Publication details
Rozvrh práce: opomíjený předpoklad soudcovské nezávislosti a klíčový nástroj pro boj s korupcí soudců
| Title in English | Case Assignment: The Overlooked Precondition of Judicial Independence and the Tool Against Judicial Corruption |
|---|---|
| Authors | |
| Year of publication | 2014 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | right to legal judge; judicial independence; specialization of judges; judicial corruption; court presidents |
| Description | This article shows that the so-called “work schedule” (rozvrh práce), an internal document compiled at each Czech court for each calendar year, has a tremendous impact on the functioning of the Czech judiciary and concerns constitutional values. It does not merely determine case assignment, but also reassignment of cases, the composition of panels, specialization of judges, and the composition of grand chambers at the Supreme Court and the Supreme Administrative Court. This article thus argues that the work schedule is an important precondition for judicial independence and operates as a tool against judicial corruption. It analyses criminal prosecution as well as disciplinary motions against Czech judges, but also draws insights from the abuse of case assignment during the communist era and builds on the relevant case law of the Constitutional Court of the Czech Republic and the European Court of Human Rights. Finally, this article provides recommendations on how to improve the existent practice and amend the Czech Act on Courts and Judges. |