Alžbeta Nemeškalová Rosinová
Author’s affiliation: Faculty of Law, Masaryk University Brno

The Objective Test of Impartiality in the Case of the Relationship between the Judge and the Litigants or Their Counsels

Jurisprudence 6/2017 Section: Articles Page: 30-39

Keywords: impartiality of judge, objective test, recusal, bias, relation to litigants, relation to counsels

Abstract: The article deals with the objective test of impartiality used by the European Court of Human Rights and the Czech courts and points to its shortcomings in practice. As a solution, it proposes to specify the individual criteria that need to be taken into account when deciding on a motion for the disqualification of a judge. The article is based on the criteria applied in some decisions of the Czech supreme courts on the disqualification of judges for bias. The article tries to identify these criteria and place them in a coherent algorithm, the use of which would lead to a more transparent and convincing decision making on the disqualification of a judge.