not give up its role as a body reviewing general measures, even in a situation of uncertainty and changing conditions that accompanied the COVID-19 pandemic. On the basis of the requirements, limitations and specific errors identified in the justification of extraordinary measures adopted under the Pandemic Act, the article draws more general conclusions concerning the justification of acts of a public authority adopted during states of emergency, even outside the legislative framework of the Pandemic Act.