On The Constitutional Court

Original Language Title: o Ústavním soudu

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=41032&nr=182~2F1993~20Sb.&ft=txt

182/1993.



LAW



of 16 December 2002. June 1993



on the Constitutional Court



Change: 331/1993.



Change: 237/1995 Coll.



Change: 77/1998 Coll.



Modified: 18/2000 Sb.



Change: 132/2000 Sb.



Change: 48/2002 Sb.



Change: 202/2002 Sb.



Change: 320/2002 Coll.



Change: 114/2003 Coll.



Change: 120/2004 Sb.



Change: 83/2004 Sb.



Change: 234/2006 Sb.



Change: 342/2006 Sb.



Change: 227/2009 Sb.



Change: 404/Sb.



Change: 275/2009 Sb.



Change: 303/Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



The Organization of the Constitutional Court



§ 1



The Constitutional Court consists of a President, two Vice-Presidents and other judges.



The President and Vice-Presidents of the Constitutional Court



§ 2



President of the Republic shall appoint the judges of the Constitutional Court (hereinafter referred to as

"the judge") President and two Vice-Presidents of the Constitutional Court.



§ 3



(1) the Chairman of the Constitutional Court



and the Constitutional Court) represents on the outside,



(b) the administration shall be exercised by the Constitutional Court),



(c)) shall convene the plenum of the Constitutional Court (hereinafter referred to as "plenary"), specifies the

the agenda of its meetings and conduct,



(d) appoint the Chairman of the boards of appeal) of the Constitutional Court (hereinafter referred to as the "Senate"),



e) holds the additional tasks required by law.



(2) the President of the Constitutional Court who is absent to represent the Vice-Presidents

The Constitutional Court in the range and order specified in open.



(3) the Chairman of the Constitutional Court may, with the approval of the full delegate

Vice-President of the permanent fulfilment of some of its tasks.



The judges of the



§ 4



(1) a judge is a public function.



(2) the judge cannot be prosecuted for the offence.



(3) the performance of the Office of judge is incompatible with other paid functions or

any other gainful activity, with the exception of manage their own assets,

the activities of the scientific, educational, literary, and artistic, if such

the activity is not detrimental to the function of the judge, its importance and dignity and

does not affect confidence in the independence and the impartiality of the decisions of the constitutional

the Court.



(4) the performance of the Office of judge is incompatible with membership in political

in a political party or movement.



§ 5



The judge is obliged to maintain the confidentiality of the matters about which the

in connection with the performance of their judicial functions. This obligation takes

even after the demise of the judicial function.



§ 6



(1) the President of the Republic will require Senate consent to the appointment of the

judge.



(2) if the consent referred to in paragraph 1 given within 60 days thereafter, when it's

President of the Republic has requested it, just because the Senate in that period of time of this

things did not vote, the Senate consent to the appointment of the judge.



§ 7



(1) the judge may resign representations in person to

President of the Republic. To prevent him from doing serious circumstances, may

to do so in the form of a written statement of a notarial deed.



(2) a judge shall cease on the day following the date on which the judge made a

the Declaration referred to in paragraph 1 or in which the Declaration referred to in paragraph

1 the President of the Republic delivered.



(3) a judge shall expire on



and end of the period), to which the judge is appointed,



(b) the day on which the judge) has ceased to be optional to the Senate,



(c)) on the day of the judgment, the judge was convicted of a crime

an offence committed intentionally,



(d) the announcement of the resolution of the Constitutional Court) about the demise of the functions referred to in section 144.



(4) If a judge, because of its functions under paragraph 3

lapse, it shall inform without delay to the President of the Constitutional Court

of the Republic.



Assistants of judges



§ 8



(1) Every judge appointed at least one Assistant judge (hereinafter referred to as

"the Assistant") for a specified period not exceeding the period for which he was appointed

the judge, whose Assistant is.



(2) an Assistant appointed and recalled by the President of the Constitutional Court on a proposal from

the judge, whose Assistant is.



§ 9



(1) an Assistant may be appointed as a person who has a unblemished

a university education.



(2) the Assistant may resign; employment Assistant expires

on the day following the day on which the notice of resignation

delivered to the President of the Constitutional Court, if not in the notice of waiver

functions specify the date later.



