Article 7
Impartiality of the administrative bodies
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The administrative bodies, one-member or collective ones. Should provide
guarantees of impartial judgement in the performance of their duties.
The one-member bodies, as well as the members of the collective bodies, should
refrain from any action or procedure constituting participation in decision-making
or expression of opinion or proposal if: a) the satisfaction of their personal interest
is related to the course of the case or b) they are spouses or relatives by blood or
affinity, unlimitedly in straight line and up to the fourth degree in oblique line, with
one of the interested parties or c) they have a special bond or peculiar relation or
animosity with the interested parties.
If the body or member of collective body finds that there are grounds for their
abstention, they should immediately state them to their superior authority or the
chairman of the collective body respectively, and refrain from any action. In such
cases, the superior authority or the collective body decides on the matter as soon as
possible.
An application for the exclusion of an one-member body or a member of a
collective body may be submitted by the interested parties at any state of the
procedure. The application is submitted to the superior authority or the chairman of
the collective body or to the deciding body, as the case may be. For all other
matters, the provisions of the last sentence of the previous paragraph are also
applicable in this case.
The exclusion may also be order ex officio by the superior authority or the
collective body.
The provisions of the previous paragraphs are not applied in the event that
abstention is declared or exclusion is requested of such a number of members of a
collective body that the remaining members cannot attain the quorum provided for
in paragraph 1 of article 14.
Article 8
Substitution of administrative bodies
In the event of absence or impediment, the head of an organic public authority unit
is substituted by the senior in rank head of inferior organic units. If there are no inferior
organic units, the head is substituted by the senior in rank public servant of the unit. In case
of persons equal in rank, the substitute is the head or civil servant who has served more
time at the rank. In any case, the appointed substitute should belong to a sector whose
public servants may be superiors under the relevant provisions.
Article 9
Transfer of power of administrative bodies
Signatory authority of administrative bodies
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The power of administrative bodies is determined by the relevant provisions.
The competent administrative body, if so allowed for by the relevant provisions,
may, by regulative deed, transfer its power. In this case, the power is exercised
exclusively by the body to which it was transferred, unless the relevant provisions
stipulate that it may also be exercised by the body that transferred it.
The competent administrative body, if so allowed for by the relevant provisions,
may also, by regulative deed, authorise an inferior in rank body to sign, by its
authority, deeds or other documents of its power.
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