Post-communist Chief Justices in Slovakia: From Transmission
Belts to Semi-autonomous Actors?

J 2021

Post-communist Chief Justices in Slovakia: From Transmission Belts to Semi-autonomous Actors?

KOSAŘ, David a Samuel SPÁČ

Základní údaje

Originální název

Post-communist Chief Justices in Slovakia: From Transmission Belts to Semi-autonomous Actors?

Autoři

KOSAŘ, David a Samuel SPÁČ

Vydání

Hague Journal on the Rule of Law, 2021, 1876-4045

Další údaje

Jazyk

angličtina

Typ výsledku

Článek v odborném periodiku

Obor

50501 Law

Stát vydavatele

Švýcarsko

Utajení

není předmětem státního či obchodního tajemství

Odkazy

Repozitář MU

Impakt faktor

Impact factor: 1.682

Označené pro přenos do RIV

Ano

Kód RIV

RIV/00216224:14220/21:00121552

Organizační jednotka

Právnická fakulta

DOI

https://doi.org/10.1007/s40803-021-00150-w

UT WoS

000627676100001

EID Scopus

2-s2.0-85102572021

Klíčová slova anglicky

post-communist; Slovakia; justices

Štítky

rivok

Příznaky

Mezinárodní význam, Recenzováno

Změněno: 18. 5. 2022 13:21, Mgr. Petra Georgala

Anotace

V originále

The aim of this article is to conceptualize the role of Central European (CE) chief justices and explore whether they have managed to become autonomous actors after the fall of communism. We do so by focusing on Slovakia, which was the first country in Central Europe that experienced a semi-authoritarian regime in the mid-1990s, adopted a Euro-model of the judicial council during the EU accession, and features a formally powerful Chief Justice. Based on the analysis of the turnover in Slovak Chief Justices since the 1990s, we argue that Slovak Chief Justices have not become fully autonomous actors, despite the Euro-model of the judicial council and EU membership, as Slovak politicians still consider the position of the Chief Justice strategically important and are willing and able to interfere with them. More specifically, selection of the Chief Justice has become an arena for political battle between external pressures from the politicians and oligarchs and internal sectoral interests from within the judiciary. So far, Slovak political leaders always managed to install their own Chief Justice informally, although they have been challenged by coalitions formed among representatives of the judiciary. This has had severe repercussions for the rule of law in Slovakia, especially during the era of Chief Justice Štefan Harabin. Beyond Slovakia, recent examples of ousting and dismissing chief justices in Hungary and Poland, even if sometimes blocked, show that also in other CE countries some political leaders consider chief justices an important element of their strategy to contain the judiciary and to rule by law. In order to understand this wide-scale problem, we identify seven factors that affect the role of the Chief Justice in the post-communist Europe. This set of factors should encourage others to study Chief Justices from comparative perspective.

Návaznosti

46943, interní kód MU

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

Investor: Evropská unie, JUDI-ARCH - The Rise of Judicial Self-Government in Europe: Changing the Architecture of Separation of Powers without an Architect, ERC (Excellent Science)

Přiložené soubory

Kosar-Spac2021_Article_Post-communistChiefJusticesInS.pdf

Požádat o autorskou verzi souboru

Citovat

KOSAŘ, David a Samuel SPÁČ. Post-communist Chief Justices in Slovakia: From Transmission Belts to Semi-autonomous Actors? Hague Journal on the Rule of Law. 2021, roč. 13, č. 1, s. 107-142. ISSN 1876-4045. Dostupné z: https://doi.org/10.1007/s40803-021-00150-w.

@article{1766636,
   author = {Kosař, David and Spáč, Samuel},
   article_number = {1},
   doi = {https://doi.org/10.1007/s40803-021-00150-w},
   keywords = {post-communist; Slovakia; justices},
   language = {eng},
   issn = {1876-4045},
   journal = {Hague Journal on the Rule of Law},
   title = {Post-communist Chief Justices in Slovakia: From Transmission Belts to Semi-autonomous Actors?},
   url = {https://is.muni.cz/publication/1766636/cs/Post-communist-Chief-Justices-in-Slovakia-From-Transmission-Belts-to-Semi-autonomous-Actors/Kosar-Spac?vysledek=31142},
   volume = {13},
   year = {2021}
}

TY  - JOUR
ID  - 1766636
AU  - Kosař, David - Spáč, Samuel
PY  - 2021
TI  - Post-communist Chief Justices in Slovakia: From Transmission Belts to Semi-autonomous Actors?
JF  - Hague Journal on the Rule of Law
VL  - 13
IS  - 1
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SN  - 18764045
KW  - post-communist
KW  - Slovakia
KW  - justices
UR  - https://is.muni.cz/publication/1766636/cs/Post-communist-Chief-Justices-in-Slovakia-From-Transmission-Belts-to-Semi-autonomous-Actors/Kosar-Spac?vysledek=31142
N2  - The aim of this article is to conceptualize the role of Central European (CE) chief justices and explore whether they have managed to become autonomous actors after the fall of communism. We do so by focusing on Slovakia, which was the first country in Central Europe that experienced a semi-authoritarian regime in the mid-1990s, adopted a Euro-model of the judicial council during the EU accession, and features a formally powerful Chief Justice. Based on the analysis of the turnover in Slovak Chief Justices since the 1990s, we argue that Slovak Chief Justices have not become fully autonomous actors, despite the Euro-model of the judicial council and EU membership, as Slovak politicians still consider the position of the Chief Justice strategically important and are willing and able to interfere with them. More specifically, selection of the Chief Justice has become an arena for political battle between external pressures from the politicians and oligarchs and internal sectoral interests from within the judiciary. So far, Slovak political leaders always managed to install their own Chief Justice informally, although they have been challenged by coalitions formed among representatives of the judiciary. This has had severe repercussions for the rule of law in Slovakia, especially during the era of Chief Justice Štefan Harabin. Beyond Slovakia, recent examples of ousting and dismissing chief justices in Hungary and Poland, even if sometimes blocked, show that also in other CE countries some political leaders consider chief justices an important element of their strategy to contain the judiciary and to rule by law. In order to understand this wide-scale problem, we identify seven factors that affect the role of the Chief Justice in the post-communist Europe. This set of factors should encourage others to study Chief Justices from comparative perspective.
ER  -

KOSAŘ, David a Samuel SPÁČ. Post-communist Chief Justices in Slovakia: From Transmission Belts to Semi-autonomous Actors? \textit{Hague Journal on the Rule of Law}. 2021, roč.~13, č.~1, s.~107-142. ISSN~1876-4045. Dostupné z: https://doi.org/10.1007/s40803-021-00150-w.

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