(3) the employment of an Assistant also ceases to exist



and the demise of a judge), whose assistant he was appointed,



(b)) on the day of the judgment, which has been condemned for a crime Assistant

performance,



(c)),



(d)) the expiry of the period for which he was appointed, if appointed for a period of

a specific.



(4) if the Assistant function of at least three months, belongs to the Assistant,

whose employment contract has lapsed pursuant to paragraph 3 (b). and severance pay), according to the

the number of initiated years the performance of the Assistant, but not in the amount of

three times the average monthly salary.



(5) the Assistant is obliged to maintain confidentiality on matters about which the

in connection with the performance of their functions. This obligation continues after

the demise of its function. This obligation, it can get rid of the constitutional

the Court.



§ 10



The status of judges and assistants in labor relations



On the labour relations arising out of the functions of the judge and an Assistant applies

the provisions of the labour code, unless this Act provides otherwise.



The plenary



§ 11



(1) the plenary is composed of all the judges. If this law does not

otherwise, the full Court to act and a quorum is present, if at least ten

judges.



(2) the Constitutional Court shall be decided by the plenary



and repealing laws) or individual provisions thereof pursuant to article. 87

paragraph. 1 (b). and the Constitution of the United States) (hereinafter referred to as "the Constitution"),



(b)) on the abolition of other laws or their individual

the provisions referred to in article. 87 para. 1 (b). (b)) of the Constitution,



(c)) on the constitutional lawsuit against the Senate President of the Republic stated in art. 65

paragraph. 2 of the Constitution, according to the article. 87 para. 1 (b). (g)) of the Constitution,



(d)) on the proposal of the President of the Chamber of Deputies and the cancellation of the resolution of the Senate

referred to in article 14(2). under article 66 of the Constitution. 87 para. 1 (b). h) of the Constitution,



e) about whether the decision on the dissolution of a political party or other

decisions concerning the activities of the political parties is in compliance with

constitutional and other laws pursuant to article. 87 para. 1 (b). (j)) of the Constitution,



f) an appeal against a decision of the President of the Republic, that the

a referendum on the accession of the Czech Republic to the European Union nevyhlásí

According to the article. 87 para. 1 (b). l) of the Constitution,



g) about whether the procedure for the implementation of the referendum on the accession of the Czech

Republic to the European Union is in accordance with the constitutional law on referendum

accession of the Czech Republic to the European Union and with the law issued by his

According to the article. 87 para. 1 (b). (m)) of the Constitution,



(h)) in other cases under art. 87 para. 1 of the Constitution, if the Senate

not decided because none of the suggestions obtained a majority of the votes on the resolution (§

21, art. 1),



I) opinion on the legal opinion of the Chamber, which departs from the

the legal opinion of the Constitutional Court has issued in the report (para. 23),



j) on an application for a retrial and in renewed proceedings under § 119-119b,



on other matters) under art. 87 para. 1 of the Constitution, if it checks out,



l) on the adjustment of its internal relationships



m) for the establishment of Chambers and about the rules of the distribution of the agenda among them.



(3) the Constitutional Court shall decide on the proposals in the plenary to assess compliance

the international treaty with constitutional order under art. 87 para. 2 of the Constitution.



§ 12



(1) each judge is entitled to vote at the meeting before the start of

proposal for a decision.



(2) every judge is required to vote for any of the proposals on the

the decision, which was presented before voting begins.



(3) If none of the suggestions on the required majority decision (section 13),

the vote shall be repeated, adding that before the vote, the judges of the

whose proposals voted, shall indicate whether on its proposals

they remain; judges may submit other proposals for decision.



(4) if the procedure laid down in paragraphs 1 to 3 do not occur to the adoption

a decision, the vote on the two proposals, which, in the preceding

the vote won the most votes.



(5) to stop the disciplinary proceedings (section 139, paragraph 1), objections

resolution in disciplinary proceedings (article 142, paragraph 1 and 3) and on the proposal for a resolution that

the judges shall cease its functions (section 144 (1)) shall be voted on secretly.



section 13 of the



The decision of the Assembly is adopted if the majority for them

the judges present. If, however, the decision referred to in article 14(2). 87 para. 1 (b).

a), g) and (h)) and article. 87 para. 2 of the Constitution or of the decision to be adopted on

the basis of the legal opinion, which derogates from the legal opinion

The Constitutional Court has issued in the report is taken, if it is for them

at least nine of those present voted in favor of the judges.



