The Role of Case Law and its Absence. Example of discrimination in employment and possible solutions
2017
Abstract
In the first part, this paper deals with the current role of case- law in Czech law. The main focus lies on the binding effects of judicial decisions.
The existence of case law is also a helpful tool when interpreting law, thus making law more predictable. On the other hand, the absence of case law can often have an opposite effect.
This is the case in discrimination law. The absence of case law makes victims of discrimination uncertain about the result of a potential court proceeding, incl. financial satisfaction.
This problem is dealt with in the second part of this paper. Possible measures to improve the position of victims of discrimination are introduced and discussed here.