Appeal Against the Decision of the Supreme Audit Office’s Disciplinary Chamber

1. General Information

An appeal against the decision of the Supreme Audit Office’s Disciplinary Chamber is a remedial measure by which a participant in the disciplinary proceedings may challenge the decision of the Disciplinary Chamber of the Supreme Audit Office.

This process concerns cases where the Disciplinary Chamber of the Supreme Audit Office has decided on the disciplinary liability of the President, Vice-President, or a member of the Supreme Audit Office. 

At the Supreme Court, appeals against decisions of the Disciplinary Chamber of the Supreme Audit Office are dealt with under the Zp agenda, although such cases are very rare.

2. Who, Where and When May File an Appeal Against the Decision of the Supreme Audit Office’s Disciplinary Chamber

The appeal against the decision of the Supreme Audit Office’s Disciplinary Chamber may be filed by the person who is held disciplinarily liable and against whom disciplinary proceedings are being conducted, as well as by the person or body that proposed the initiation of the disciplinary proceedings.

The appeal is filed with the Disciplinary Chamber of the Supreme Audit Office, which forwards it along with the file to the Supreme Court for its hearing.

The appeal must be filed within 15 days from the delivery of a copy of the decision of the Disciplinary Chamber of the Supreme Audit Office.

3. Proceedings on the Appeal Against the Decision of the Supreme Audit Office’s Disciplinary Chamber and Decision on It

The Supreme Court reviews whether the decision of the Disciplinary Chamber of the Supreme Audit Office was in accordance with the law and whether it was properly reasoned.

The Supreme Court may decide on the appeal by:

a) dismissing the appeal for formal reasons, e.g., if it was filed late, 

b) dismissing the appeal if it is unfounded, provided that the reviewed decision does not exhibit the deficiencies claimed in the appeal, 

c) annulling the contested decision of the Supreme Audit Office’s Disciplinary Chamber and issuing a new decision in the case, 

d) annulling the contested decision of the Supreme Audit Office’s Disciplinary Chamber and instructing it to issue a new decision in accordance with the instructions and legal opinion of the Supreme Court, 

e) annulling the contested decision if it should not have been issued at all, or 

f) remedying the contested decision with a missing operative part of the decision and corresponding reasoning without annulling it.

Relevant Legislation:

• Act No 166/1993 Coll. on the Supreme Audit Office, as amended
• Act No 141/1961 Coll., the Code of Criminal Procedure, as amended