Nejednoznačnost odkazů k soudním rozhodnutím a možnosti řešení

Warning

This publication doesn't include Faculty of Economics and Administration. It includes Faculty of Law. Official publication website can be found on muni.cz.
Title in English Ambiguity of Case Law Citation and Possible Solution
Authors

HARAŠTA Jakub

Year of publication 2015
Type Article in Periodical
Magazine / Source Revue pro právo a technologie
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Field Law sciences
Keywords case law; citation; ECLI; ambiguous identifiers
Attached files
Description This article reflects the theme of ambiguous citation of the case law. The ambiguous citations may cause two problems - the problem of factual untraceability due to the use of uncertain identificator and the problem of ambiguity of the used version. As the article shows, there are differences between different expressions of the same decision. Therefore, it is necessary to insist on the unambiguous identification of the decision. The article further presents two possible approaches that could solve these issues. The issue of untraceability can be solved by the ECLI identifier and the related database. The issue of the ambiguity of the used version can be solved by the proper citation of the case law, often going beyond the standard of citation.
Related projects:

You are running an old browser version. We recommend updating your browser to its latest version.