§ 14



The judge, who with the decision of the Assembly, or its justification, the

has the right to its different view stated in the Protocol on the

negotiations and that was attached to the decision with the transcription of his name.



The boards



§ 15



(1) for making things according to art. 87 para. 1 of the Constitution, which does not belong to

the scope of the plenum, and decision pursuant to § 43 para. 2 creates a Constitutional

the Court of the four chambers of three judges.



(2) the President and Vice-Presidents of the Constitutional Court may not be permanent

members of the Senate.



section 16 of the



The distribution among the boards will determine the agenda for the calendar year, the President of the

Schedule of work of the Constitutional Court according to the rules set by the Chamber.



§ 17



(1) the President of the Senate shall be appointed by the President of the Constitutional Court for a period of one

of the year. The judge cannot be appointed to this function in two years

following behind.



(2) the President of the Senate shall represent the age of the absent the oldest permanent member


the Senate.



section 18



(1) a member who is absent the Senate temporarily substitutes the judge designated for this

the Senate timetable work.



(2) Representing a member of the Senate may be the Chairman or Deputy Chairman

Of the Constitutional Court.



§ 19



(1) meetings of the Board shall be convened and its conduct governed by President of the Senate.



(2) the Board is competent to act and pass resolutions, if present at all

its members; a majority of the votes. In the case referred to in § 43 para. 2, the

the Senate resolution requires the consent of all members of the Senate.



section 20



(1) each Member of the Senate is entitled to when consultation before

the vote on the draft decision.



(2) each Member of the Senate is required to vote for any of the proposals on the

the decision, which was presented before voting begins.



(3) when the vote happens so that every Member of the Senate shall communicate orally,

which of the proposals to the decision agrees.



section 21



(1) If a procedure pursuant to section 20 the majority of votes none of the proposals on the

decision on the merits, the presiding judge shall refer the matter without undue

delay to the decision of the plenary session [article 11, paragraph 2 (b), (h))].



(2) in other cases shall be decided in a tie vote in the Senate

of the President.



section 22



Member of the Senate, with the decision of the Chamber in the case or with its justification

disagree, has the right to his different opinion was stated in

Protocol on the acts and that was attached to the decision together with the

the name.



Article 23 of the



If the Senate in relation to its decision-making activities, comes to the

the legal opinion from the legal opinion, a derogatory of the Constitutional Court

in the award, it shall submit the question to the plenary assessment. The opinion of the

the full Senate in the next control is bound to.



section 24



The envelope containing the Protocol on the deliberations and the vote could open the President

The Constitutional Court in the case, which was referred to the full Court [section 11 (2)

(a). h)], only with the consent of the Assembly.



§ 25



Ensure the fine



Prohibit the Assembly ^ 1) within a radius of 100 m from the building of the Constitutional Court, or

from the places where the Constitutional Court.



§ 25a



the title launched



(1) the Ministry of the Interior or the police of the Czech Republic provides

The Constitutional Court for the exercise of its jurisdiction under this Act



and from the base) a reference population register,



(b)) the data from the agendového information system of population register,



(c)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1. and) are



and) surname,



(b) the name or names),



(c)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(d) the address of the place of stay)



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The United States, date of death, place and the State on whose territory the death

has occurred; If it is issued the Court's decision on the Declaration of death, day,

that is the decision, listed as the day of death or the date on which the entity

data declared dead have survived, and the date of acquisition of legal power of this

the decision,



f) nationality, or more of State citizenship.



