JUDr. Ondřej Moravec
The effort for unified execution of judicial power is inherent to law and it is of no importance whether we talk here about the common law system or the continental model. In the background of this effort we can see three closely connected values. In the first place it is equality of individuals in their rights expressed by the rule that similar cases should be judged in a similar way. Further it is the principle of predictability of court decisions, in the spirit of which the potential parties to the proceedings can rightfully expect that the legal question constituting the subject of their dispute will be decided at court similarly as it was in previous disputes of other persons. The third interest justifying the attention devoted to the unifying mechanisms is strengthening of authority and credibility of judicial power by making its execution internally consistent. These three interests should be on mind both in the formation of institutional framework in which the case law is being unified, and in the actual execution o unification activity itself.
The complex of problems of normative meaning of the results of unification activities of the highest courts is closely related to the issue of precedent binding character of case law itself. I do not think it necessary to deal with this issue in more detail, but shall restrict myself on stating that in the continental system of law case law has its normative importance, although it is not binding corresponding to formal source of law. It is therefore evident that the results of unification activity will be projected in the application of law in future disputes.

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