JOURNAL ARTICLE

On the Correctness of the Discussion's Premises on the Solution to the Overload of the Czech Supreme Administrative Court.

  • Published In: Právník, 2023, v. 162, n. 3. P. 286 1 of 3

  • Database: The Belt and Road Initiative Reference Source 2 of 3

  • Authored By: Chvojka, Šimon 3 of 3

Abstract

The article contributes to the reopened debate on the overload of the Czech Supreme Administrative Court. In particular, it points out that it is necessary to take a step back. Instead of directly addressing the overload itself, it is necessary first to clarify what role - ensuring individual justice or uniformity of case law - the court is primarily supposed to play. Only then can we discuss specific changes to decongest the court. Based on a brief analysis of the private and public roles of the supreme courts and related courts' configurations for preference for one role or the other, I then analyse specific proposals occurring in the current debate. Namely, increasing the number of permanent justices and judicial clerks, widening the inadmissibility, and the computerisation and automation of the cassation process. While examining them, I conclude that it is appropriate to reflect first on the role of the Czech Supreme Administrative Court in our legal system since the changes presented or discussed are not consistent with each other. Thus, the desired goal of solving the overload may not be achieved. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Právník. 2023/03, Vol. 162, Issue 3, p286
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:0231-6625
  • Accession Number:162299809
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