Detail člověka URL

doc. JUDr. Pavel Ondřejek , Ph.D.

Pavel Ondřejek, Defragmentation of Law. Cambridge: Intersentia, 2023

EuConst 1-2024

Areas of expertise

systems theory of law application of the proportionality principle human rights theory

transformations of public law

Author identificators

Academic qualifications

  • 2020 - appointed associate professor in theory, philosophy and sociology of law at the Law School, Charles University, Prague, habilitation thesis "Concept of Law as a System" (in Czech);
  • 2012 - awarded Ph.D. in theory, philosophy and sociology of law at the Law School, Charles University, Prague, dissertation thesis: "The Principle of Proportionality and Its Application in the Area of Human Rights" (in Czech).

Education

  • 2007-2012 - doctoral study programme - Theory, Philosophy and Sociology of Law, Law School, Charles University, Prague;
  • 2006-2007 - International and European Legal Studies Programme (non degree, magna cum laude), Faculty of Law, University of Antwerp, Belgium;
  • 2001-2007 - master degree programme (cum laude), Law School, Charles University, Prague.

Research projects

  • 2022-2025 - Systemic Risk Institute, project number LX22NPO5101, funded by European Union – Next Generation EU (Ministry of Education, Youth and Sports of the Czech Republic, NPO: EXCELES - member of the scientific board of WP 2 "Law and Governance");
  • 2019-2021 - What Unifies Current Law and What Fragmentizes It from the Perspective of Legal Theory and Judicial Practice? (Czech Science Foundation project Nr. 19-10723S - principal investigator);
  • 2019-2020 - Public Interest in Law (Mobility, No. 8J19AT008, funded by the Ministry of Education, Youth and Sports of the Czech Republic - member of the research team);
  • 2016-2018 - Legal Transactions and Legal Responsibility of Juristic Persons (Czech Science Foundation project Nr. 16-22016S - member of the research team);
  • 2012-2023 - Research Centre for Human Rights (Charles University, UNCE 204006, UNCE 011/HUM, junior investigator, since 2020 senior investigator);
  • 2012-2014 - Key Concepts of Constitutional Theory in the Times of Paradigmatic Changes (Czech Science Foundation project Nr. P408/12/1255 - member of the research team);
  • 2010-2012 - Metodology of Legal Interpretation as a Guarantee of Legal Certainty in Current Democratic States Governed by the Rule of Law (Czech Science Foundation project Nr. P408/10/1599 - member of the research team);
  • 2010 - Selected Problems of Negotiatiating and Approval of International Agreements in the Czech Republic (project Nr. RM/01/10 funded by the Ministry of Foreign Affairs of the Czech Republic, member of the research team).

Academic experience abroad

  • 2017 - short term research stay at Max Planck Institute for Comparative Public Law and International Law, Heidelberg (5 days)
  • 2011 - short term research stay at Max Planck Institute for Comparative Public Law and International Law, Heidelberg (7 days)
  • 2009 - European University Institute, San Domenico di Fiesole (Summer School on EU Law, 14 days)
  • 2008 - Cenral European University, Budapest (Total Law – Advanced European Legal Practice, diploma magna cum laude, 14 days)

Organization of conferences and workshops

  • 07/2024 - Overcoming the Fragmentation of Law and Society. How Legal Principles and Values Shape Democratic States Governed by the Rule of Law? international workshop organized within the 31st World Congress of International Association for Philosophy of Law and Social Philosophy in Seoul, South Korea;
  • 09/2022 - Current Central European Perspectives on Judicial Law-Making and Judicial Interpretation, international seminar co-organized with University of Vienna and University of Salzburg, Prague, Czechia;
  • 07/2019 - Judge Made Law and Judicial Interpretation as Systemic Element of Law in Civil Law Legal Systems: How Can Courts Strengthen or Weaken the Unity of a Legal System? international workshop organized within the 31st World Congress of International Association for Philosophy of Law and Social Philosophy in Luzerne, Switzerland;
  • 09/2018 - Historical and New Approaches to Legal Interpretation, international seminar co-organized with University of Eastern Finland in Joensuu, Prague, Czechia.

