Conference
Binding Effect of Judicial Decisions

The Supreme Court of the Czech Republic was organising an international conference in cooperation with the Ministry of Justice within the Czech Chairmanship of the Committee of Ministers of the Council of Europe from 19 to 21 June 2017 on the topic of ‘Binding Effect of Judicial Decisions’.

Aim of the Conference

The aim of the Conference taking place in Brno, the capital of the Czech judiciary, with Presidents of the Supreme and Constitutional Courts of the Member States of the Council of Europe as well as judges of European Courts and leading academics participating, was to provide an adequate forum for a discussion on the topic of binding effect of judicial decisions of the European Court of Human Rights, the Court of Justice of the European Union and the national courts. The relationship between constitutional and ordinary courts within the national legal systems was also included. The keynote speakers, panellists and the moderators were the representatives of judiciary, academia and attorneys at law. Their diverse professional backgrounds offered considerable room for critical analysis of contemporary trends of European justice.

For more information about the Supreme Court of the Czech Republic,
please see its official website at www.nsoud.cz

Programme of the Conference

The first conference panel provided an analysis of various theoretical approaches to the topic of binding effect of judicial decisions. The afternoon session of the first day of the Conference was dedicated to the case-law of the European Court of Human Rights and was opened by the President of the Strasbourg Court Guido Raimondi. After the speech of Mr Raimondi, the expert panel will followed on the topic of the binding effect and the execution of judgments of the European Court of Human Rights and approaches of the governments of the Member States to the condemnatory pilot-judgments in selected fields of protection of the human rights and freedoms guaranteed by the Convention.

The third panel was launched on Wednesday morning by the topic of mutual relationship between ordinary and constitutional courts. Special attention was paid mainly to the impact of Constitutional Courts on practice of Supreme Courts and Courts of Cassation. The subsequent forth panel of the Conference will offered an insight into the binding effect of case-law of the Court of Justice of the European Union from the perspective of the judge and the Advocate General of the Luxembourg Court. One of the highlights of the Conference was the speech of the President of the Court of Justice Koen Lenaerts entitled ‘Court of Justice and National Courts: A Transparent Dialogue’. Detailed programme of the Conference is available here.

The Most Outstanding Judicial Forum

The international conference was one of the most significant judicial forums not only within the Czech Chairmanship of the Committee of Ministers of the Council of Europe but also in modern history of the Czech Republic. It offered an opportunity for mutual exchange of ideas and for an informal meeting of important national and international guests in the historical centre of Brno, in the walking distance from Špilberk Castle and St. Peter and Paul Cathedral. There also was an opportunity to visit Villa Tugendhat during the reception in the Löw-Beer Villa at the end of the first day of the Conference.

Confirmed Speakers

Among the participant of the Conference was the Secretary General of the Council of Europe Thorbjørn Jagland. Amongst other distinguished speakers of the Conference were the President of the Court of Justice Koen Lenaerts, the President of the European Court of Human Rights Guido Raimondi, the President of the Constitutional Court of the Czech Republic Pavel Rychetský, the President of the Supreme Court of the Czech Republic Pavel Šámal, the Judges of the Tribunal of the Court of Justice of the European Union Irena Pelikánová and Jan Passer, the Advocate General of the Court of Justice Michal Bobek, director of Legal Advice and Public International Law of the Council of Europe Jörg Polakiewicz, professor at the Centre for Socio-Legal Studies, University of Oxford Laurence Lustgarten, professor of the European Union Law, University of Cambridge Catherine Barnard, the Judges of the Supreme Administrative Court of the Czech Republic Zděněk Kühn and Pavel Molek, the professor of international law at the University of Copenhagen Mikael Rask Madsen, the associate professor at KU Leuven Arthur Dyevre, the senior lecturer at the Department of Legal Theory and Legal Doctrines at the Faculty of Law of the Charles University Jan Wintr and other prominent guests.

Languages of the Conference

Cooperation