Monday 19 June 2017
|19.00||Welcoming reception of Mr Pavel Šámal, President of the Supreme Court of the Czech Republic (Hotel International Brno, Restaurant Lucullus)|
TUESDAY 20 JUNE 2017
|09.00 – 09.30||Registration of participants|
|09.30 – 10.00||Opening of the Conference
Pavel Šámal, President of the Supreme Court of the Czech Republic
Thorbjørn Jagland, Secretary General of the Council of Europe
Bohuslav Sobotka, Prime Minister of the Czech Republic
Robert Pelikán, Minister of Justice of the Czech Republic
|10.00 – 11.30||Panel I. Theoretical Approaches to the Binding Effect of Judicial Decisions
Moderator: Michal Bobek
|‘The Binding Effect of the Case Law in the System of the Interpretative Methodology of the Continental Law’
Jan Wintr, associate professor at the Department of Legal Theory and Legal Doctrines, Faculty of Law, Charles University
|‘Constitutional Courts versus European Courts: On the Binding Effect of the Judgments’
Jean Paul Jacqué, visiting professor, College of Europe
|‘A Common Law Perspective on the Binding Effect of Judicial Decisions’
James Lee, Senior Lecturer, King’s College London
|‘A Normative Effect of the Case Law in Continental Supreme Courts’
Zdeněk Kühn, judge of the Supreme Administrative Court of the Czech Republic
|11.30 – 12.00||Discussion|
|12.00 – 14.00||Lunch (Hotel International Brno, Restaurant Lucullus)|
|14.00 – 14.30||Moderator: Emil Ruffer|
|‘Reflections on the Execution of the Court’s Judgments’
Keynote Speech by Mr Guido Raimondi, President of the European Court of Human Rights
|Discussant: Pavel Rychetský, President of the Constitutional Court of the Czech Republic|
|14.30 – 15.00||Discussion|
|15.00 – 15.30||Coffee break|
|15.30 – 17.00||Panel II. Binding Effect and Execution of the Judgments of the European Court of Human Rights
Moderator: Hubert Smekal
|‘Between Res Judicata and Orientierungswirkung – ECHR Judgments Before National Courts’
Jörg Polakiewicz, Directorate of Legal Advice and Public International Law, Council of Europe
|‘Preliminary Opinions pursuant to Protocol No. 16 to the ECHR: Finally a Platform for an Effective Dialogue between ECtHR and National Courts?’
Jiří Kmec, counsel at Havel, Holásek & Partners, Attorneys at Law
|‘Between Dualism and Erga Omnes Effects: The Bindingness of the European Convention in Danish Law’
Mikael Rask Madsen, professor of European law at the Faculty of Law, University of Copenhagen
|‘The Implementation of Judgments of the Strasbourg Court by the UK Courts and Parliament’
Laurence Lustgarten, professor at the Centre for Socio-Legal Studies, University of Oxford
|17.00 – 17.30||Discussion, summary and end of the first day|
|18.15||Departure from the Hotel to Löw-Beer Villa|
|18.30||Opening of the gala reception|
|18.45||Group photography of the participants of the Conference|
|19.00 – 22.00||Reception (Löw-Beer Villa) and visit of Villa Tugendhat|
Wednesday 21 June 2017
|09.00 – 10.00||Panel III. Binding Effect and Execution of the Judgments of National Courts
Moderator: Pavel Molek
|‘The Binding Effect of the Supreme Court Case Law’
Pavel Šámal, President of the Supreme Court of the Czech Republic
|‘The Binding Effect of the Supreme Administrative Court Case Law’
Jan Passer, judge of the General Court of the Court of Justice of the European Union
|‘The Binding Effect of the Case Law: The Czech Constitutional Court Perspective’
Vojtěch Šimíček, judge of the Constitutional Court of the Czech Republic
|10.00 – 10.30||Discussion|
|10.30 – 11.00||Coffee break|
|11.00 – 12.30||Panel IV. Binding Effect and Execution of the Judgments of the Court of Justice of the European Union
Moderator: Zuzana Vikarská
|‘The Two Aspects of the Binding Effect of Decisions: A Direct Action and the Case Law of the CJEU’
Irena Pelikánová, judge of the General Court of the Court of Justice of the European Union
|‘The Binding Effects of Decisions of the Court of Justice on Preliminary Rulings’
Michal Bobek, Advocate General of the Court of Justice of the European Union
|‘Why Do Domestic Judges Cooperate with Supranational Adjudicators? Judicial Behaviour and Institutional Consolidation in the European Union’
Arthur Dyevre, associate professor of Legal Theory, Institute for Human Rights and Critical Studies, Leuven University
