The removal of the Czech Telecommunications Office (CTO) Board Chairman by the Czech Ministry of Industry and Trade was not in accordance with law. As believed by a number of Czech legal professional approached by the Czech server lupa.cz, the malpractice may render questionable the decisions adopted by the CTO Board in future.
As explained by the leading TMT lawyer and partner in the Nielsen Legal law firm Tomáš Nielsen:
“The following two criteria were not met in the given case: First, the Board Chairman must be removed from the office of CTO Board Chairman as well as from the office of CTO Board Member. Given the reasons for the removal of the Board Chairman from office, it is principally unacceptable that the person removed on that grounds would remain with the CTO Board even as a regular CTO Board Member. Second, every decision adopted by a public authority must be capable of being reviewed. Any government decision published in compliance with the Electronic Communications Act failing to provide a rationale is not only in breach of Section 107(7) of the Electronic Communications Act but is also vitiated by a fundamental error of non-reviewability. Even if the rationale was included in the wording of the decision served directly on the CTO Board Chairman, the decision at issue is non-reviewable as the wording published is free of the rationale. Wherefore, I deem the CTO Board Member not being removed in accordance with law.”
Tomáš Nielsen’s unabridged comment on the steps adopted by the Czech Ministry of Industry and Trade can be found in the article published by lupa.cz.