Paper/Speech Details of Conference Program for the 29th NISPAcee Annual Conference Program Overview WG9: The Rule of Law & Public Administration (Physical) Author(s) Jana Janderova University of Pardubice Pardubice Czech Republic Title Transparency of administrative bodies and accountability of public officials – is there any link? - Analysis of the Czech Republic practice File Paper files are available only for conference participants, please login first. Presenter Jana Janderova Abstract Transparency is intertwined with the right to information which is necessary for the ability to properly exercise political rights, such as freedom of speech and the right to vote and be voted. Further, transparency is one of the basic principles of good governance, as it implies the public insight in the work of administrative bodies. Every natural and legal person should be enabled to inspect the work of the public administration as well as the public expenditures. Moreover, it is a fundamental element of abolishing corruption as it encourages openness, and increases concerns for secrecy and privacy. It helps to build trust in public administration and thus prevents from unpredictable results in elections favouring extremist parties. Transparency is also subtly intertwined with accountability and the duty to pay damages to those affected in their rights by misuse of power or other types of illegal acting of public administration. Act on free access to information providing for a broad right to obtain information form administrative authorities has been effective for twenty years in the Czech Republic. Stable case law of the administrative courts interpreting the exceptions when information is not provided rather restrictively is already in place. The Contracts Register Act was adopted in 2015 and publication of contracts entered into by all state and public institutions, territorial self-governing units, state enterprises, legal entities in which the state or territorial self-governing unit and other institutions defined by this Act have a majority ownership share is a necessary condition of such contract’s validity. Thus, it seems that all necessary legal instruments are in place. However, the article argues based on data from public authorities, that these laws are not sufficiently connected with the accountability of individual public officials. Although the Act on Civil Service contains provisions on disciplinary proceedings, the sanctions are not as severe and these proceedings are often not instigated. Also, the damages caused by unlawful decisions or maladministration are difficult to claim, as these are adjudicated by civil courts in a separate proceeding from administrative action. As the level of accountability divulges the democratic character of the administrative system, some recommendations upholding greater accountability are made in the conclusion.
