STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 26, sig. 109-1/29

Page 14

English Translation

12 - 10 - a control of the impact of official measures, on the other hand, inevitably enlivens the workings of each authority and leads to not paying attention first and foremost to file operations and their execution, but to the actual occurrence of the desired consequence. 4.) Right of instruction. The most contested point in the whole institution of the Oberlandrat inspectors is probably the recognition of a more or less great right of instruction. The views vary here between an unlimited right of direction (even contra legem !) according to the type of superiors of old coinage and the total withdrawal of the right of defence. As a middle thing, the granting of a right of instruction in case of danger is still under discussion. In the light of the general view of the Oberlandrat inspectors presented here, the following position is taken on the individual proposals: an unlimited right of instruction would be liable to disturb or confuse the normal course of the administrative life and the individual channels of command under certain circumstances. The fact that two places in the same matter can give different orders is neither theoretical nor practical a desirable state. In addition, the Oberlandrat would have to have a number of experts in order to be able to make decisions on technical matters which are representative, the Upper Landrat would then become an authority like any other, and all the advantages achieved by the administrative reform of July 19942 would be lost. An unlimited right of instruction would therefore be contrary to the principles of administrative reform and the idea of the Oberlandrat inspectors and must be rejected.