|12.30 – 13.00||Discussion|
|13.00 – 14.30||Lunch (Hotel International Brno, Restaurant Lucullus)|
|14.30 – 15.30||Moderator: Aleš Pavel|
|Keynote Speech: ‘Court of Justice and National Courts: A Transparent Dialogue’
Koen Lenaerts, President of the Court of Justice of the European Union
|Discussant:Catherine Barnard, professor of the European Union Law, University of Cambridge|
|15.30 – 16.00||Discussion, summary and conclusions|
|16.00||Closing of the Conference
Summary of the discussions during the conference and concluding remarks by Christos Giakoumopoulos, Director of Human Rights of the Council of Europe
Concluding remarks by Pavel Šámal, President of the Supreme Court of the Czech Republic
|16.00 – 16.45||Cocktail|
|16.45 – 18.45||Sightseeing in the historical centre of Brno|
Koen Lenaerts, the President of the Court of Justice of the European Union. He was born in 1954 and within his university studies earned licencié en droit (Diploma in Law), Ph.D. in law (Katholieke Universiteit Leuven), Master of Laws and Master in Public Administration (Harvard University). He worked as a lecturer (1979-83), subsequently as a professor of European Law at the Katholieke Universiteit Leuven (since 1983), a Legal Secretary at the Court of Justice (1984-85), a professor at the College of Europe, Bruges (1984-89), a member of the Brussels Bar (1986-89) and a visiting professor at the Harvard Law School (1989). He was a judge at the Court of First Instance of the European Communities from 25 September 1989 to 6 October 2003 and became a judge at the Court of Justice on 7 October 2003. He served as the Vice-President of the Court of Justice from 9 October 2012 to 7 October 2015 and is currently its President since 8 October 2015.
Guido Raimondi, the President of the European Court of Human Rights. He was born in Naples (Italy) in 1953 and earned the master’s degree in law in 1975. He worked as an assistant to the Head of the Department of International Law at the Faculty of Law in Naples from 1976 to 1977. Between 1977 and 1986, he served as the judge of a lower court specialising on the civil and criminal matters. He served in the judiciary until 1986 when he was assigned to the Legal Department of the Ministry of Foreign Affairs (Servizio del Contenzioso diplomatico). From 1989 to 1997 he was a co-agent of the Italian government before the European Court of Human Rights. Subsequently, he worked in several expert boards of the Council of Europe. Between 1997 and 2002, he served in the Advocate General’s office and then as a judge of the Supreme Court of Italy. In May 2003, he joined the International Labour Organization (ILO) as a Deputy Legal Adviser and in February 2008 became the Legal Adviser of this organisation. He has been a judge of the European Court of Human Rights since 5 May 2010 and its President since 1 November 2015. He authored numerous publications in the field of international law concerning human rights in particular.
Pavel Rychetský (*1943) graduated from the Faculty of Law, Charles University, Prague („Charles Law Faculty“) in 1966 and passed both his doctoral and judicial examinations in 1967.
He became an assistant professor of Civil Law, Charles Law Faculty, but was forced to leave after the 1968 Soviet occupation. He worked as company lawyer until the end of 1989. In the “Normalization” era, Pavel Rychetský engaged in civic resistance against the totalitarian regime, was a co-founder and one of the first signatories of Charter 77, and published articles in foreign journals and Czech samizdat. He was a member of the Civic Forum and its Council of the Republic.
During the 1990s, he was appointed the Czech Prosecutor General, the Deputy Prime Minister of the Government of the Czech and Slovak Federal Republic (CSFR; June 1990 – July 1992), Senator in the Senate, Parliament of the Czech Republic (1996 – 2003), where, until becoming Deputy Prime Minister, he was Chairman of its Constitutional Law Committee and a member of its Mandate and Immunity and Organizational Committees. In 1998–2002 he was Deputy Prime Minister of the Czech Government. From 15 July 2002 to 5 August 2003 he again served as Deputy Prime Minister, as well as Minister of Justice and Legislative Council Chairman.
