Request to set aside judges for bias due to side role and procedural silence rejected.
Legislator-Zusammenfassung
KI-generiertThe Administrative Chamber of the Council of State dismissed the applicant's request to set aside the judges hearing his case. The applicant argued that a judge's concurrent role at a disciplinary college and the judges' refusal to forward his brief to parliamentary leaders created bias. The court held that a functional relationship in a side role does not prove legal impartiality and that procedural decisions on procedure do not constitute grounds for setting aside unless they reveal serious bias.
Legislator-Regeste
KI-generiertArticles 8:15 and 8:16 of the General Administrative Law; A request to set aside a judgment is inadmissible where the alleged bias stems merely from a judge's concurrent side role or from procedural decisions that do not objectively indicate serious partiality.