Nature Conservation Legislation

Nature Conservation 1/2013 12. 5. 2013 Nature Conservation Legislation Print article in pdf

Havelková S.: Prejudiction of Civil Servants When Making Decisions Related to Municipalitys Interest

při rozhodování o zájmech obce

autorka: Svatava Havelková

Within the current State/Public Administration in the Czech Republic, territorial self-governing unit authorities make decisions as the State/Public authorities also in issues related to these entities, i.e. municipalities and regions.

Therefore, some doubts about whether the civil servants, being employed just by the same municipalities and regions, are really unprejudiced, have been raised. Administrative courts repeatedly dealt with the fact whether these persons should be ruled out from the decision-making. The doubts and objections are most often raised when the State Nature Conservancy authorities make decisions. The Supreme Administrative Court of the Czech Republic concluded that doubts on unprejudiction of civil servants from the territorial self-governing units in decision-making in issues when there is an interest of these territorial self-governing units, is not in itself, but only, if there are preconditions arousing suspicions that the decision-making of these persons is biased and influenced.