Disqualification of en employee of a public administration authority in the European Union Member States

One of the rules contained in Code Good Administrative Behavior adopted 2001 by European Parliament is principle impartiality and independence (Article 8). The presence this rule, despite its non-binding nature, prompted author to examine – using method comparative law analysis whether EU Member States have regulated issue their legal systems if so, what extent how. basic institution serving implementation disqualification an employee authority from participation proceedings situations where seems be at risk. Not all countries explicitly provide for such institution. Among that contain it, only some regulate entirety issues related it: grounds disqualification, procedure consequences as well appealability orders taken matter violating provisions on disqualification. Regulations individual differ degree detail. This applies primarily reasons authority. most important reason employees (except when they or spouse are a party proceedings) consanguinity affinity between them party. However, ranges ties resulting automatic employee, member states, significantly. second area significant difference potentially biased employee’s proceedings. solutions regard legislation jurisprudence depend how main purpose concerning perceived: strengthening public’s trust executive, fair settlement matter.