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Liability of the Holder of a Public Office in an Independent Body for Unlawful Decisions, Using the Example of the Czech Television Council

Publication at Faculty of Law |
2023

Abstract

The aim of this paper is to analyse the appropriateness of the legislative regulation of the protection of a member of an independent ad- ministrative body exercising public oversight over a certain agenda or in- stitution in the event that it makes an illegal or factually incorrect decision, in terms of the practical problems that this regulation raises. Put simply, it is a question of who is watching the watchdog.

If the gatekeeper is complic- it in an illegal decision or maladministration, who will drive him or her to seek justice? And is the protection of the holder of a public office sufficient? The research will be conducted on an illegal decision of the Czech Televi- sion Council that has been subject to judicial review by the Czech adminis- trative courts.