Úvahy o nestrannosti úředního rozhodování
Title in English | Reflections on the impartiality of administrative decision making |
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Authors | |
Year of publication | 2015 |
Type | Article in Periodical |
Magazine / Source | Časopis pro právní vědu a praxi |
MU Faculty or unit | |
Citation | |
Web | Open access časopisu |
Field | Law sciences |
Keywords | impartiality;independence;administrative process;administration |
Attached files | |
Description | 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 points out that althoug officers should be impartial they are not provided with independence, therefore the application of judicautre concerned with the impartiality of judges on officers is limited. Author then introduces division of reasons for bias to internal (person’s own realtion 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 delas with parties’ abuse of objections concerning partiality od deciding officer for obstructions in the administrative process and its possible solutions. |
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