(3) Information Provided pursuant to paragraph 1. (b)) are



and) the name or name, last name, or changing them, native

last name,



(b)) date of birth,



c) gender,



d) place and County of birth; for the citizen, who was born in a foreign country, location and

citizen of the State where he was born,



(e)), social security number,



f) country of citizenship,



g) address of residence, including previous address space

permanent residence,



h) origin of the residence, where appropriate, the cancellation date data on the place of

permanent residence or the date of their permanent residence in the territory of the United

Republic,



I) limitation of incapacitation,



j) social security number, father, mother, or other legal representative; in

If one of the parents or other legal representative does not have a social security number,

his name, where applicable, the name, surname and date of birth,



k) marital status, date of his changes and place of marriage,



l) social security number of spouse; If the husband is a foreigner who does not have an assigned

social security number, his name or names, the surname of the husband, and the date of its

birth,



m) social security number of the child,



n) acquisition,



o) day, who was in the Court decision about declared missing listed

as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition

the decision of the Court about the declared missing,



p) date, place and County of death; in the case of the death of a citizen outside the United

Republic, date of death, place and the State on whose territory the death occurred,



q) day, who was in the Court decision on the Declaration of death listed

as the day of death or the date on which the citizen declared dead.



(4) Information Provided pursuant to paragraph 1. (c)) are



and) the name or names, surnames, their change, maiden name,



(b)) date of birth,



c) gender,



(d)) instead, and the State where the alien was born,



(e)), social security number,



f) country of citizenship,



(g)) the type and address of the place of stay



h) number and validity of the residence permit,



even the beginning of the stay, if applicable) date of the termination of the stay,



j) limitation of incapacitation,



k) administrative or judicial expulsion and the period for which it is not allowed to enter

on the territory of the Czech Republic,



l) marital status, date and place of its changes, the name or names,

the surname of the husband, social security number or date of birth,



m) the name or names, the child's name, social security number, if the child is

a stranger; in the case that the social security number was not assigned, date of birth,



n) name or names, the surname of the father, mother or any other

legal guardian, their social security number, if they are aliens; in the case of

that one of the parents or other legal representative does not have a social security number, its

name or name, surname and date of birth,



o) day, who was in the Court decision about declared missing listed

as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition

the decision of the Court about the declared missing,



p) date, place and County of death; in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



q) day, who was in the Court decision on the Declaration of death listed

as the day of death or the date on which the stranger declared dead.



(5) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



section 26



The seat of the Constitutional Court



It is the seat of the Constitutional Court in Brno.



PART TWO



Proceedings before the Constitutional Court



Head first



General provisions



section 27 of the



Initiation of proceedings



(1) proceedings before the Constitutional Court may submit one

This law grants such permission (hereinafter referred to as "the applicant").



(2) the proceeding is initiated on the date of service of the Constitutional Court.



Parties and interveners



section 28



(1) the parties are the applicant and those which it lays down the

the law.



(2) the interveners are those to whom this position this

the law admits if such status. In the proceedings

the same rights and obligations as the participants.



(3) where doubt as to whether someone is intervener,

the Constitutional Court shall decide by resolution.



(4) If a party or intervener before the constitutional

the Court in the context of its decision-making activities, means the

the Chamber or a judge.



section 29



A party or intervener may put in proceedings before the constitutional

by the Court to represent the only lawyer in the scope of the specific

regulations. In the same case may have only one representative.



section 30



(1) natural and legal persons as participants or as a side

Parties to the proceedings before the Constitutional Court must be represented by a lawyer in the

the scope of the specific provisions.



(2) If a party or intervener before the constitutional

the Court of the State, for the State of the State responsible in accordance with

special legal regulation and control in the name of the State is the head of the

organizational units of the State or the authorized employee of the business

units of the State; This does not prejudice the right of the State to be represented in a way

referred to in section 29. She performs under a special legal regulation ^ 2a)

the State Office of the Government representation in property Affairs, in the proceedings

on behalf of the State of his employee authorized the Director of the Office for the representation

of the State in matters of property; This also applies in the case where, under the conditions

referred to in the special legislation ^ 2a) is a municipality in the control represented by the

the State, for which the authority acts before the Constitutional Court for representation

of the State in matters of equity.



(3) A public body or authority shall act in proceedings before the Constitutional Court of the person

authorized to act on behalf of that authority or of the authority under the Special

regulations, unless otherwise provided by this Act. This does not affect his right to

to be represented by a lawyer to the extent provided for by specific provisions.




(4) the Court is President of the Chamber.



section 31



(1) a representative of a party under section 29 and section 30 paragraph 2. 1 is not entitled to be put in

proceedings before the Constitutional Court law trainee solicitor to represent him.



