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Title in English Reflections on the impartiality of administrative decision making
Authors

ČERNÍN Karel

Year of publication 2015
Type Article in Periodical
Magazine / Source Časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

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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