Conference THE JUDICIAL OPINION IN ACADEMIC AND PRACTICAL PERSPECTVIVE

08 November 2010

JUDICIAL OPINION IN ACADEMIC AND PRACTICAL PERSPECTIVE

German version

Constitutional Court of the Czech Republic, Supreme Court of the Czech Republic, Supreme Administrative Court of the Czech Republic
 
in cooperation with
 
the Centre for Comparative Law of Faculty of Law of the Charles University in Prague and the Institute for German and Foreign Civil Procedural Law, Dept. II, University of Freiburg
 
with support of Alexander von Humboldt Foundation and Hugo Grotius Foundation
 
host
 
Conference
 
JUDICIAL OPINION IN ACADEMIC AND PRACTICAL PERSPECTIVE
 
on November 9 - 10, 2010 in the building of the Constitutional Court, Brno, Joštova 8
 
 
 
MISSION
 
The conference aims at a thorough analysis of the basic problem of opinions in judicial decisions and intends to deliver important results for the future development of the national and European procedural legal culture. The court order itself (tenor) is normally very short. The judicial opinion, however, which should be persuasive is often difficult to write, takes much time and is an interesting object of analysis. The court opinion reveals the thoughts of the judges, gives an impression of how they perceive reality and expresses their arguments. Despite its importance the judicial opinion yet enjoys but little academic attention on a national and international scale.
 
The conference begins with a comparative analysis that shows how the judicial opinion has developed and still develops in different legal cultures. Furthermore, the presentations will address specific aspects of the judicial opinion. The focus will be on the strengths and weaknesses of the respective procedural cultures. The conference investigates the bases for an improvement of judicial opinions in practice and perhaps for future legislative reform of the law of judicial opinion in constitutional and civil procedure.
 
The conference is structured as follows: the first day is dedicated to a comparative analysis of the governing basic models of the former socialist countries, of the German legal family, France and of the Anglo-American procedural laws including the models of the European courts (ECHR, ECJ). The second day the focus will be on structural issues of the opinions given in judicial decisions as outlined in the attached program.
 
 
Interpretation from English, German and Czech

 
 
 
PROGRAM
 
Unofficial part:
 
8.11. 2010
 
19:00 – a glass of wine for the participants served at the wine bar of Slavia hotel
 
9. 11. 2010: Overview, comparisons
 
Morning session (9.00 – 13.00)
 
• 9.00-9.20: Official speeches (JUDr. Rychetský, Chairman of the Constitutional Court, JUDr. Brožová, Chairwoman of the Supreme Court, JUDr. Baxa, Chairman of the Supreme Administrative Court)
 
• 9.20-9.30: Organizational comments and introduction to the topic
 
• National reports
 
- 9.30-10.00: Austria (Dr. Irmgard Griss, Chairwoman of the Supreme Court of Justice)
- 10.00-10.30: United Kingdom (Prof. Neil Andrews, Cambridge University)
- 10.30-11.00: France (Prof. Frédérique Ferrand, University of Lyon)
- 11.00-11.30: coffee break
- 11.30-12.00: Federal Republic of Germany (Prof. Peter Gottwald, University of Regensburg)
- 12.00-12.30: Slovenia (Prof. Marijan Pavčnik, University of Ljubljana)
- 12.30-13.00: discussion
 
Lunch break: 13.00-14.00.
 
Lunch for speakers and Constitutional Court judges is served in the basement hall of the Constitutional Court
 
Afternoon session (14.00 - 18.00)
 
- 14.00-14.30: Poland (Prof. Lech Morawski, University of Torun)
- 14.30-15.00: Slovakia (Prof. Alexander Bröstl, University of Bratislava)
- 15.00-15.30: USA (Prof. Peter Murray, Harvard University)
- 15.30-16.00: Czech Republic (Prof. Pavel Holländer, Constitutional Court of the Czech Republic, PF MU)
- 16.00-16.30: coffee break
- 16.30-17.00: European Court of Human Rights (Dr. Vít Schorm, government appointee representing the Czech Republic at the European Court of Human Rights)
- 17.00-17.30: European Court of Justice (Prof. Martin Nettesheim, University of Tübingen)
- 17.30-18.00: discussion
 
 
10. 11. 2010: Analysis of basic issues
 
Morning session (9.00 – 13.00)
 
• 9.00-9.30: Judicial reasoning – basic models and a comparison (Prof. Luboš Tichý, Charles University in Prague)
• 9.30-10.00: Purpose of the proceeding and judicial reasoning (Prof. Rolf Stürner, University of Freiburg, Germany)
• 10.00-10.30: Content of judicial reasoning (Prof. Uwe Kischel, University of Greifswald, Germany)
• 10.30-11.00: Basic structure of judicial decisions and their reasoning (Doc. Dr. Zdeněk Kühn, Supreme Administrative Court, PF UK, Czech Republic)
• 11.00-11.30: coffee break:
• 11.30-12.00: Publication of decisions with reasoning (Prof. Alexander Bruns, University of Freiburg, Germany)
• 12.00-13.00: discussion
 
Lunch break: 13.00-14.00
 
Lunch for speakers and Constitutional Court judges is served in the basement hall of the Constitutional Court
 
Afternoon session (14.00 - 18.00)
 
• 14.00-14.30: Uniform or majority opinion as a form of civil decision reasoning of supreme courts (Dr. Felix Maultzsch, Freiburg, Germany)
• 14.30-15.00: Judicial decision and separate opinion (Dr. Roderick Munday, Cambridge University, United Kingdom)
• 15.30-16.00: Judicial decision, remedies and publication of decisions (Dr. František Ištvánek, Supreme Court of the Czech Republic, Czech Republic)
• 16.00-16.30: coffee break:
• 16.30-17.00: Reasoning and remedies (Prof. František Zoulík, Charles University in Prague, Czech Republic)
• 17.00-17.30: discussion
• 17.30-18.00: Closing remarks: Prof. Tichý, Prof. Bruns, JUDr. Rychetský