Publication details
Právo na zákonného soudce v České republice
| Title in English | The Right of the Lawful Judge in the Czech Republic |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Field | Law sciences |
| Keywords | right of legal judge judicial independence work schedule competent panel fair process |
| Attached files | |
| Description | The article deals with the problematic of the right of the legal judge in the Czech Republic from the view of the legal regulation and judicature of the European Court of Human Rights and Constitutional Court of the Czech Republic. The right of the legal judge is guaranteed by the definition of allocating the justice agenda directly in so called “work schedule” (formal aspect). These rules must be fixed in advance and must content guarantees against potentional misfeasance (material aspect). This right also means that the same judge decides in individuall case which this case cannot be deprived. The judge cannot be prejudice, it means there is no relation between them and the object of the process, neither to its participants nor to their attorneys. The important aspect of the right of the legal judge is the process of decision-making done by competent panel. Above all, a single judge is never allowed to make decisions instead of the panel. The violation of the right of the legal judge is also the situation when a preliminary question is not submitted to the Court of Justice of the European Union. |