On 6 August 2003, after the Czech Senate had given its consent to his appointment, he was appointed a Justice and the President of the Constitutional Court of the Czech Republic („Constitutional Court“) by President Václav Klaus. He was reappointed a Justice and the President of the Constitutional Court by president Miloš Zeman on 7 August 2013.
Pavel Šámal, the President of the Supreme Court of the Czech Republic since 22 January 2015 and the professor of criminal law of the Faculty of Law of the Charles University and the Comenius University in Bratislava. After the successful completion of his studies at the Faculty of Law of the Charles University in Prague in 1977 he received his doctorate degree (JUDr.) in 1980 and he earned his Ph.D. in 1999. He was appointed the associate professor of criminal law in 2001 and subsequently the professor of criminal law, criminology and criminalistics by the President of the Czech Republic in 2006. He began his judicial career at the District Court in Most where he worked from 1979. Later on, he worked as a judge at the Regional Court in Ústí nad Labem and became a judge at the Supreme Court in 1991. He is a judge and a presiding member of a panel of the Criminal Division of the Supreme Court. Furthermore, he has been a member of a working committee of the Government Legislative Council of the Czech Republic for criminal law and a member of the editorial boards of law journals Právní rozhledy, Bulletin advokacie, Soudní rozhledy, Trestněprávní revue and Collection of Decisions and Standpoints – Selection of the Decisions of the European Court of Human Rights, considered to be of the highest importance for the Czech judicial practice by the Supreme Court. He is a member of the International Association of Penal Law (Association Internationale de Droit pénal) since 2002 and a member of the Scientific Councils of the Faculty of Law of the Masaryk University in Brno and the Faculty of Law of the Charles University in Prague. He is also a member of the Commission for the Recodification of Substantive and Procedural Criminal Law, established by the Ministry of Justice.
Jan Passer is the judge of the General Court of the Court of Justice of the European Union. Before his appointment to the Court he worked as a judge of the Supreme Administrative Court of the Czech Republic. He holds a law degree from the Faculty of Law, Charles University in Prague. From 2001 until 2005 he served as a judge of the Circuit Court for Prague 2. From September 2004 until August 2005 he was temporarily assigned to the Supreme Administrative Court, thereafter (in September 2005) he became its permanent member. From 2001 to 2003 he was an external lecturer at the Faculty of Social Sciences, Charles University and currently, he is an external lecturer at the Faculty of Law, Masaryk University, and the Judicial Academy, both in the area of European law. He successfully completed several work and study abroad programmes. Furthermore, he represents the SAC in the EU Forum of Judges for the Environment (EUFJE) and is the founding member of the Czech Society for European and Comparative Law.
Jörg Polakiewicz is Director of Legal Advice and Public International Law (Legal Adviser) of the Council of Europe since 1 October 2013. Between 2010 and 2013 he was head of the human rights development department in the Council of Europe, overseeing the Council’s intergovernmental and cooperation work related to human rights, including reform of the European Court of Human Rights, accession of the European Union to the European Convention on Human Rights, and capacity-building activities in Eastern and Central Europe.
Between 2008 and 2010, he was head of the law reform department, covering judicial co-operation and standard-setting in criminal, civil and public law. During this period he served as secretary to the committee set up under the Budapest convention on cybercrime (T-CY) and oversaw the launching of the modernisation of data protection Convention 108.
He joined the Council of Europe in 1993, working on constitutional reform in Eastern and Central Europe (with European Commission for Democracy through Law – Venice Commission), and subsequently in the Council of Europe’s legal service and human rights law and policy division.
He is also a professor at the Europa-Institut of the University of the Saarland in Saarbrücken. From 1986 to 1993, he was a research fellow at the Max Planck Institute for Comparative Public and International Law in Heidelberg. In addition to numerous articles on international, European and constitutional law, he is co-editor of Fundamental Rights in Europe (Oxford University Press 2001), author of Treaty-making in the Council of Europe (Council of Europe Publishing 1999) and The Obligations of States arising from the Judgments of the European Court of Human Rights (Springer) which was published in German in 1993.