(2) the power of attorney to represent the under section 29 and section 30 paragraph 2. 1 must be

except as expressly provided that it is granted for representation before the Constitutional Court.



§ 32



The permissions and tasks of participants



Parties and interveners are permitted to comment on the proposal on

the initiation of proceedings, submission to the Constitutional Court, giving access to the file with the

the exception of the Protocol on the vote, make extracts and copies,

to take part in the oral proceedings in the case, suggesting the evidence and be present

When the taking of evidence by excluding the oral proceedings.



§ 33



The language of the



(1) in proceedings before the Constitutional Court of the Czech language is used. Physical

persons may at a hearing or another personal meeting taking their

mother tongue.



(2) If a party or the intervener, who is a natural person,

or telling us if a witness or expert before the Constitutional Court in a language other than

Czech language, requiring the court interpreter; not so with the consent of

participants take notice is to be made in the Slovak language.

The use of an interpreter shall be entered in the minutes.



(3) Similarly, the court interpreter, picked up the slack with regard to persons deaf, dumb or

the deaf and dumb, if you cannot communicate with them in any other reliable way.



Instituting the proceedings



§ 34



(1) proceedings shall be submitted in writing to the Constitutional Court. Must of

it be perceptible, who makes it, that stuff relates to what follows, it must be

signed and dated. The proposal has, moreover, contain truthful presentation

facts, designation of evidence to which the appellant

and it must be perceptible, what the appellant seeks; a proposal from the

must contain other elements provided by law.



(2) the petition shall be presented in such number of copies,

that one copy remained in court and in order to any participant or

the next participant, who were listed in the proposal, could be delivered

also a copy of the.



§ 35



(1) the application for the initiation of proceedings is inadmissible where the things that

The Constitutional Court has already ruled, finding, and in other cases stipulated by

This Act.



(2) the application is inadmissible and, in the event that the Constitutional Court has already in the same case

This is; He handed it to the legitimate claimant, is entitled to participate in meetings

about the previously submitted proposal as intervener.



Exclusion of judges



section 36



(1) a judge is disqualified from hearing and deciding things, if

regard to its ratio to the point, participants, attendees or side

their representatives can have doubts about his impartiality.



(2) a judge is also excluded if it was active in the same case in the exercise of

another function or profession, than is a judge of the Constitutional Court.



(3) an activity within the meaning of the provisions of paragraph 2 shall not be considered a participation in the

the preparation, negotiation and approval of the legislation.



§ 37



(1) a party may, not later than at the beginning of the first oral proceedings

to say that one of the judges refuses, because he considers it

podjatého. The refusal must be justified. Rejected, the judge is obliged to

to refuse comment.



(2) the judge may declare that, in case he feels to be podjatý; This

the Declaration must be justified.



§ 38



(1) with regard to decision-making in the plenary, shall decide on the exclusion of a judge by the plenary;

the judge, whose decisions on the exclusion refers to, shall not vote. In the case of

decision making in the Senate, the judge shall decide on the exclusion of the other Chamber, designed

timetable of work.



(2) for the avoidance of an Assistant judge, writer, expert or

the interpreter of the provisions of § 36 and 37, on the exclusion shall be decided by

the President of the Constitutional Court shall be adopted by the plenary on the matter, or the President of the

the Senate, where the Senate on the matter.



§ 39



The urgency of the



When discussing the proposals with the Constitutional Court does not have to control the order in which he

the proposals were received, if you act, that thing that any proposal refers to,

is urgent. This is without prejudice to the provisions of § 71 d of paragraph 1. 1, § 97 para. 3

and § 113.



section 40



The allocation proposal



(1) where a proposal which shall be decided by the Constitutional Court in plenary,

the proposal shall be assigned to the judge as a Rapporteur (hereinafter referred to as "Judge-Rapporteur")

the intended timetable of work.



(2) if the application relates to things that belong to the competence of the Board, shall be awarded

a judge-rapporteur and the Senate designated timetable work.



(3) if the judge designated by the judge-rapporteur in accordance with paragraphs 1 and 2

the resolution excluded (article 38, paragraph 1), the President of the Constitutional Court shall be assigned

the proposal to another judge-rapporteur intended to schedule work.



