Publication details

Kárná odpovědnost soudce v přerodu: Ponaučení z České republiky

Title in English Judicial Discipline in Transition: Lessons from the Czech Republic


Year of publication 2017
Type Monograph
MU Faculty or unit

Faculty of Law

Attached files
Description This book focuses on the development of judicial discipline in the Czech Republic from historical, institutional and empirical view. The main part of the book compares results of disciplinary proceedings initiated before the Pospíšil's reform in years 2003-2008 with results of disciplinary proceedings with judges initiated after Pospíšil's reform in 2009-2014, to see if the disciplinary penalties of Czech judges has indeed been tightened. The main conclusion of the empirical study is that contrary to the expectations of the creators of Pospíšil's reform the tightening of disciplinary punishment of Czech judges in the medium term in the vast majority of indicators did not occur. The contribution of the presented book is that it empirically examines, for the first time ever, the current theories and hypotheses concerning the disciplinary liability of Czech judges and refutes some myths about the "sanction amendment" of the disciplinary justice, prepared in 2008 by the then Justice Minister Jiří Pospíšil. This book also confirms the prominent role of judicial officers in the Czech judiciary and the weaker position of the Ministry of Justice, points to the complexity of the factors influencing the results of the reform of the disciplinary justice system and identifies the problematic aspects of disciplinary proceedings with Czech judges. Furthermore, this book highlights the insufficiently explored phenomenon - the growing role of the European Court of Human Rights and the Constitutional Court in shaping the system of the disciplinary liability of a Czech judge.

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