ON VIOLATION OF THE RIGHT TO A FAIR TRIAL BY INSUFFICIENT REASONING OF THE DECISION

The author discusses a possible violation of the right to a fair trial due to deficiencies in the reasoning of the court decision. In the previous case law of the ordinary courts, the prevailing view was that deficient reasoning constituted so-called “other deficiency”. However, in the author's opinion, the recodification of civil procedure requires a reassessment of the case law from the time before the recodification, because despite different nominal grounds of cassation recourse (the so-called “other deficiency” is no longer a separate ground of cassation recourse) the scope of the right to a fair trial has not changed. The court decision is a part and culmination of the court’s conduct of proceedings, and in the reasoning of the decision, the court explains and defends the procedure it applied in establishing the factual and legal basis for its decision and the outcome of the proceedings itself. Therefore, the quality of the reasoning of a court decision must also be subject to effective examination in ordinary and extraordinary redress procedures. The Constitutional Court of the Slovak Republic has also been calling for a reassessment of older case law