Obligation to prevent conflicts of interest and the prohibition of prioritizing personal interests as a legal norm or an ethical imperative?
Abstract
The article deals with the issue of enforceability of the initial obligations of the Conflict of Interest Act - the obligation to prevent conflicts of interest and the prohibition of prioritizing personal interest - as imperfect legal norms. After a brief explanation of the legal regulation of conflicts of interest in the Czech Republic and the ethical rules applicable to public officials under the Conflict of Interest Act, the article focuses on comparing imperfect legal norms and ethical rules in terms of their binding and enforceable conditions.
The author of the article concludes that the enforceability of the initial obligations of the Conflict of Interest Act does not have to be based solely on the threat of sanction in the sense of sanction for misdemeanor or criminal offense or in the sense of diminishing of legal effects of private law but also on the willingness of the actors concerned to take into account conflicts of interest when appointing public officials to their positions. Such effect of the Conflict of Interest Act fully corresponds to its purpose, which is, among other things, to build public confidence in the proper exercise of public power.