Christos Giakoumopoulos, Director of Human Rights in the Directorate General of Human Rights and Rule of Law of the Council of Europe. He was born in 1958 and studied law in Greece and France (Master’s Degree in Private International Law and European Law). Since joining the Council of Europe in 1987, he held important posts in the Registry of the European Court of Human Rights and the Venice Commission. He was also Director of the Office of the Council of Europe’s Commissioner for Human Rights, Alvaro Gil-Robles, and the General Counsel and General Director for Legal and Administrative Affairs of the Council of Europe Development Bank in Paris. Mr Giakoumopoulos was appointed Director of Monitoring in the Directorate General of Human Rights in 2006, and Director of Human Rights in the Directorate General of Human Rights and Rule of Law in 2011. In parallel with occupying these posts in the Council of Europe, he performed other important functions such as, for example, the Secretary of the Advisory Committee on Disputes and Registrar of the Council of Europe’s Administrative Tribunal and the Special Adviser of the Secretary General of the Council of Europe for Ukraine.
Irena Pelikánová is the judge of the General Court of the Court of Justice of the European Union and the professor of commercial law at the Faculty of Law of the Charles University. She was a member of a working group of the Government Legislative Council between 1998 and 2004 and a member of the board of the Commission for Stocks and Shares. Furthermore, she worked as an attorney at law and authored a five-volume commentary on the Czech Commercial Code and various textbooks on commercial law. She also specialises in comparative commercial law, especially in the context of French law.
Ambassador Emil Ruffer is the Permanent Representative of the Czech Republic to the Council of Europe, since 2016.
Prior to this, he was Deputy Director (2007-2008) and then Director (2008-2016) of the EU law Department in the Ministry of Foreign Affairs of the Czech Republic. Among other diplomatic posts, he was Third Secretary at the Czech Embassy in London during the United Kingdom Presidency of the Council of the EU. He has carried out functions in Berlin and London during his time at the Diplomatic Academy of the Czech Ministry of Foreign Affairs.
Michal Bobek was born in 1977. He obtained a master’s degree in law and master’s degree in international relations (Charles University in Prague); diploma in English law and the law of the European Union (University of Cambridge); Magister Juris (University of Oxford, St. Edmund Hall); Doctor of Laws (European University Institute, Florence). Moreover, he studied at the Université libre de Bruxelles and the University of Queensland (Australia). He worked as a Legal Secretary to the President of the Supreme Administrative Court of the Czech Republic (2005-09) and Head of the Research and Documentation Department of that court (2008-09). Michal Bobek qualified to perform the duties of a judge in the Czech Republic in 2009. He became the fellow (2011-12) and research fellow (2013-16) at the Institute of European and Comparative Law of the University of Oxford and worked as a Professor at the College of Europe in Bruges (2013-15). He was a member of the Board of Appeals of the Czech National Bank (2013-15). In 2013-2015, he was an ad hoc judge at the European Court of Human Rights. He co-founded and presides the Czech Society for European and Comparative Law. He has a rich experience as a lecturer and visiting professor at numerous universities in Europe and elsewhere; authored numerous publications in the field of EU law, European human rights, comparative (public) law and legal theory. Since 7 October 2015 he has been appointed an Advocate General at the Court of Justice of the European Union.
Born in a distinctive cultural and industrial Moravian-Silesian metropolis of Ostrava in 1969, he spent a happy childhood there, which resulted in his calm and balanced personality. In 1992, he graduated from the Masaryk University in Brno, School of Law, where he obtained his Ph. D. later in 1995 and became an associate professor there in 2001. He studied in Regensburg, Bochum and Vienna. In addition, he spent five months as an intern in German Bundestag. He loved it everywhere, however, he never really thought about working abroad. In 1996 – 2003, he worked as a law clerk of a Constitutional Court justice. In 2003, he was appointed a judge of the Supreme Administrative Court. Apart from being a president of financial administration collegium, he also served as a president of the seven-member chamber for the electoral matters, matters of local and regional referendum and matters concerning political parties and political movements, and a president of the six-member disciplinary chamber for judges. Since 1992, he also teaches constitutional law and courses related to it at the Masaryk University in Brno, School of Law. He is an author or a co-author of tens of specialized texts and publications published in the Czech Republic and abroad, he edited several collections of papers, and he is a member of certain editorial boards. He is happily married to a beautiful, tolerant, funny and witty wife, and a father to three mostly well-behaved and kind children. Except of customary upbringing of his kids, he spends his free time passionately indulged in (mainly) collective sports. This joy is in no way spoiled by the fact that he is regrettably not good at any of them.
