Jiří Kapras
Author’s affiliation: Faculty of Law, Charles University in Prague

Absence of incompatibility of the function of a member of the Parliament with the function of a member of a municipal or regional council as an obstacle to the promotion of societal interests?

Jurisprudence 4/2022 Section: Articles Page: 31-40

Keywords: conflict of interest, incompatibility, cumulation of functions

Abstract: The article deals with the issue of incompatibility of public functions in the Czech legal environment and the relation of the accumulation of functions to the principle of division of power and the ability to promote the interest of society as a whole. After a general introduction explaining the basic concepts of incompatibility, the article examines the question of whether the cumulation of public functions by Members of Parliament can bring with it some rather neglected negative manifestations today, justifying considerations of enshrining their incompatibility, and whether the assessment of this issue differs in any way depending on whether we are talking about the Chamber of Deputies, or the Senate. The author concludes that excessive cumulation of functions of a member of the Parliament of the Czech Republic and a member of a municipal or regional council may in some cases be detrimental to the promotion of societal interests, especially in the Senate, and encourages the Czech legislator to thoroughly consider tackling these cases of cumulation by setting respective functions incompatible.