KOSAŘ, David and Michal BOBEK. ‘Euro-products’ and Institutional Reform in Central and Eastern Europe: A Critical Study in Judicial Councils. In Michal Bobek. Central European Judges under the European Influence: The Transformative Power of the EU Revisited. Oxford: Hart Publishing, 2015, p. 165-196. EU Law in the Member States. ISBN 978-1-84946-774-2.
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Basic information
Original name ‘Euro-products’ and Institutional Reform in Central and Eastern Europe: A Critical Study in Judicial Councils
Authors KOSAŘ, David (203 Czech Republic, guarantor, belonging to the institution) and Michal BOBEK (203 Czech Republic).
Edition Oxford, Central European Judges under the European Influence: The Transformative Power of the EU Revisited, p. 165-196, 32 pp. EU Law in the Member States, 2015.
Publisher Hart Publishing
Other information
Original language English
Type of outcome Chapter(s) of a specialized book
Field of Study 50500 5.5 Law
Country of publisher United Kingdom of Great Britain and Northern Ireland
Confidentiality degree is not subject to a state or trade secret
Publication form printed version "print"
WWW URL
RIV identification code RIV/00216224:14220/15:00082447
Organization unit Faculty of Law
ISBN 978-1-84946-774-2
Keywords in English judicial councils; judicial independence; judicial accountability; court administration; European Union; Council of Europe
Tags rivok
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 17/2/2016 14:07.
Abstract
This chapter 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 in Europe. Second, it discusses how has this model been exported under the patronage of European 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 questionable. This brings, eventually, into question the legitimacy as well as the bare reasonableness of the entire process of European standards setting and their later marketing or in reality rather imposition onto the countries in transition.
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