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

Institute of asset declarations as a measure to prevent conflicts of interest in the context of the decision-making of the Constitutional Court

Jurisprudence 2/2023 Page: 23-32

Keywords: Conflict of interest; public officials; declaration of assets

Abstract: The article focuses on the constitutional context of the issue of declaration of assets of public officials, especially on the decision of the Constitutional Court Pl. ÚS 38/17, cancelling a part of the Act on Conflict of Interests. The article draws attention to certain pitfalls associated with the lack of restraint on the part of the Constitutional Court, which resulted in asset declarations not being accessible to the public for more than one and a half year, and which made it impossible for the Czech legislator to stipulate that at least some data of top state representatives be available to the public without restrictions, as is the case in some other European countries. The article also draws attention to the delayed issue of making asset declarations available under the Freedom of Information Act and relates it to the case law of the Constitutional Court on the issue of public administration salary disclosure. At the end of the article, the author urges the Constitutional Court to greater restraint in matters that represent voluntary self-restraint by the bearer of public power in the interest of greater transparency in its exercise.

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