Journal of the Charles University Law Faculty
Tomáš Holčapek
Author’s affiliation:
Faculty of Law, Charles University in Prague
“Other citizens” and their involvement in the decision-making of civil courts
Jurisprudence 2/2025 Section: Articles Page: 12-18
Keywords: civil courts, judges, court clerks, lay judges
Abstract: Decision-making in courts is not an exclusive domain of judges. Whether, and to what extent, should non-judges participate in it has remained a relevant question for the whole existence of courts staffed by professional judges. The level of involvement of these “other citizens” (as called by Article 94 paragraph 2 of the Constitution) varied in time. Sometimes they were given prominence as a means of connecting justice with the people, the latter being the source of all state power (Article 2 paragraph 1 of the Constitution). Sometimes their role diminished. These persons are not just the lay judges, but also various other “non-judges”, such as court clerks, judicial assistants and others. Even their appraisal develops in time, as the case law of the Constitutional Court shows. The critical problem is how to reflect several contradictory factors, including legitimacy, independence, efficiency, protection of the parties’ rights, or type of the case subject matter.
