Pavlína Hubková
Author’s affiliation: Faculty of Law, University of Luxembourg

International soft law in the decision-making of Czech administrative judiciary

Jurisprudence 5/2022 Section: Articles Page: 1-10

Keywords: international law, international soft law, national application, case law, administrative courts

Abstract: International soft law as a concept encompasses a large number of diverse international acts that are not legally binding but still are capable to produce legal effects. For national courts, international soft law presents a foreign element because it is adopted beyond the state and it defies the traditional binary concept of law, according to which legal norms are binding, otherwise they are not law. Nevertheless, this foreign element finds its way into the decision-making of Czech administrative courts. The article maps how and in which situations the administrative courts work with the concept of soft law and what consequences they draw from soft law.