Publication details
Objektivní test nestrannosti v případech vztahu soudce k účastníkům řízení a jejich zástupcům
| Title in English | The Objective Test of Impartiality in the Case of the Relationship between the Judge and the Litigants or Their Counsels |
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| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Jurisprudence |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Field | Law sciences |
| Keywords | impartiality of judge; objective test; recusal; bias; relation to litigants; relation to counsels |
| Attached files | |
| Description | The article deals with the objective test of impartiality used by the European Court of Human Rights and the Czech courts and points to its shortcomings in practice. As a solution, it proposes to specify the individual criteria that need to be taken into account when deciding on motion for disqualification of a judge. The article is based on the criteria applied in some decisions of the Czech supreme courts on disqualification of judges for bias. The article tries to identify these criteria and place them in a coherent algorithm, the use of which would lead to a more transparent and convincing decision making on the disqualification of the judge. |