The European Court of Human Rights and Czech Private Law: On Measures Take after Judgments of Violation

The author summarizes the European Court of Human Rights’ case law against the Czech Republic regarding questions of private law, be it substantial or procedural, and goes on to describe individual and general measures of execution taken in consequence thereof. As to the individual measures, the Czech legal order does not allow for reopening of domestic proceedings in the sphere of private law, unlike in criminal cases where it is possible before the Constitutional Court, although it is obviously possible to file a fresh action where appropriate. The general measures of execution influenced inter alia the Act on Nocstitutional Court, the Code of Civil Procedure or the Act on Insolvency, the amendment being sometimes preceded by a change of judicial practice, whereas the regulation of property restitution after the end of the Communist regime has not been directly affected due to the transitory nature of this legislation. However, other laws await amendments, in particular as regards the possibility of a judicial scrutiny of mergers of companies (squeeze-out) and the reasons behind the removal of children from parental care. Nevertheless, the Strasbourg case law has influenced the Czech legal order indirectly, too, without passing through a judgment against the Czech Republic.