Objections Challenging Impartiality
1. General Information
The Supreme Court deals with objections challenging impartiality when there is an application to exclude a Supreme Court judge from deciding on a specific case, particularly due to the judge's personal connection to the case or to the persons directly affected by the case, or if the judge previously ruled on the matter at a lower court. Such an application is decided by a different Panel of the Supreme Court, and this procedure is outlined in the Work Schedule.
At the Supreme Court, the exclusion of a judge from decision-making is dealt with under the Td agenda.
2. Who May Raise an Objection Challenging Impartiality
The law does not explicitly define the group of persons entitled to raise an objection challenging impartiality or file an application to exclude a Supreme Court judge from deciding on a case. However, it can be inferred that such an application may be made, for example, by the judge in question, the public prosecutor, or persons who may be directly affected by the decision.
3. Procedure and Decision on the Objection Challenging Impartiality
The Supreme Court reviews the application in a closed hearing.
If the objection challenging impartiality is deemed valid, a decision will be made to exclude the Supreme Court judge from deciding on a case, and subsequent steps will follow according to the Supreme Court’s Work Schedule.
No complaint is admissible against the Supreme Court's decision regarding the objection challenging impartiality.
Relevant Legislation:
- Act No 141/1961 Coll., the Code of Criminal Procedure, as amended
- Constitutional Act No 1/1993 Coll., Constitution of the Czech Republic, as amended
- Resolution No 2/1993 Coll., on the Declaration of the CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS as a Part of the Constitutional Order of the Czech Republic, as amended
- Act No 6/2002 Coll., on Courts, Judges, Lay Judges and State Administration of Courts and on the Amendment of Certain Other Acts (Act on Courts and Judges), as amended