České soudy a prvních 20 let justičního dialogu ve věcech mezinárodního práva soukromého a procesního
Czech Courts and the First 20 Years of Judicial Dialogue on Matters of Private International Law and International Procedural Law

Summary/Abstract: The article aims to provide a comprehensive quantitative and qualitative analysis of all preliminary references concerning private international law submitted by Czech courts between 2004 and 2024. During the period under examination, Czech courts made a total of sixteen such references, making private international law the second most frequent subject of preliminary references after tax law. The study is divided into two main parts: a quantitative analysis and a qualitative analysis. The quantitative part seeks, in particular, to answer the question whether Czech judges dealing with private international law have been more active in making preliminary references than their colleagues in other fields of law, as well as compared with their counterparts in other countries. It will also examine the activity of the different levels of the Czech judicial system in this regard. Finally, the article will explore how the Court of Justice has dealt with these preliminary references, including the proportion of references considered to raise “no new point of law” and the number of cases in which the Court ruled by reasoned order on the ground that the answer to the question referred was obvious. These data may provide an indication of the precedential value of the Court's responses to preliminary references from Czech courts. The qualitative part of the study will focus on the substance of the preliminary questions referred and the corresponding answers provided by the Court of Justice.

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