Postępowanie w przedmiocie nominacji sędziowskich w czeskim porządku prawnym

Abstract

The analysis of the procedure for appointment of judges shows that it is mostly influenced by the judicial community. Diminishing influence of the executive branch on the consecutive stages of the procedure is also apparent. There are no doubts that a right of access to the public service should be based on the clear and universal principles (i.e. principle of equality). The Czech constitutional law corresponds to European standards. It is worth emphasizing that the constitutionalization above-mentioned principles could give more guarantees to the judicial power. The procedure of appoint judges in the Czech Republic is characteristic because of two reasons. Firstly, the procedure consists of several steps (administrative-judicial, governmental, presidential), secondly its substantial part is not the subject of the regulation. In the procedure, the President goes beyond the sphere in which he embodies the majesty of the state and operates as an organ of public administration, there must be control of such actions. If we assume that, under the check and balance principle, the President of the Republic has to have real influence on the appointment procedure, a system of protection of candidates for judges should be established.