Publication details
Je soudní rozhodnutí (české i unijní) obecně závazné a má povahu pramene práva?
| Title in English | Is a Court Decision (both Czech and EU) Binding Erga Omnes and Is It a oSurce of Law? |
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| Authors | |
| Year of publication | 2019 |
| Type | Article in Proceedings |
| Conference | IN VARIETATE CONCORDIA soubor vědeckých statí k poctě prof. Vladimíra Týče |
| MU Faculty or unit | |
| Citation | |
| Keywords | Judicial decisions; decisions of the CJEU; precedent; source of law; persuasiveness of a judgment; binding nature of a judgment. |
| Attached files | |
| Description | The paper focuses on the issue of the nature and effect of court decisions. The nature of judgments of domestic courts and judgments of the Court of Justice of the EU is particularly examined, in particular the question of their binding nature and whether they can be considered as a source of Czech and EU law. The currently prevailing opinion in the domestic literature, which generally attributes binding character to the decisions of the highest courts and at the same time considers them as a source of law comparable to precedents as known in English and American law, is discussed and questioned. The paper also points out that the similarity between the nature of the judgments of the Czech courts and the CJEU is only apparent, each having a different nature and effect in the domestic legal environment. The conclusion of the paper is, in simplified terms, that the judgments of domestic courts generally cannot be considered as sources of law, that they do not contain new legal norms, and finally, that they contain only a simple amendatory interpretation of legal norms created by a standard-setting body. |