Administration of public affairs

Autor: J.F. Holub <jfholub(at)>, Téma: Article from Bulletin in English, Vydáno dne: 06. 11. 2007

Let me show at the beginning two articles from the constitution of the United Sates which are in my opinion important for the following topic of this article.

Article I. Section 6

Senators and members of the House of Representatives shall receive for their services compensation set by law and paid from the budget of the United Sates. Except for the cases of high treason, a serious crime and a breach of public order they shall enjoy in all other cases the parliamentary privilege at the time of their presence at a session of the relevant House as well as at the time of their arrival and return from a session, in no other place may they be subjected to an interrogation concerning their speech or discussion in one of the Houses.
No senator neither a member of the House of Representatives may be during the period for which he was elected appointed to any official position in the services of the United States if this post was introduced or the salary for the performance of which increased during this period; no person holding any office in the services of the United States may be a member of any of the Houses if they continue the performance of their office.

Article II. Section 4

The President, Vice-president and all officials of the United States must be stripped of their posts if charged and proved guilty of high treason, bribery or other serious crimes and other offences.

Note: Based on the interpretation of the constitution this provision applies to federal officials, including judges appointed for life, charges are decided by the House of Representatives, a recall from a post and charges are decided by the Senate and guilt and punishment by a regular court.
To provide all relevant information it should be added that this constitution was adopted by the United States on Sep.17, 1787.

The Czech Republic in 2007, 16 years after a democratic and so-called Velvet Revolution

The public administration is transferred from citizens in democratic states, including the
Czech Republic, to elected representatives, and their job is to set parameters for this administration based on laws and regulations and to ensure control of this administration. In recent years, however, citizens have been witnesses to failures by some of the institutions whose job it is to perform these checks concerning both the state and public administration.

Based on individual and generally known cases of failures it can be concluded that they typically concern lower-position leading employees with some common features, especially the fact that the majority of these cases are never really decided based on lack of evidence and errors in laws, or potentially because of the disappearance of witnesses.
This problem concerns all the bodies of the state and municipal administration, including institutions managed directly by them.

There are certainly several causes why there has been no success in correcting the generally known problems, such as corruption, the justice system, legislative, failures by the police in important cases etc. This state is caused by the so-called „velvet revolution“, when the hand-over of power was performed only in the highest state posts, but not in the lower positions of the state executive power. The bureaucratic and such controlling apparatus of the state administration which consisted before the revolution mostly of communists and their friends has remained intact, including all other political and organizational structures and bonds. After the initial retreat his apparatus of the state administration has again taken initiative, and being centrally and legally managed by the Communist party, this time hidden under the wings of the democratic parties which have won the elections, continues its struggle for power.

The communists are afraid that in the event of their penetration into the highest posts in the state, there would occur an isolation of the state from the EU and the world, therefore it is not in their interest to have their people in the highest state posts and to bear for their promises and actions political responsibility, they are still waiting for their opportunity and it is sufficient for them to have their people in managerial and executive posts in the state administration, thus determining the daily life of people and companies; their responsibility is, however, borne for them by the democratic parties, whose representatives in the highest posts in the state administration sign all their decisions and orders, therefore they must also defend them. What is more, the long-term coexistence of these new and old power structures in the mentioned institutions brings a considerable series of risks for the newly developing democracy, e.g. arrogance by those in power, which we witness very often in certain public affairs programs.

Being a communist and not having to admit this in public (It would be illegal to demand this) or a friend of theirs pays off these days, a number of people have realized this and behave accordingly. However, honest people do not agree with this in their hearts and still hope that somebody will do something about it, which could explain certain election results. To criticize the communists or to even reveal their influence on the state may not be done by any employees neither entrepreneurs these days, not even by the employees of foreign companies, as all of them depend on the municipal and state administration, and even if a company is financially strong, the state administration can cause them a number of problems because of the terrible legislative, and due to a strong competition such company would be destabilized and gradually destroyed. The only exception is the high-ranking state representatives for the period of the performance of their posts or strong restituents, but even they have relatives in this state and they do not live isolated lives.

In a small village or a city there is no problem for the communist due to their organization to secure majority in the electoral bodies and then to find out who voted and in what way. If somebody wanted to establish in these places a democratic party or suggested for the municipal bodies a critic of the local conditions and rejected to cooperate with the communists, they would have problems as well as their relatives, then it is no wonder that there occur certain unanimous voting’s and referendums.
Despite the fact that the majority of the city halls in larger cities are dominated by the democratic parties, the executive power carried out at the lower administrative levels is where decisions are made, and an official always knows how to defend their decision correctly and in accordance with the law. They actually cannot do anything else as their superior is a communist or cooperates with them closely and does not want to lose his/her post.

If somebody is naive enough to think that they will be helped by the mass media, they will be shown their mistake very fast either by indifference and total silence, which is the better case, in a worse case some of the dependant operatives will find a few half-truths on which they will fabricate false allegations and indirect accusations of breaching either moral or legal laws, and after announcing and filing actions which the police and the courts will deal with for several years, they will end up as a not guilty, however unemployed homeless person.

If we ask a simple question of why these problems have not been solved yet, the first thing which we will think of is that it is favorable to the state administration. Few know ways around this jungle, including the government and parliament. The laws are inaccurate and incomplete, the courts are overloaded, so this is not the way to go for individuals and small companies in case of relatively small economic damage, and low-rank officials are not able to study the extensive series of law amendments, or even to understand them, making decisions based on the instructions by their superiors anyway. Laws moved by the communists through the state bureaucracy controlled by them keep on worsening this state, and we should take into account the fact that the passing of laws in Parliament was until recently secured for them.

As the screening certificate for leading employees of the state administration as well as the municipal has not solved this problem and a complete screening of all employees of the state administration will not solved this either, I can see only one solution to this problem and I think it is easy to guess. I am convinced that considering the results of the last election, most people would agree to it, including those who are, needing to protect their existence these days, afraid to publicly state their opinion. Further, as I do not think that I am always right and because I know I may feel about many problems much more strongly due to my personal experience than most people, I would like to start a discussion within our organization on the mentioned problems.

June 2007
J. Holub
vice president of SP USA