Martin Kopecký
Author’s affiliation: Faculty of Law, University of West Bohemia, Plzeň

The legal nature of the complaint of minor imperfection to subjects of disciplinary responsibility

Jurisprudence 3/2016 Section: Articles Page: 11-19

Keywords: subjects of disciplinary proceedings, Code of Administrative Procedure, disciplinary punishment, ne bis in idem

Abstract: Authorities supervising persons who are subjects of disciplinary responsibility (i.e. judges, prosecutors, proving executors, notaries and civil servants) are entitled to lodge a disciplinary action against these subjects and initiate disciplinary proceedings with them. Disciplinary proceedings may end up with disciplinary punishment, e.g. reprimand, monetary sanction or dismissal from office. Cases of minor imperfection within the activities of the inspected persons may also be settled by competent authorities informally by so called complaints of minor imperfection even without initiating disciplinary proceedings. With respect to the basic rules of fair-trial rights and judicial control of the state administration, the adjudication inclines to the opinion, that not only the informal complaint of minor imperfection constitutes a “ne bis in idem” obstacle for the initiation of formal disciplinary proceedings, but this complaint can also be subject to judicial review as a potentially unlawful administrative decision. This article discusses the legal nature of the complaints of minor imperfection and judicial protection of persons who have been imposed by this complaint.