The principle of legal certainty and the uniformity of decision-making in civil proceedings
pdf (Slovak)

Keywords

legal certainty, judicial uniformity, prejudiciality, rule of law

Abstract

This study explores the fundamental role of legal certainty and uniformity of judicial
decisions in ensuring a stable and predictable civil justice system. It analyzes mechanisms
such as the Supreme Court’s unifying opinions, grand chamber decisions, and the doctrine of
prejudiciality, emphasizing their importance for safeguarding the rule of law. The paper
compares Slovak practices with foreign legal systems, highlighting the significance of
consistent jurisprudence for public trust and legal stability. It proposes de lege ferenda
measures, including mandatory referral of cases with conflicting judgments to the grand
chamber, to enhance legal certainty and prevent legal chaos. The findings underscore that
clear, well-founded decisions are essential for upholding justice, confidence, and the rule of
law in Slovakia.

pdf (Slovak)