Sunday, January 10, 2010
Michal Bobek has posted The Administration of Courts in the Czech Republic: In Search of a Constitutional Balance to SSRN.
This article focuses on the administration of courts in the Czech Republic and Slovakia. The comparison of the recent developments and case law in both countries suggests that in post-Communist societies, the problems encountered in the area of the administration of courts are the same irrespective of the institutional design chosen, i.e. irrespective of the fact whether or not a country established a self-standing judicial council or not. Moreover, as the current developments in Slovakia show, the establishment of an independent judicial council in a politically immature environment may even lead to certain “hijacking” of a new institution by the old Communist judicial elites and the sealing off of the institution behind a veil of judicial independence.