The Concept of Conflict of Interest as a Decision-Making Problem and Ways of its Resolution : Charles University in Prague Faculty of Law Research Paper No. I/1, 2023
Abstract
This paper deals with a concept of conflict of interest as a decision-making problem. While the concept is often used in both legal and general language in various meanings, it becomes relevant when it entails deciding on rights and obligations of other people, especially in connection with exercise of public power.
It is at this moment when the need for a legal regulation of conflict of interest arises. As there exist several means of how to resolve a conflict of interest of a public official, a choice has to be made with respect to the risk arising from the conflict of interest in the specific case and area of decision-making, both in terms of the likelihood of its 'materialization' and in terms of the seriousness of its effects on the decision-making process.
This paper draws attention particularly to different kinds of conflict of interest of public officials and sets up its goal in proponing a more conceptual and deliberate way of laying down a new regulation of this phenomenon, taking into account conclusions resulting from risk analysis approach.