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LEGAL CERTAINTY AND FORESEEABILITY OF COURT DECISIONS (Pravna istota a predvidatelnost sudnych rozhodnuti)

100%
Opett L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
|
vol. 91
|
issue 4
317-326
EN
From the established judicial practice of the Constitutional Court of the Slovak Republic it follows that legitimate expectations of the parties to legal relations include the requirement for foreseeability of court decisions. A foreseeable court decision is partly a decision rendered in accordance with law, partly a decision made in accordance with previous valid court decisions. In the opinion of the Constitutional Court of the Slovak Republic an unreasonably different court decision in a similar case is constitutionally untenable and may constitute the reason for the cancellation of such decision. The obligation of the court to take into account the previous valid decisions in a similar case and to properly copy with them before the adoption of the legal opinion is not elaborated on and the rules of its observance will have to be specified for the purposes of judicial application of the law.
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