Judicial Self-Government in Czechia: Europe’s Black Sheep?
|Druh||Článek v odborném periodiku|
|Časopis / Zdroj||German Law Journal|
|Fakulta / Pracoviště MU|
|www||Open access článku|
|Klíčová slova||judicial self-government; judicial council; court presidents; confidence in judiciary; judicial independence; judicial accountability; transparency of judiciary; legitimacy of judiciary|
|Popis||This paper maps judicial self-government in Czechia and argues that although Czechia is sometimes perceived as a black sheep of Europe for not introducing any form of judicial council into its judicial system, there is in fact a substantial amount of judicial selfgovernment exercised by several bodies, the most important being the court presidents, and it is therefore a mistake to conflate judicial self-government with judicial councils. The most notable changes to judicial self-government are then introduced and their impact on values crucial for the functioning of the judiciary assessed. And, as the judicial selfgovernment in Czechia is primarily exercised by court presidents, the narrative of changes to judicial self-government and their impact is presented as a narrative of changes affecting court presidents and of their effects on the wider legal, social and political fields. The dominance of court presidents, built in part on informal powers, is a mixed blessing however, as it can have both positive and negative impact on the crucial values and may prove rather fragile in the future.|