§ 41



Operations Assistant judge



(1) a judge may instruct your assistant to



and, according to) use of the content is clearly not a proposal for initiation of a proceeding,

He put down and gathered about a person who is made,



(b)) if the petition to the requirements under this Act,

understand about the claimant and determine the limit within which the design defects.



(2) the judge may also instruct her assistant carrying out procedural acts

the judge-rapporteur pursuant to § 42 para. 3 and 4, with the exception of the implementation of the hearing

witness.



(3) the implementation of the operations referred to in paragraph 1 (b). and the Chairman of the constitutional)

the Court in the work contour entrust to other official persons of the Constitutional Court.



Acts of the judge-rapporteur and the Senate out of an oral hearing



§ 42



(1) if the judge-rapporteur Finds grounds for rejection under section 43

paragraph. 1 and 2, prepared to discuss the substance of the matter in plenary or in the Senate.



(2) if the judge-rapporteur the Court finds grounds for rejection under section 43

paragraph. 2, prepares the case for consideration in the Senate. If the resolution of the Chamber of

the rejection of the reasons pursuant to § 43 para. 2 has not been received, prepares the

the judge-rapporteur to discuss the substance of the matter in plenary or in the Senate.



(3) the judge rapporteur shall be the necessary procedural steps, in particular, ensures

gathering documentary evidence and evidence by witnesses, where appropriate,

through another court if such evidence suggested any of the

participants and if the status of the proceedings may be used to

establish the facts of the case.



(4) the judge rapporteur shall ensure that the proposal was promptly delivered to others

the participants, or secondary participants with an invitation to come to him

expressed within a period to be determined by or provided by law.



§ 43



(1) the judge rapporteur outside the hearing without the presence of participants

the resolution rejects the proposal,



and if the applicant did not remove) defects of the proposal within the time limit designated him,

or



(b) if the proposal) is filed after the time limit set for its administration of this Act,

or



c) in the case of a proposal made by someone clearly unauthorized, or



d) in the case of a proposal, to which the consultation is not a Constitutional Court with jurisdiction, or



e) if it is submitted the proposal inadmissible, unless otherwise provided by this Act.



(2) the Board outside the hearing without the presence of the participants by the resolution proposal

refuses,



and in the case of) a proposal is manifestly unfounded or



(b)) if it finds the application according to § 64 para. 1 to 4, or in accordance with

§ 125d, § 71a para. 1, section 97 or section 105, paragraph 119. 1 reasons for rejection

referred to in paragraph 1 or pursuant to point a).



(3) a resolution on the rejection of the proposal referred to in paragraphs 1 and 2 shall be in writing

drawn up, briefly giving the legal grounds justified, for which the

the proposal rejects, and must include a lesson that no appeal is permitted.



Oral proceedings



§ 44



If the proposal was outside the hearing without the presence of participants by order

rejected, the Constitutional Court shall order a hearing if, from this meeting

expect further clarification of the matter. Oral proceedings shall order always provides

so by this Act or by a Court of inquiry.



§ 45



(1) the oral proceedings before the Constitutional Court is public; participation of the public

may be limited or excluded only where it is important to the interests of the

State or the parties or morality.



(2) even if the public was excluded, the Constitutional Court may allow from

important reasons to each of the parties to the negotiations were present; must

However, it is to learn about the confidentiality of facts

which are brought to their attention, in particular, at the hearing of the facts which are

the subject of the State, economic, professional or trade

secrets and criminal consequences of breach of this obligation.



(3) Although the public has not been ruled out, the Constitutional Court may deny

access to the hearing of minors and persons, for which there is a concern that could

interfere with the progress of the negotiations. Reverend



§ 46



Summons to oral proceedings must be delivered to the participants, a side

participants and their representatives so that these individuals have sufficient time to

preparation for meetings, usually at least five days in advance.



§ 47



At the oral hearing shall be granted to the one who governs an oral hearing (hereinafter referred to as

"President"), the first word of the judge-rapporteur, who shall communicate the contents of the

document instituting the proceedings and the results of the previous proceedings before the constitutional

by the Court; communications must not contain opinion, as it should be on the proposal

decided.



