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Judicial Self-Government in Czechia: Europe's Black Sheep?

Published online by Cambridge University Press:  06 March 2019

Abstract

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This paper maps judicial self-government in Czechia and argues that although Czechia is sometimes perceived as a black sheep of Europe for not introducing any form of judicial council into its judicial system, there is in fact a substantial amount of judicial self-government exercised by several bodies, the most important being the court presidents, and it is therefore a mistake to conflate judicial self-government with judicial councils. The most notable changes to judicial self-government are then introduced and their impact on values crucial for the functioning of the judiciary assessed. And, as the judicial self-government in Czechia is primarily exercised by court presidents, the narrative of changes to judicial self-government and their impact is presented as a narrative of changes affecting court presidents and of their effects on the wider legal, social and political fields. The dominance of court presidents, built in part on informal powers, is a mixed blessing however, as it can have both positive and negative impact on the crucial values and may prove rather fragile in the future.

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Articles
Copyright
Copyright © 2018 by German Law Journal GbR 

References

1 Note that prosecutors do not form a part of the Czech judiciary but are independent from it.Google Scholar

2 See Kosař, David, Politics of Judicial Independence and Judicial Accountability in Czechia: Bargaining in the Shadow of the Law between Court Presidents and the Ministry of Justice, 13 European Constitutional Law Review 13, 97 (2017).Google Scholar

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4 We define a JSG body as a body with at least one judge whose primary function, entrenched in a legal norm, is to decide about issues regarding court administration and/or the career of a judge, and/or advise those who decide about such issues.Google Scholar

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109 Note that we are speaking mainly about systemic changes, as “local” (i.e. court specific) changes in judicial transparency may appear any time a new court president is appointed and thus has an opportunity to adopt a new transparency policy.Google Scholar

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136 Art. 119(2) of the Law no. 6/2002 Sb., On Courts and Judges.Google Scholar

137 Especially the rule that who appoints, dismisses as well.Google Scholar

138 Judgment of the Czech Constitutional Court of 11 July 2006, case no. PI. ÚS 18/06.Google Scholar

139 Judgment of the Czech Constitutional Court of 4 May 2010, case no. PI. ÚS 7/09.Google Scholar

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