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


Year of publication 2017
Type Article in Periodical
Magazine / Source Jurisprudence
MU Faculty or unit

Faculty of Law

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.

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