Postavení Nejvyššího soudu v právním státě a jeho role při sjednocování judikatury

• Authors: Pavel Šámal

Title variants

EN

Status of the Supreme Court in the rule of law and its role unifying case law

• Languages of publication: CS

Abstracts

EN

This article focuses on the position of the Supreme Court in the Czech judicial system from the perspective of its role in the unification of case law. It is divided into three separate parts examining the relationship between i) the Supreme Court and the Court of Justice of the EU and the European Court of Human Rights, ii) the Supreme Court and the Constitutional Court, iii) the Supreme Court and lower courts. Purpose of the article rests, besides the theoretical grasp of the issue, in pointing out the individual practical overlaps of the subject matter. In the context of examining the relationship between the Supreme Court, the Court of Justice and the European Court of Human Rights, the author highlights the importance of the Supreme Court in facilitating the correct application of the case law of these courts and gives due regard to the selected aspects of the judicial dialogue. Within the analysis of the relationship between the Supreme Court and the Constitutional Court, emphasis is placed on the issue of the tension between the declared and the actual scope of judicial review carried out by the Constitutional Court. At the same time, a brief comparative excursion to the German doctrine defining the relationship between the Federal Court of Justice and the Federal Constitutional Court is presented. In dealing with the relationship between the Supreme Court and the lower courts, attention is paid to individual modes of unification of case law.

Keywords

EN

case law; unification of case law; judicial dialogue; references for a preliminary ruling; relationship between the supreme Court and the Constitutional Court

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
• Year: 2018
• Volume: 157
• Issue: 4
• Pages: 283-302
• Document type: ARTICLE

Contributors

author

Pavel Šámal

• Právník, redakce, Ústav státu a práva AV ČR, v.v.i., Národní 18, 116 00 Praha 1, Czech Republic