Stanoviska nejvyšších soudů: efektivní prostředek sjednocování judikatury nebo přežitek socialistické justice?
The Unifying Opinions: the Effective Mean to Unify Judiciary Practice or the Relict of the Socialist Justice?

Summary/Abstract: The unifying opinions represent one of the judicial means to unify the judiciary practice in Czech legal system. The Supreme Court and the Supreme Administrative Court are entitled to issue unifying opinions aiming the subordinated courts. The analysis of judiciary practice revealed that both supreme courts are proceeding very differently to the unifying opinions. The Supreme Court fluently re-established the practice commonly used before 1989 when the unifying opinions represented the mean of ideologically correct interpretation of the socialist law. On the contrary, the Supreme Administrative Court refrained from using the unifying opinions shortly after it had been established. Nevertheless, the judiciary practice in administrative law seems not to be negatively affected by this fact. The article examined various aspects of the use of unifying opinions. The most serious threat can be seen in the lack of conceptuality in the separation of powers. According to the author the severity of this aspect prevails all the positives the unifying opinions can offer and the legislation or the practice of the Supreme Court should be reconsidered.

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