The taking of evidence



§ 48



(1) the Constitutional Court performs the evidence needed to establish the facts.


Decide which of the proposed evidence is to be made, and can perform

other evidence than are being proposed. Follow proof beyond

an oral hearing may delegate an individual judge. Can also perform

a proof request another trial.



(2) all courts, public authorities and other State bodies provide

The Constitutional Court on the request of assistance in the procurement of materials for its

decision making.



(3) any evidence, carried out outside the hearing draw up minutes,

which shall be signed by the judge, the writer, and other interested persons. If a

the oral hearing is to be conducted by the taking of evidence in this way results

the hearing always convey.



§ 49



(1) evidence may be used all the means by which you can detect

the facts, in particular the examination of witnesses, expert advice, news, and

observations of the institutions and legal entities, of the Charter, an inspection, as well as questioning

participants.



(2) there is no need to prove the facts generally known or known to the constitutional

the Court of his official activities.



(3) following the initiation of the proceeding can be on a proposal to provide evidence, if there is a concern that the

later, it will not be possible at all, or only with great difficulty.

Securing of evidence makes the judge-rapporteur through the Court, in

the area affected is evidence.



§ 50



(1) every citizen is obliged to answer a summons to appear before the Constitutional Court

and to testify as a witness. Must be terminated by truth and nothing to omit anything.

Notice of termination may deny only if she caused the danger of criminal

prosecution or persons close to each other.



(2) if the decision Depends of the Constitutional Court on the assessment of the facts, to

be expertise shall designate after hearing participants

or more experts, which shall be heard or they develop in writing stored

an expert opinion.



§ 51



(1) a witness or expert is unable to rely on its responsibility for

confidentiality in the legislation, if the Constitutional Court

resolution for this case regarding absolve.



(2) the Constitutional Court shall relieve the witness or expert of confidentiality only if

in the case of an obligation to protect the State, economic, commercial or

of professional secrecy. In other cases, the duty of saving

confidentiality, unless witnesses or experts were persons in whose

getting this obligation to testify, shall be released from this obligation.



§ 52



An adjournment of the oral proceedings



(1) a hearing may be adjourned only for important reasons that must

be informed of them. Adjourned to the hearing, shall notify the President as a general rule the day

When the next hearing will be held.



(2) at the beginning of a new oral proceedings shall notify the President contents

the existing přednesů and the evidence taken.



§ 53



Meeting and voting



(1) during the deliberations and the vote of the Assembly may be attended only by the judges and

the writer, in the deliberations and voting, only members of the Senate and the Senate

the writer.



(2) decide if the plenary vote, meetings and can participate only

the judges, who were present the entire oral proceedings, which immediately

the deliberations and the vote was preceded by a full Court.



The findings and resolutions of the Constitutional Court



§ 54



(1) the merits of the case shall be decided by the Constitutional Court and in other matters

by resolution.



(2) findings shall be substantiated and shall be accompanied by

decisions of the Constitutional Court cannot be appealed.



section 55



The design of the award or order, the judge-rapporteur was, however, a

accepted the proposal, which is substantially different from the design of the judge-rapporteur,

It shall draw up a judge designated by the President.



§ 56



This find has always publicly announces on behalf of the Republic. In the case of the award of the full,

announces to the Constitutional Court, and in the case of a finding of the Chamber,

announces it President of the Chamber.



§ 57



(1) in the collection of laws of the Slovak Republic (hereinafter referred to as "the Gazette")

They announce the findings, which the Constitutional Court held



and of the application for revocation) of the Act or other legislation or

their individual provisions under art. 87 para. 1 (b). a) and b)

The Constitution,



(b)) on the constitutional action against President of the Republic stated in art. 65 paragraph 1. 2

The Constitution pursuant to article. 87 para. 1 (b). (g)) of the Constitution,



(c)) on the proposal of the President to repeal the resolution of the

the House and Senate as referred to in article 14(2). under article 66 of the Constitution. 87 para. 1 (b).

h) of the Constitution,



(d)) on a proposal to assess compliance of an international treaty with the constitutional

policy referred to in article. 87 para. 2 of the Constitution,



e) an appeal against a decision of the President of the Republic, that the

a referendum on the accession of the Czech Republic to the European Union, nevyhlásí



(f)) about whether the procedure for the implementation of the referendum on the accession of the Czech

Republic to the European Union is in accordance with the constitutional law on referendum

accession of the Czech Republic to the European Union and with the law issued by his

implementation.



