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

Abstract

The aim of this paper is to analyse the appropriateness of the legislative regulation of the protection of a member of an independent administrative body exercising public oversight over a certain agenda or institution 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 complicit 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 Television Council that has been subject to judicial review by the Czech administrative courts.