K ústavněprávním aspektům soudního poučení o opravném prostředku
The constitutional aspects of judicial institution on appeal

Summary/Abstract: The article deals with one element of right to a fair trial – duty, that obligates czech courts to give instructions to the parties about possible ways to review court’s decision. Article points at important constitutional elements of this duty, embedded mostly in Article 36 of The Charter of Fundamental Rights, described in the case-law of Constitutional court in last twenty years. Author also points potentional risks hidden in not fulfilling this duty in a way presumed by constitutional order. Then author shows three selected examples of contemporary judicial practice in the matter of this „instructional duty“ and he proves that the conclusions of Constitutional court’s case-law are not always completely followed. At the end the article does not try to offer solution only for every single of the selected problems, but also for present and future everyday judicial practice.

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