The President of the Czech Republic appointed him a Justice of the Constitutional Court on 12 June 2014.
Zdeněk Kühn, the judge of the Supreme Administrative Court of the Czech Republic. He earned law degrees at the Faculty of Law of the Charles University in Prague and at the University of Michigan Law School, Ann Arbor, USA. He worked as a law clerk from 1997 to 2001 and in 2000 passed the bar examination. Since 2000, he has worked as an assistant professor and since 2006 as an associate professor at the Department of Legal Theory and Legal Doctrines, Faculty of Law, Charles University in Prague. He was a law clerk at the Constitutional Court from 2004 to 2007 and a member of the Government Legislative Council between 2006 and 2007. In 2008, he was appointed as a judge and assigned to the Supreme Administrative Court. Furthermore, he is an author of several books and numerous articles which have been published in the Czech Republic and abroad.
Pavel Molek studied law at the Faculty of Law of Masaryk University and political sciences at the Faculty of Social Studies of Masaryk University. He also successfully completed a one-year study programme at the Universidade Católica in Lisbon in the academic year of 2009/2010. During the years 2003-2013, he worked as a law clerk at the Supreme Administrative Court. Between 2013 and 2015 he was also a law clerk at the Constitutional Court. Since 1 January 2016 he has been appointed as a judge and assigned to the Supreme Administrative Court of the Czech Republic. At the same time, he is involved in teaching and scientific research activities at Masaryk University in Brno where he became an associate professor in the field of the constitutional law in 2015. He is also a visiting lecturer at the Universidade Católica in Lisbon and the author of several books and numerous articles published in the Czech Republic and abroad. Since 2004 he has been writing commentaries on the case-law of the Supreme Administrative Court for the law journal Soudní rozhledy and is a member of its editorial advisory board.
Aleš Pavel graduated from the Law Faculty of Masaryk University in Brno. After successfully completing his studies, he worked since 2002 as an assistant to JUDr. Iva Brožová, the President of the Supreme Court, as well as the Foreign Relations Officer of the Supreme Court, where he dealt in particular with the case law of the European Court of Human Rights in the Supreme Court’s decision-making practice. From 2004 to 2005, he was also a spokesperson of the Supreme Court, and since 2006 he has been intensively devoted to the application of EU law by Czech courts as a Head of Department of Foreign Affairs. He has completed several important foreign internships, in particular an internship in the office of the House of Lords or at the Court of Justice of the European Union.
Since 2013, he is the Head of the Office of the President of the Supreme Court, executive editor of the Selection of Important Judgments of the European Court of Human Rights for Judicial Practices. He is an external lecturer at the Faculty of Law of Masaryk University in Brno. He publishes and specializes particularly in European Consumer Law.
Professor Catherine Barnard is Professor of European Union Law and the Jean Monnet Chair of EU Law in the Faculty of Law at the University of Cambridge. She is also Senior Tutor of Trinity College. Her research interests include European Union law, labour and discrimination law, and competition law.
She has an MA from the University of Cambridge, an LL.M. from the European University Institute, and a PhD from Cambridge. Professor Barnard is a Fellow of Trinity College.
Professor Barnard authored several books (European Union Law, Oxford University Press 2014, The Substantive Law of the EU: The Four Freedoms, OUP 4h Edition 2013; The Law of the Cingle European Market: Unpacking the Premises, co-authored with Joanne Scott, Hart Publishing 2010; The Outer Limits of European Union Law, co-authored with Okeoghene Odudu, Hart Publishing 2009; or EC Employment Law, OUP 3rd edition 2006). She also published many articles on EU employment law, the EU Charter of the fundamental rights, discrimination and single market.
