SYSTEMIC BIAS OF OFFICIALS
| Authors | |
|---|---|
| Year of publication | 2016 |
| Type | Article in Proceedings |
| Conference | CER Comparative European Research 2016 Proceedings | Research Track of the 5th Biannual CER Comparative European Research Conference. |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Field | Law sciences |
| Keywords | local governments, officials, systemic bias, risk of bias, employment relationship |
| Description | The basic assumptions of legislation regulating bias or systemic bias in administrative proceedings, relevant judicial decisions as well as opinions of the professional public, all form a platform by which the author approaches this analysis of one of the phenomena of our time – systemic bias. With regard to sufficient material covering this issue (either the numerous judicial decisions or opinions of the professional public), one may conclude that this concerns a highly relevant and widely discussed question on which no unified opinion exists in the applied and scientific theory legal world. In reflecting upon the attained findings, the author arrives at the opinion on systemic bias as a defined type of bias in general, determined by a society-wide trend to name occurring phenomena, to distinguish them and analyze them. It comes inherently from the established mixed model of public administration. However it does not exist a priori, but only ad hoc in specific cases. Visibility and clarity of systemic bias are not simple nor can they be, however, in light of the potential of danger of bias. Established legislation or its interpretive case law does not facilitate the functioning and decision-making activity of officials today. Nevertheless, more attention should focus rather on the means of exercising an objection to this bias, and on the time and formal structure of the relating procedure. |
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