The right to an impartial objective administrative authority - yes or not?

Abstract

The paper deals with the relation between fundamental right to an impartial (or objective) administrative authority within the meaning of article 36 of the Czech Charter of Fundamental Rights and Freedoms on one hand and the legal framework of this right in the Czech Code of Administrative Procedure on the other hand. Taking into account the recent case law of the Czech Supreme Administrative Court and Constitutional Court it analyses especially issues of the systematic bias of municipal and regional authorities and ministeries (ministers).

And it thinks about the possible solutions of the systematic bias in the Czech republic.

Keywords

• administrative proceeding
• administrative authority
• bias
• impartial authority