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

J 2018

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

BLISA, Adam, Tereza PAPOUŠKOVÁ and Marína URBÁNIKOVÁ

Basic information

Original name

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

Authors

BLISA, Adam (203 Czech Republic, guarantor, belonging to the institution), Tereza PAPOUŠKOVÁ (203 Czech Republic, belonging to the institution) and Marína URBÁNIKOVÁ (703 Slovakia, belonging to the institution)

Edition

German Law Journal, Frankfurt am Main, Goethe University Frankfurt, 2018, 2071-8322

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Germany

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Open access článku

RIV identification code

RIV/00216224:14220/18:00105209

Organization unit

Faculty of Law

Keywords in English

judicial self-government; judicial council; court presidents; confidence in judiciary; judicial independence; judicial accountability; transparency of judiciary; legitimacy of judiciary

Abstract

V originále

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 selfgovernment 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 selfgovernment 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.

Links

46943, interní kód MU

Name: JUDI-ARCH - The Rise of Judicial Self-Government in Europe: Changing the Architecture of Separation of Powers without an Architect (Acronym: JUDI-ARCH)

Investor: European Union, ERC (Excellent Science)

Files attached

Vol_19_No_7_Blisa_Popouskova_Urbanikova.pdf

Find similar documents

Citovat

BLISA, Adam, Tereza PAPOUŠKOVÁ and Marína URBÁNIKOVÁ. Judicial Self-Government in Czechia: Europe’s Black Sheep? German Law Journal. Frankfurt am Main: Goethe University Frankfurt, 2018, vol. 19, No 7, p. 1951-1976. ISSN 2071-8322.

@article{1482912,
   author = {Blisa, Adam and Papoušková, Tereza and Urbániková, Marína},
   article_location = {Frankfurt am Main},
   article_number = {7},
   keywords = {judicial self-government; judicial council; court presidents; confidence in judiciary; judicial independence; judicial accountability; transparency of judiciary; legitimacy of judiciary},
   language = {eng},
   issn = {2071-8322},
   journal = {German Law Journal},
   title = {Judicial Self-Government in Czechia: Europe’s Black Sheep?},
   url = {https://www.cambridge.org/core/journals/german-law-journal/article/judicial-selfgovernment-in-czechia-europes-black-sheep/8A9D26742EEE94202B3AF9A9765D0910#},
   volume = {19},
   year = {2018}
}

TY  - JOUR
ID  - 1482912
AU  - Blisa, Adam - Papoušková, Tereza - Urbániková, Marína
PY  - 2018
TI  - Judicial Self-Government in Czechia: Europe’s Black Sheep?
JF  - German Law Journal
VL  - 19
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SP  - 1951-1976
EP  - 1951-1976
PB  - Goethe University Frankfurt
SN  - 20718322
KW  - judicial self-government
KW  - judicial council
KW  - court presidents
KW  - confidence in judiciary
KW  - judicial independence
KW  - judicial accountability
KW  - transparency of judiciary
KW  - legitimacy of judiciary
UR  - https://www.cambridge.org/core/journals/german-law-journal/article/judicial-selfgovernment-in-czechia-europes-black-sheep/8A9D26742EEE94202B3AF9A9765D0910#
L2  - https://www.cambridge.org/core/journals/german-law-journal/article/judicial-selfgovernment-in-czechia-europes-black-sheep/8A9D26742EEE94202B3AF9A9765D0910#
N2  - 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 selfgovernment 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 selfgovernment 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.
ER  -

BLISA, Adam, Tereza PAPOUŠKOVÁ and Marína URBÁNIKOVÁ. Judicial Self-Government in Czechia: Europe’s Black Sheep? \textit{German Law Journal}. Frankfurt am Main: Goethe University Frankfurt, 2018, vol.~19, No~7, p.~1951-1976. ISSN~2071-8322.

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