Publikácia rozhodnutí

Počet vyhľadaných dokumentov: 1

Zoradiť podľa:

Počet vyhľadaných dokumentov: 1

Zoradiť podľa:

  • Článek
On the unification of case law and its pitfalls after ten years of the Civil Procedure Code. The article analyses the development and current role of the Grand Chamber of the Supreme Court of the Slovak Republic (hereinafter referred to as Grand Chamber) as a key mechanism for the unification of case law ten years after the entry into force of the Civil Procedure Code. Building on the author's earlier work on the concept of established case law, the article argues that the normative strengthening of judicial precedents under the new procedural rules has brought not only higher demands for consistency in legal interpretation, but also new systemic risks. The core of the analysis focuses on the relationship between proceedings before the Grand Chamber and the publication mechanisms of the Collection of Opinions of the Supreme Court and Decisions of Slovak Courts, particularly in situations where a decision is published while unification proceedings are still pending. Special attention is paid to the constitutional dimension of the Grand Chamber, including the obligation to refer cases to it and the requirement of its predictable composition in light of the principle of the lawful judge. The article concludes by outlining possible directions for future development, both at the level of internal court regulations and de lege ferenda, with an emphasis on maintaining a delicate balance between the unity of case law and a high degree of judicial specialisation.