Constitutional Court of the Czech Republic

The Constitutional Court of the Czech Republic ( České Republiky Ústavní soud ), the Czech Constitutional Court. It is an independent constitutional body, and a special court in the field of constitutional law and it is not part of the system of general courts in the Czech Republic. Basic task is to guarantee the constitutionality of the law and to grant the protection of fundamental rights.

The Court has its seat in Brno ( Brno) in the building of the former Moravian Landtag, where since 1991 the previous institution, the Constitutional Court of the CSFR was. The radius of 100 meters around the building and the venue was declared a restricted area.

History

The Constitutional Law on the Czechoslovak Federation from 1968 continued in Article 101 states: " In the Czech Socialist Republic and the Slovak Socialist Republic work constitutional courts of the republics. Your responsibilities and organizational principles govern the constitutional laws of the national councils. " This definition, however, was never implemented, as well as the then establishment of a Constitutional Court of the CSSR. The Constitutional Court of the Czech and Slovak Federal Republic eventually emerged only in 1991 on the basis of the later constitutional law. The Constitutional Court of the Slovak Republic was introduced by the first Constitution of the Slovak Republic with effect from 1 October 1992, where the reaction took place only after the end of Czechoslovakia. The Constitutional Court of the Czech Republic, used with January 1, 1993 and implemented beginning of the year, so was unable to repeat the history of the Czech Republic from the Federation period, but is staffed and content largely connected with the Constitutional Court of the CSFR.

Tasks

The task of the Czech Constitutional Court is to ensure the protection of constitutionality.

The Constitutional Court shall decide on the skills

  • The repeal of laws or some of their provisions, if they contradict the constitutional order
  • The repeal of other legislation or some of their provisions, if this the constitutional order or a law contradict,
  • Constitutional complaints of the organs of local self-government against unlawful interference by the state,
  • Constitutional complaints against final decisions and other public intervention in a constitutionally guaranteed fundamental rights and freedoms,
  • Appeals against any decision in the matter of election verification of deputies or senators,
  • In doubt about the loss of eligibility and on the incompatibility of the exercise of the function of a deputy or senator under Article 25 of the Constitution,
  • The constitutional challenge of the Senate against the President of the Republic in accordance with Article 65 paragraph 2 of the Constitution,
  • The request of the President of the Republic on the cancellation of decisions of the House of Representatives and the Senate in accordance with Article 66 of the Constitution,
  • Indispensable measures for the enforcement of decisions of international courts, which are binding on the Czech Republic, if not possible,
  • Whether the decision on the dissolution of a political party or other decisions relating to the activities of a party with the Constitution or other laws in line is
  • Disputes about the competence scope of the organs of the state and local self-government, if not entitled to other organs,
  • Not proclaim appeals against decisions of the President of the Republic, the referendum on the accession of the Czech Republic to the European Union
  • Whether the candidate in carrying out such a referendum with the Constitutional Law on the Referendum Act and its executive regulation is consistent.

Nevertheless, the Constitutional Court in its case law frequently reiterates that it is not the Supreme Court, however, de facto national works as a last instance.

Construction

The fifteen judges of the Constitutional Court are appointed by the President of the Republic after approval by the Senate. The term of office of the judges is 10 years. For constitutional judge may at any respectable citizen who is eligible to the Senate ( older than 40 years), has a legal higher education and worked a minimum of 10 years in the legal profession. A re- appointment of the same person is not prohibited. The chairman of the court appoints to any judge on his proposal judge wizard.

During the presidency of Václav Havel arose between President and Senate in the matter of appointments to avoid serious disputes. After the commencement of Václav Klaus, however, inflamed herein a sharp conflict, when the Senate rejected four successively proposed by the President candidates, Aleš Pejchal eventually even twice. Among the rejected by the Senate were eg Václav Pavlíček (22 out of 76 votes ), Vladimír Balaš (30 of 78 ), Klára Veselá - Samková (29 of 77 ), Milan Gavlas. The President referred to the request of the Senate to propose a larger number of more suitable candidates, scandalous, while the Senate accused the president that he had not been agreed upon his proposals with them. From July 2003 to December 2005, the Constitutional Court thus did not have the full number of judges.

Current occupation

(As of January 20, 2014 )

  • Pavel Rychetský, since August 7, 2013, appointed by Miloš Zeman
  • Milada Tomková, since May 3, 2013, appointed by Miloš Zeman
  • Jaroslav Fenyk, since August 7, 2013, appointed by Miloš Zeman
  • January Filip, since May 3, 2013, appointed by Miloš Zeman
  • Vladimír Sládeček, since June 4, 2013, appointed by Miloš Zeman
  • Ludvik David, since August 7, 2013, appointed by Miloš Zeman
  • Kateřina Šimáčková, since August 7, 2013, appointed by Miloš Zeman
  • Radovan Suchánek, since November 26, 2013, appointed by Miloš Zeman
  • January Musil, January 20, 2014 appointed by Miloš Zeman
  • Jiří Zemánek, January 20, 2014 appointed by Miloš Zeman
  • Stanislav Balík jun., Since 26 May 2004 appointed by Vaclav Klaus
  • Michaela Židlička, since 16 June 2004 appointed by Vaclav Klaus
  • Ivana Janů, since 16 September 2004 ( previously from November 9th 1993 to 9 February 2002), twice appointed by Vaclav Klaus
  • Vlasta Formánková since August 8, 2005 appointed by Vaclav Klaus
  • Vladimír Kůrka, since December 15, 2005, appointed by Vaclav Klaus

Former judge

Nominated by President Václav Havel:

  • Iva Brožová, July 15, 1993 to February 8, 1999
  • Vojtěch Cepl, July 15, 1993 to July 15, 2003
  • Vladimir Cermak, July 15, 1993 to July 15, 2003
  • Miloš Holeček 15 July 1993 to 15 July 2003 ( deputy chairman in 2003 briefly )
  • Vladimír Jurka, July 15, 1993 to July 15, 2003
  • Zdeněk Kessler, July 15, 1993 to February 12, 2003 (all time as Chairman)
  • Vladimír Klokočka, July 15, 1993 to July 15, 2003
  • Vladimír Paul, July 15, 1993 to April 3, 2002
  • Antonín Prochazka, July 15, 1993 to July 15, 2003
  • Vlastimil Ševčík, July 15, 1993 to December 15, 2002
  • Eva Zarembová, November 9, 1993 to May 8, 2004
  • Pavel Varvařovský 29 March, 1994 to March 29, 2004
  • Jiří Malenovskı, April 4, 2000 to 2004, first judge, with the consent of the Senate
  • Eliska Wagnerová, March 20, 2002 to March 20, 2012
  • Pavel Holländer, August 6, 2003 to August 6, 2013
  • František Duchoň, June 6, 2002 to June 6, 2012
  • Jiří Mucha, January 28, 2003 to January 28, 2013
  • Miloslav Výborný, June 3, 2003 to June 3, 2013
  • Vojen Güttler, August 6, 2003 to August 6, 2013
  • Dagmar Lastovecká 29 August, 2003 to August 29, 2013
  • Jiří Nykodým 17 December, 2003 to December 17, 2013

Notable cases

Among the most famous cases were the decision versions

  • On the mismatch of the Lisbon Treaty with the Constitution of the Czech Republic

A groundbreaking judgment precipitated the court with the abolition of the Constitutional Law on the shortening of the 5th term of the House of Representatives, making the already announced and prepared Czech parliamentary election was canceled in 2009 in September 2009.

Senate of the Parliament of the Czech Republic Politics of the Czech Republic
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