Jiné výdělečné činnosti státních zaměstnanců: výkon činnosti rozhodce zaměstnancem státní správy a ve srovnání s dalšími činnostmi (znalecká činnost, tlumočnická činnost aj.)
Other Gainful Activities of Civil Servants: a State Administration Employee Acting as Arbitrator, also in Comparison with other Activities (Expert Witness, Sworn Interpreter etc.)

Summary/Abstract: In this article, the author focuses on the possibility of civil servants who perform state administration to act as arbitrators, with respect to regulation of other gainful activities, particularly under the regime of Act No. 234/2014 Coll. on Civil Service. Attention is given particularly to a detailed interpretation of the provisions of Section 81 paragraph 2 of Act No. 234/2014 Coll. on Civil Service, as well as general pre-conditions for civil servants to act as arbitrators, particularly in light of the specificity of arbitration and the duties of an arbitrator. In the general section, the author first shortly describes the position of an arbitrator and parties in arbitral proceedings, taking into account the obligations of civil servants, characterizes the duties of an arbitrator in the context of Czech law and provides a detailed overview of conditions that must be met to act as arbitrator. These conditions being stipulated in arbitration act. In the main part, the possibility of a civil servant acting as an arbitrator is discussed in detail. The author examines the basis and purpose of the amendment of Section 81 (2) of Act No. 234/2014 Coll. on Civil Service and compares the status of civil servants with the legislation applicable to other individuals who work for the Czech Republic in some capacity, as well as other individuals who are legally restricted from performing other activities. With regard to legal regulation applicable to arbitrators, as well as with regard to the examined historical development of the provision now contained in § 81 paragraph 2 of Act No. 234/2014 Coll. about civil service, its purpose, its context in the Czech legal order, comparison with similar provisions of other regulations, as well as its rational and constitutionally possible application, the author concludes that acting as an arbitrator is not a gainful activity within the meaning of Section 81 (2) of Act on Civil Service. Civil servants who perform state administration therefore do not require the permission from a competent state administration body to act as arbitrators. The performance of their arbitrator duties cannot, however, compromise their obligations stemming from their employment in state administration.

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