R 2/15 - Suspected partiality of a deputy of the vice president
It's all about the right to be heard. |
In review case R 19/12 it was decided that an objection of suspected partiality against the chairman of a board of appeal may be based on his capacity as vice president. Can such an objection of partiality also be raised if during the course of the appeal proceedings, the chairman is or was deputy of the vice president? Can you ask the members of a board it they have been a deputy of the vice president? This case also confirms that a petition for review can concern an interlocutory decision
The petitioner claims his right to be heard has been violated numerous times. These include:
-During the oral proceedings before the board of appeal, the objected to chairman handed out a statement which said that the chairman did not wish to make comments.
- The petitioner had asked for an interruption of the Oral Proceedings of an hour, but got only half an hour. The petitioner also requested return to written proceedings, which was denied. .
An earlier decision in this case also featured on this blog.