Publication details

The Supreme Court – The Story of a (Post)communist Cinderella

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Year of publication 2020
Type Chapter of a book
MU Faculty or unit

Faculty of Law

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Description The chapter is first of empirical chapters studying the application of the judicial treatment concept on three Czech apex courts. It provides an analysis of the Supreme Court, the old post-communist court largely untouched by the transition. The chapter first engages with general patterns in references to the ECtHR case law and their development over time. It analyses changes in historically negative stance of the Supreme Court towards international human rights law. It seeks to explain changes in citation patterns by looking at legal, institutional, and personnel development in the judiciary. Second, the chapter proceeds with a meso-level analysis and asks how and why the Supreme Court refers to the ECtHR’s decisions. It explores the significance of ECtHR case law references for the Supreme Court’s reasoning and employed the legal techniques. It argues that the Supreme Court slowly shifted its position towards the ECtHR due to external pushes: other domestic actors and new judges coming to the board. While in past, its use of the case law was arbitrary and selective, nowadays, it slowly moves to the position of active complier. Finally, the micro-level analyses two controversial areas of human rights protection, immaterial damages and ne bis in idem principle and discusses their evolvement under the ECtHR's influence.
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