- Research Article
1
- 10.1163/15718174-bja10076
The Path to Restorative Justice Paved with Soft Law in the Czech Republic
- Dec 16, 2025
- European Journal of Crime, Criminal Law and Criminal Justice
- Petra Masopust Šachová + 2 more +2
Abstract Experts advocating for restorative justice focused their attention on the possibility of strengthening everyone’s right to access restorative programmes in the amendment to Directive 2012/29/EU of the European Parliament and of the Council. Although this right was ultimately not enforced, this does not mean that it is impossible to effectively implement the content of the Council of Europe’s legal documents, particularly the Council of Europe Recommendation concerning restorative justice in criminal matters cm /Rec (2018)8 and the subsequently adopted Venice Declaration, into practice and thus contribute to promoting the right to a restorative programme in a different way. Through a case study of the Czech Republic, we illustrate the possibilities of implementing these documents into national policies whilst strongly utilising the fundamental restorative principle of participation. The text demonstrates that soft law can influence national criminal policies, legislation and practices, and in many respects can be more effective than hard law.
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