Radka Zahradníková

Elements of modern continental civil procedure required for the effective provision of judicial protection

Jurisprudence 2/2014 Section: Articles Page: 9-19

Keywords: modern continental civil procedure, provision of judicial protection

Abstract: The article aims to analyze the development of modern civil procedure in the Czech Republic since 1989 and assess the nature of the legislative changes that have been made and will be adopted in the framework of the provision of more effective judicial protection. Its aim is mainly the theoretical analysis of the newly introduced elements of modern civil procedure since 1989 and assessment how their anchoring in Civil Procedure Code reflected in the implementation of the principles of fair trial. When achieving this objective, comparison of the examined elements of modern civil procedure with the German, Austrian, French, and Swiss law is being made. It also makes an analysis of case law that reflected the introduction of modern elements in the civil procedure in the past. Furthermore, it also analyses in a comprehensive way future legislative work and later adopted legislative solutions related to the implementation of other elements of modern civil procedure designed to streamline justice and also in connection with the re-codification of substantive law. It also seeks to detect other areas where, through the introduction of modern elements of civil procedure a more effective judicial protection may be provided. These deliberationss de lege ferenda are demonstrated also on the basis of comparison with German, Austrian, French and Swiss legislation.