Nepriklausomos administravimo institucijos (Nezávislé Správní Orgány) Čekijos Respublikoje

Abstract

This article deals with the system of independent administrative authorities, their functions, and their relation with the central governmental bodies, President, and Prime Minister in Czech Republic. There are several reasons why it is worth dedicating our interest to Czech independent administrative authorities. Firstly, last two decades have witnessed a big boost of regulatory agencies in various Western European countries, the EU, also in Central and Eastern Europe. This kind of agencies is called differently in different countries. For example, in the U.S. they are called independent regulatory agencies, in the U.K. – quangos, in France - les autorités administratives indépendantes, in Germany – Ministerialfreie Verwaltung, in Czech Republic – Nezávislé správní orgány, in Lithuania – Seimo sudarytos bei jam tiesiogiai atskaitingos institucijos, arba institucijos, atskaitingos ir atsakingos Seimui arba Respublikos Prezidentui, etc. Sometimes Western scholars define these agencies as ―third way‖ entities as they are mediators between three governmental branches and citizens. Secondly, those kind of public bodies are established because of several reasons. Delegating a function to regulate one or another kind of market to a separate body can help reduce the abundance of work of legislative power, judicial power, and multifunctional government. Moreover, these agencies are narrow profile entities which are enforced to make their decisions strongly motivated by the expert‘s scientific view. Those agencies must be separated from the political arena and private interests of private markets‘ actors. Thirdly, Czech Republic is one of the most economically developed countries after communists regime collapsed. Therefore it could be worth getting information about their public administration through the independent administrative authorities as it has direct impact to the state‘s everyday economics. After all proper regulation of markets destines the protection of human rights. Czech scholars alongside central governmental bodies refer to independent administrative bodies. They are central entities which have different relationship with the cabinet of ministers than, for example, ministries or other governmental bodies. There are several types of independency which are characteristic to the independent administrative bodies. Personal independency – connected with the members of that entities appointment and dismissal; functional independency – connected with the incapacity of government to intervene into their internal administration, economical independency – connected with the financial resources. Czech scholars usually categorize independent administrative bodies into two main categories – relatively independent bodies and totally independent bodies. Úřad pro ochranu hospodářské soutěţe, Český statistický úřad, Energetický regulační úřad, Český telekomunikační úřad belong to the first group of bodies. They are subordinate to the governmental decisions and control. Rada pro rozhlasové a televizní vysílání, Úřad pro ochranu osobních údajů, Akreditační komise belong to the totally independent bodies. Czech practitioners, politicians, and scholars are trying to crystallize the system of these bodies, unify the mechanisms of their control referring to the EU law and OECD proposals.