Judgment of the Constitutional Court of the Czech Republic No II. ÚS 105/01 of 3 July 2001

A judge, as a representative of public authority, may be (and often is) a target of unjustified criticism in the media; at the same time, however, a higher degree of tolerance and perspective than for individual citizens should be anticipated and demanded. It should also be taken into account that the principle of independent, impartial and fair decision making is essential for the functioning of the judiciary, and judges have a legal, constitutional, and moral duty to observe this principle.

A judge may be disqualified from hearing and adjudicating on a case only when it is evident that the judge’s relationship to the case, the parties, or their representatives is of such a nature and intensity that, notwithstanding his statutory obligations, he will have neither the ability nor the capacity to decide independently and impartially. These are clearly cases where the judge is also on the side of a party or witness or where his rights could be prejudiced in the proceedings; this equally applies if the judge has family, friendly, or manifestly hostile relations or a relationship of economic dependence with the parties to the proceedings. 

keywords
requirements for judges
independence
impartiality
person participating in proceedings
the relationship of economic dependence
about the authors

Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.

e-mail: office@ablegal.cz