J 2014

Global Solutions, Local Damages: A Critical Study in Judicial Councils in Central and Eastern Europe

KOSAŘ, David and Michal BOBEK

Basic information

Original name

Global Solutions, Local Damages: A Critical Study in Judicial Councils in Central and Eastern Europe

Authors

KOSAŘ, David (203 Czech Republic, guarantor, belonging to the institution) and Michal BOBEK (203 Czech Republic)

Edition

German Law Journal, Lexington, Washington & Lee University School of Law, 2014, 2071-8322

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50500 5.5 Law

Country of publisher

United States of America

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

RIV identification code

RIV/00216224:14220/14:00077896

Organization unit

Faculty of Law

Keywords in English

International standards; soft law; European Union; Council of Europe; administration of courts; judicial councils; court presidents; judges; Central and Eastern Europe; transition; law exportation

Tags

Tags

International impact, Reviewed

Abstract

V originále

This article examines why, how, and with what results have judicial councils spread under the influence of European institutions throughout Central and Eastern Europe in the course of the last twenty years. It first traces back how the judicial councils, themselves just one possible form of administration of courts, have emerged as the recommended universal solution Europe-wide and internationally. Second, it discusses how has this model been exported under the patronage of European and international institutions to transition countries in Central and Eastern Europe. Assessing, thirdly, the reality of the functioning of such new judicial councils in these countries, in particular in Slovakia and Hungary, with the Czech Republic without a judicial council providing a counter-example, it is suggested that their impact on further judicial and legal transition has been either questionable or outright disastrous. This brings, eventually, into question the legitimacy as well as the bare reasonableness of the entire process of European/international standards setting and their later marketing or in reality rather imposition onto the countries in transition.