Úvahy o nestrannosti úředního rozhodování
Author advocates the idea that impartiality is a general legal principle of any decision making process - not only the judicial but also the administrative. He examines the diference between impartiality, meaning the (lack of) relation to the case, and independence, meaning the system o guarantees t...
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| Format: | Article |
| Language: | ces |
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Masaryk University, Brno
2016-01-01
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| Series: | Časopis pro Právní Vědu a Praxi |
| Online Access: | https://journals.muni.cz/cpvp/article/view/5272 |
| Summary: | Author advocates the idea that impartiality is a general legal principle of any decision making process - not only the judicial but also the administrative. He examines the diference between impartiality, meaning the (lack of) relation to the case, and independence, meaning the system o guarantees that the deciding person would not be influenced by anyone else. He points out that although officers should be impartial they are not provided with independence, therefore the application of judicature concerned with the impartiality of judges on officers is limited. Author then introduces his division of reasons for bias to internal (person’s own relation to the case or to the parties) and external (other person interested in the result of the case influences the deciding person). It is important to make difference between reasons for bias and signs of it. In the last part author deals with parties’ abuse of objections concerning partiality of the deciding officer for obstructions in the administrative process and its possible solutions. |
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| ISSN: | 1210-9126 1805-2789 |