Substance of the issue Vzorová ustanovení

Substance of the issue. The position of professional chambers is specific, since in the Czech theory of (administrative) law they are personal public-law corporations that have been granted the power to fulfil public tasks independently. These public corporations are established by law, they hold the authority to issue sovereign acts, and they enjoy certain independence on administrative bodies of the state although they are subject to state surveillance.12 It is obvious that such corporations take part in the administrative conduct, e.g. the regulation of performance of a particular profession. In addition, a part of the right to self-governance is also a guarantee of certain independence on the state power. This weakens their links and bonds to the state administration. Since in their conduct they are bound by state regulations, they have to apply both national and Community law13 and they can be entrusted with its implementation. Questions of interpretation and application of Community law may arise in those activities and, consequently, it is necessary to decide whether corporation bodies may refer to the ECJ questions within preliminary ruling procedure. Should we recognise the basic theoretical assumption that they are authorities that conduct primarily administrative activity, we must reject the Court of Justice jurisdiction. The Court, however, qualified this theoretical assumption in the following case. The key case is the decision C-246/80 Broekmeulen.14 This case is interesting not only for the definition of the term “court or tribunal” under Article 234 TEC. It also deals with the issues concerning the free movement of persons, recognition of qualification and reversed discrimination. Since the specific features of the case are