Abstrakt
The judicial protection of rights has its unchanging goal and purpose in the conception of the rule of law. It should provide protection to violated or endangered rights through an authoritative decision of an independent and impartial court, and if it is not respected voluntarily, then enforce it.
As regards the rule of law, a firmly determined procedure in the protection of rights brings stability to a society and increases trust in the resolution of legal disputes in the society. At the same time the proceedings of the court must be effective, speedy, and economic.
The parties to civil cases, however, are confronted with ever growing demands of the civil procedure when they must actively contribute to the formulation of the legal opinion. In spite of the gradual modification of the impacts of the principle of iura novit curia, it is the court which remains responsible for the correct application of law and will not and cannot be bound by the legal opinions of the parties to the proceedings.
The perspectives of the development of the judicial protection of rights are connected mainly to the efforts to make court proceedings more effective. Among the most significant recommended changes are, in particular, the strengthening of the active role of courts and making proceedings more speedy and economic, as well as increasing the possibility of the easiest access to court for all.
The future should belong to proceedings which are simple, quick, not costly, and which appropriately ensure the judicial protection of rights.