Jean Paul Jacqué
Prof. Jean Paul Jacqué holds a doctorate in Law. He is Professor at the University of Strasbourg, Faculty of Law and Political Science since 1978 and a Professor at the College of Europe since 1988. He is also Visiting Professor at other universities, including universities of Barcelona, Louvain, Lisbon, Madrid and Santiago de Chile. He is a Secretary General of the Trans European Policy Studies Association (TEPSA). Before joining TEPSA as Secretary General, he was Director of the Legal Service of the Council of the European Union from 1992 to 2008, Director of the Institut des Hautes Etudes Européennes Strasbourg (1974-1977); Dean of the Law and Political Science Faculty, Strasbourg (1977-1981); President of the University Robert Schuman, Strasbourg (1983-1990); Secretary-General of the International Institute for Human Rights – René Cassin Foundation (1990-1992). Professor Jean Paul Jacqué is now a Honorary Director General and Special Councellor in the Council. He is the author of books and articles on Constitutional and Administrative Law; International Law and Human Rights; as well as European Law.
Laurence Lustgarten is an Associate Fellow at the Centre for Socio-Legal Studies, The University of Oxford. He was formerly Professor of Law at the University of Southampton, and a Commissioner of the Independent Police Complaints Commission. He has published books on national security and parliamentary democracy; on the constitutional status and accountability of police in England and Wales; on racial discrimination law in Britain, and on the impact of libel law on the media in England. He has also been active in promoting human rights, lecturing to judges and government officials on behalf of the Council of Europe.
Mikael Rask Madsen
Mikael Rask Madsen, professor of the European Law at the Copenhagen University and the Director of the research centre iCourts. Professor Madsen studied legal sociology at the International Institute for Sociology of Law in 1997, legal science at the Copenhagen University in 1998 and he also earned the doctor of legal sociology degree at École des Hautes Études en Sciences Sociale in Paris. As a researcher and a teacher, he also worked at the California University in Berkeley and in Sciences Po – L’Institut d’études politiques in Paris. He worked as a law professor at the Faculty of Law at Copenhagen University since 2010 and from 2012 as the Director of the Danish National Research Centre of Excellence for International Courts – iCourts. Within his research he deals with topics of globalisation, international courts and judges and the relation between the law and the global integration. He contributes to law journals. He engages mainly in the European Court of Human Rights, the question of judicial appointment and the personal agency, international and regional regimes of protection of human rights, empirical researches and the sociology of law or the development of the law and its impact on the elites, networks and institutions.
Arthur Dyevre works in the fields of legal theory, judicial behavior, European integration, comparative law and comparative politics. Prior to coming to KU Leuven, he has held research fellowships at various institutions across Europe, including the European University Institute in Florence, the Centro de Estudios Politicos y Constitucionales (CEPC) in Madrid, and the Max Planck Institute for Comparative Public Law and International Law in Heidelberg.
His current work focuses on the application of automated content analysis techniques to legal texts; the interplay between national courts and the European Court of Justice in the EU; and the empirical foundations of the rationale for judicial review of legislation.
He authored several books (Comparative Constitutional Reasoning, Cambridge University Press 2017; The Future of Legal Theory and the Law School of the Future, Acta Falconis, Intersentia 2015) and articles in international reviewed journals.
Zuzana currently works as an Assistant Professor at the Masaryk University, Department of Constitutional Law, and assistant to judge at the Constitutional Court. Zuzana studied law at the Charles University in Prague (2007-2012), KU Leuven (2011-2014), and the University of Oxford (MJur 2014-2015) specialising in EU economic law. She got involved in a number of moot courts (ELMC, CEEMC, EHRMC), both as a participant and as a coach.
Between 2012 and 2014, Zuzana worked as a research and teaching assistant with Professor Wouter Devroe at the “Consumer, Competition & Market” department of the Law Faculty, KU Leuven. She has also worked as a tutor of Legal English for practitioners, and as a junior lawyer for a law firm in Prague, specialising in EU pharmaceutical law and EU competition law.
Zuzana is currently working on her MPhil thesis on national identity and the EU internal market, under the supervision of Professor Stephen Weatherill. She is a member of Harris Manchester College.
