Roe v. Wade may be the most discussed SCOTUS ruling right now, but there are other seminal rulings whose legacy is still alive – like Brown v. Board of Education. What does this ruling have in common with ECtHR’s D.H. and Others vs. the Czech Republic or Lautsi and Others vs. Italy? The subject of these (as well as other) cases are schools and its students, and they all made quite a splash when they came out. In fact, the waves are still felt to this day. On Monday, 9 May, a guest speaker Patrick Leisure tried to persuade JUSTINs that, similarly to SCOTUS, the ECtHR’s cases concerning schools have had a distinct and profound impact on human rights and that for this reason, the schools case law deserves to be treated as a distinct category of case law. His working hypothesis is that the academic versus social function of schools may provide some semblance of an answer, particularly where the issue in the schooling case concerns a social issue that the Council of Europe endorses (e.g. antidiscrimination).
What are informal judicial institutions, how do they affect functioning of courts, and what is their impact on democracy? These were some topics that the INFINITY team discussed with invited experts during a workshop from 20 to 22 October 2022. Over twenty academics assembled in the magnificent rooms of the CEELI institute, the Villa Grébovka in the heart of Prague.
Michal Bobek, special guest has arrived for the roundtable at JUSTIN. The discussion focused on the latest case law of the ECJ and the ECtHR, as well as on the issue of informal judicial institutions.
