48 | PUBLIC AND PRIVATE JUSTICE

The primary function of courts is to adjudicate, applying the law to the facts established in the judicial process. However, the question arises: can judges also contribute to the creation of law? Traditionally, the doctrinal distinction between common law and civil law countries often centered on their stance toward judge-made law. While judicial precedents were historically regarded as a fundamental characteristic of common law judiciaries, civil law systems strictly adhered to a separation of powers, conferring the authority to issue binding abstract rules solely upon the legislator.

In the 21st century, a pervasive transformation of global justice systems has led to the questioning and gradual abandonment of these old dogmas. In pursuit of uniformity and efficiency, both European continental judicial systems and Latin American judiciaries have adopted practices seemingly converging with the Anglo-American doctrine of stare decisis. This involves recognizing judicial decisions that establish a binding interpretation of the law, and in some cases, even create new legal rules.

However, this evolving trend introduces numerous challenges that must be addressed. The structures and social purposes of European judiciaries differ, and the adoption of new 'precedents' may lead to frictions and tensions. Considering the hierarchical nature of civil law justice systems, binding rulings from higher courts pose a potential threat to substantive judicial independence, limiting the open and pluralistic dialogue between lower and higher courts. Additionally, binding opinions from the highest judicial instances may encroach upon the prerogatives of legislative bodies, resulting in the creation of suboptimal laws.

Against this backdrop, the XVIII Public and Private Justice course and conference will focus on unresolved issues, offering detailed comparisons of judicial precedents and similar mechanisms in various jurisdictions within and outside Europe.

Those interested in participating in our course or contributing a presentation on these issues are welcome to contact us at ppj.dubrovnik@gmail.com. The draft program for the 2024 PPJ Course and Conference will be published in due course at http://alanuzelac.from.hr/text/iuc-course."