Jan Wintr, associate professor at the Department of Legal Theory and Legal Teachings of the Faculty of Law of the Charles University of Prague. He earned degrees of law, history, politics and theoretical legal sciences at the Charles University. Within his research he specialises on the field of interpretation of law and the legislation, the parliamentary culture and the constitutional judiciary. He authored various publications, e.g. Metody a zásady interpretace práva (Praha: Auditorium 2013, Česká parlamentní kultura (Praha: Auditorium 2010), and Říše principů. Obecné a odvětvové principy současného českého práva (Praha: Nakladateství Karolinum 2006). He is also co-author of 20 let Ústavy České republiky, Komentář, Listina základních práv a svobod (Praha: Wolters Kluwer 2012), Ústava ČR – vznik, vývoj a perspektivy (Praha: Leges 2011) and many others.
Hubert Smekal holds a PhD in European Studies from Masaryk University, Brno, where he currently works as an assistant professor. He spent a year (2010–2011) as a Fulbright– Masaryk Scholar at the Center for the Study of Law and Society, University of California, Berkeley. He co founded the Czech Centre for Human Rights and Democratization and serves as a member of the Human Rights Council of the Czech Government. His academic interests take in the issues of human rights, the political role of the CJEU and ECtHR, and judicialization of (international) politics. Smekal has published articles in European Constitutional Law Review, Netherlands Quarterly of Human Rights, and Journal of Mixed Methods Research. He has authored two books on human rights, co edited five volumes, and published a number of book chapters and articles in peer-reviewed journals.
James Lee is Senior Lecturer in Private Law at The Dickson Poon School of Law, King’s College London and an Associate Academic Fellow of the Honourable Society of the Inner Temple. He is also an elected member of the Executive Committee of the Society of Legal Scholars and Co-Convenor of the Society’s Restitution Subject Section. James has written widely on judicial reasoning in supreme courts, and was the editor of a major book: From House of Lords to Supreme Court: Judges, Jurists and the Process of Judging (Hart, 2011). His most recent articles on the subject are ‘The Judicial Individuality of Lord Sumption’ (2017) 40(2) University of New South Wales Law Journal 862 http://www.unswlawjournal.unsw.edu.au/sites/default/files/402_15.pdf, ‘The United Kingdom Supreme Court: A Study in Judicial Reform’ for E Guinchard et M-P Granger (eds) The new EU Judiciary – An analysis of current judicial reforms (Kluwer, forthcoming 2017) and (with Man Yip) ‘The Commercialisation of Equity’ Legal Studies (Early View) http://onlinelibrary.wiley.com/doi/10.1111/lest.12167/full. More broadly, James works on the study of law reform, including co-editing, with Matthew Dyson and Shona Wilson Stark, Fifty Years of the Law Commissions: The Dynamics of Law Reform (Hart, 2016). Finally, James is Co-Editor, with Jamie Glister, of the best-selling English Trusts textbook, Hanbury and Martin: Modern Equity, the 20th edition of which has been cited in the English High Court, the Alberta Court of Appeal and the Supreme Court of Canada. The 21st edition will be published in 2018.
Jiří Kmec is a counsel at Havel, Holásek & Partners. He specialises in litigation, administrative proceedings and arbitration, insolvency and restructuring, as well as in issues of criminal liability of legal entities (compliance). He studied law at the Faulty of Law at the Charles University in Prague and earned Ph.D. degree in 2006 in the field of constitutional law, criminal law, criminology, criminalistics and politics at the Faculty of Social Sciences of the Charles University. Prior to joining Havel, Holásek & Partners in 2013, Jiří Kmec worked for almost eleven years at the Czech Ministry of Justice in the Office of the Government’s Agent before the European Court of Human Rights, and since 2011 as the Deputy Agent. In this position, he was mainly involved in the representation of the Czech Republic in more than 150 litigation matters before this court and also before the United Nations Human Rights Committee. He spoke on the topics concerning the European system of human rights protection as a guest lecturer mostly at the Czech Judicial Academy and at the Faculties of Law in Prague and in Pilsen. He is the editor and the main author of the Commentary on the European Convention on Human Rights (C. H. Beck, 2012) and the author of the book on European Criminal Law (C. H. Beck, 2006). He is also a member of the Legislative Council of the Czech Government (Commission on Penal Law) and the Ministry of Justice’s Committee for the new Criminal Code.