Lectures at conferences and workshops

  • "Sanctions from the point of view of (general) legal theory", international conference International Sanctions and Human Rights; Charles University, Law School, Prague, October 2023;
  • "Interdisciplinary Research in Law: Theoretical Approaches", international conference Migration within the EU Context Seen through a Multi-disciplinary and Plurilinguistic View, Charles University, Law School, Prague, September 2023;
  • "Principle of proportionality in times of crisis: the Czech experience", international seminar Risk management in the V4 countries, Charles University, Law School, Prague, May 2023;
  • "Contractual fairness, contractual freedom and horizontal effects of constitutional rights. Theoretical reflection on recodified Czech private law", international workshop Justice nad Freedom in Private Law, XXX. World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Bucharest, Romania, July 2022;
  • "Precautionary Application of Proportionality Analysis in Judicial Review of Emergency Measures", international conference European Constitutionalism and the Virus of Distrust, Charles University, Law School, Prague, April 2022;
  • "Proportionality and Coherence of the Constitutional Order", international conference Proportionality: Current Perspectives and Challenges, Faculty of Law, Masaryk University, Brno, September 2021;
  • "Theoretical Basis of the Relationship between Fundamental Rights and Public Interests", international conference Public Interest in Law, Charles University, School of Law, Prague, October 2019;
  • "Maximalism and minimalism in judicial reasoning: How can courts strengthen or weaken the unity of a legal system?", international workshop Judge Made Law and Judicial Interpretation as Systemic Element of Law in Civil Law Legal Systems, XXIX. World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Luzerne, Switzerland, July 2019;
  • "Legal Pluralism and Internal Structure as Features of Systemic Description of Current Law", international conference Law, Legitimacy and Authority, Faculty of Law, Masaryk University, Brno, June 2019;
  • "The Neutrality of Proportionality and its Limits", international workshop The Morality of Proportionality, Charles University, Law School, Prague, November 2018;
  • "Modern “Extracanonical” Methods of Interpretation, Namely in Constitutional Reasoning", international seminar Historical and New Approaches to Legal Interpretation, Charles University, Law School, Prague, September 2018;
  • "Business Corporations and the Constitutionalisation of Private Law", international conference Business and Human Rights, Charles University, Law School, Prague, October 2017;
  • "Can Positive Obligations of States Serve as a Remedy for Violations of Human Rights Committed by Juristic Persons?" workshop Foundations of Human Rights Architecture, XXVIII. World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Lisbon, Portugal, July 2017;
  • "The Many Faces of Human Dignity in Law", Human Dignity and Human Rights Violations - 2016 Spring International Legal Seminar, UNOESC, Chapecó, Santa Catarina, Brazil, October 2016;
  • "Savigny's canons and modern methods of constitutional reasoning: reflections on continuity and change in legal interpretation", seminar on legal interpretation, University of Eastern Finland, Joensuu, Finland, April 2016;
  • "Balancing as Key Argument of Constitutional Review in the Age of Proportionality", international conference Proportionality and the Global Model of Constitutional Rights, Law School, Charles University, Prague, February 2016;
  • "Human Rights and Transformations of Public Law", international conference International and Internal Mechanisms of Human Rights Effectiveness, Prague, October 2015;
  • "Principle of Proportionality as a Product of European Legal Culture", workshop Historical, Theoretical, and Axiological Foundations of the European Legal Culture, XXVII. World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Washington D.C., July 2015;
  • "The Selection of Candidates for Judges of the European Court of Human Rights: Experience and Prospects from the Czech Perspective", seminar Status of the Judge in the Era of Judicialization: Czech - Hungarian Experience, Institute of State and Law, Czech Academy of Sciences, Prague, March 2015;
  • "Application of the Principle of Proportionality in the Czech Republic", seminar with professor Robert Alexy, Institute of State and Law, Czech Academy of Sciences, Prague, June 2014.

Chair of round tables, workshops and conference panels

  • 09/2023 - Migration within the EU Context Seen through a Multi-disciplinary and Plurilinguistic View, Panel V. Legal Pluralism and Systemic Perspectives, International Conference, project 4EU+, Prague, Czechia;
  • 09/2022 - Current Central European Perspectives on Judicial Law-Making and Judicial Interpretation, international seminar, Prague, Czechia;
  • 09/2012 - Proportionality: Current Perspectives and Challenges, international conference, Brno, Czechia;
  • 07/2019 - Judge Made Law and Judicial Interpretation as Systemic Element of Law in Civil Law Legal Systems: How Can Courts Strengthen or Weaken the Unity of a Legal System? international workshop, Luzerne, Switzerland;
  • 09/2018 - Historical and New Approaches to Legal Interpretation, Panel: Reflections on “Savigny’s Canons” of Interpretation, international seminar, Prague, Czechia.

Membership in editorial boards

  • 2021-onwards: Ratio Publica;
  • 2012-2023: Studie z lidských práv/Studies in Human Rights.

Membership in scientific associations

  • Czech Association for Philosophy of Law and Social Philosophy (Czech IVR section);
  • International Association for Philosophy of Law and Social Philosophy (IVR).

Further academic activities

  • 2023-2028: Member of the Board of the Institute of State and Law, Czech Academy of Sciences;
  • 2023-2028: Evaluator in the areas of "Law" and "Security Education", Council of the National Accreditation Bureau, Ministry of Education, Youth and Sports of the Czech Republic;
  • 2021-onwards: Board of the doctoral study programme "Security and Legal Studies", Police Academy of the Czech Republic.

Awards

  • 2014 - High quality monograph (Charles University), book: Princip proporcionality a jeho role při interpretaci základních práv a svobod, Praha: Leges, 2012 (The Principle of Proportionality and Its Role in the Application of Fundamental Rights and Freedoms, Prague, Leges, 2012);
  • 2006 - Josef Hlávka award (Nadání Josefa, Marie a Zdeňky Hlávkových Foundation), award for the best students of universities in Prague, Brno and best young researchers of the Czech Academy of Sciences.