Abstract

This gloss to a Supreme Administrative Court judgment concerns the possibility of excluding a member of the Financial Supervisory Authority (KNF) when re-considering a case pursuant to Art. 127 § 3 of the Code of Administrative Proceedings if that member has already taken part in the issuing of an earlier decision. The view that this is not possible since the exclusion of such an employee would paralyze the decision making process of the KNF. Both KNF employees and members are subject to the same rules of exclusion as employees and members of other collective administrative bodies. Of major importance in this situation is impartiality of a body in the course of reconsideration of a case.