Publication details

K problematice podjatosti členů rozkladové komise

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Title in English The issue of bias of the members of the Appellate Committee


Year of publication 2013
Type Article in Periodical
Magazine / Source Právní rozhledy
MU Faculty or unit

Faculty of Law

Field Law sciences
Keywords Bias Administrative Proceedings Decomposition The Principle of Legality
Description Text is primarily devoted to the issue of bias of the members of the Appellate Committee. Decomposition is regular (not special) appeal, which is used in a first instance decision issued by the central administrative authority, the Minister, State Secretary or the head of another central administrative office. The author concludes that the last sentence of § 152 paragraph 3 and § 14 paragraph 1 of the Administrative Procedure that the members of the Appellate Committee shall be regarded as official. And, therefore, be entirely legally argue their bias resulting in their exclusion from the proceedings and decide the case within the disintegrating process. Cited opportunity to argue bias is also fully in line with the principle of material (objective) truth and the principle of legality.
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