(2) shall be published in the statute book the operative part of the award and such a part of the

in the preamble, from which it is clear what is the legal opinion of the Constitutional Court and the

What reasons have led to it. The Constitutional Court may decide that in the collection of

the laws will not be declared in the preamble to its finding in the matter of the abolition of the legal

Regulation or its individual provisions, if this regulation is not

in the collection of laws or in previous similar collections.



(3) if the legal opinion of the constitutional court sentencing in the award, which is

No advertising in the collection of laws, the general importance, the Constitutional Court

decide that this legal opinion will be published in the statute book.



(4) the Findings of the Constitutional Court, which are published in the collection of laws, passes

the editors of the laws immediately after a written copy of the Chairman

Of the Constitutional Court.



§ 58



(1) the Findings pursuant to § 57 para. 1 (b). and on the day they are enforceable)

publication in the collection of laws, if the Constitutional Court decides otherwise.



(2) Findings pursuant to § 57 para. 1 (b). b), c), (e)), and (f)) and awards which

The Constitutional Court ruled on the appeal against the decision in the case

the choice of a Deputy or Senator according to art. 87 para. 1 (b). (e)) of the Constitution and in

doubts about the loss of eligibility and incompatibility of functions

a Deputy or Senator according to art. 87 para. 1 (b). (f)) of the Constitution, are

enforceable announcement.



(3) other findings are enforceable upon delivery of their written

copy of the participants.



§ 59



A collection of findings and resolutions of the Constitutional Court



(1) all findings adopted by the Constitutional Court in a calendar year are

published in the collection of the findings and resolutions of the Constitutional Court (hereinafter referred to as

"The decision"), issued by the Constitutional Court for public use

each year, by the end of the calendar year. A collection of the decision may be

issued in instalments during the year.



(2) the findings in the ECR are arranged in order of the date of their

the adoption of the Constitutional Court and also in the context of each calendar

of continuously numbered.



(3) from each of the award decision shall be published in the collection of his statement and

such a part of the preamble, from which it is clear what is the legal opinion

The Constitutional Court and what reasons therefor. Information on the identity

participants and by the parties, their representatives, the witnesses and experts shall

neuveřejňují, if provided for by a special law or where it is

the important interests of the people or the State, or morality; decide on

belongs to those who issue decisions.



(4) in the collection of the decision may be published, even if the resolution

the plenary agreed on it. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis.



(4) in the collection of the decision may be published, even if the resolution

the plenary agreed on it. The provisions of paragraphs 1 to 3 shall apply mutatis mutandis.



(5) the issue of the decision of the President of the controls Collection of the Constitutional Court, which, by

may appoint a Deputy.



(6) a resolution has been found or intended for publication are published in the

The ECR, can their copy intended for the collection of

the decision by the Constitutional Court or in a manner allowing remote access

each look.



section 60



Delivery



(1) the Findings and orders, notification of defects in the design, the summons to the oral

negotiations and other notification to the participants and their representatives delivered to the

your own hands.



(2) the secondary participants are receiving the documents referred to in paragraph 1,

If only applies to parties to the proceedings.



(3) If a party or intervener representative in accordance with section 29, served

This is the document only representatives, unless the law provides otherwise.



(4) otherwise delivery method depending on the nature of the case, the judge decides

the rapporteur.



§ 61



Law enforcement measures



(1) a person who rudely makes it more difficult to control, in particular by not calling

without good reason, to the Constitutional Court or does not obey his command,

or who disturbs order, or who made the grossly offensive submissions, may

the President of the Constitutional Court shall be adopted by the plenary on the matter, or the President of the

the Senate, where the Senate, save in the case of reasoned order fined

to the amount of 100 000 €.



(2) the performance of an enforceable resolution of the Constitutional Court on the imposition of riot

the fine shall be governed by a special law. ^ 3)



(3) the stored fined may the one who has saved her, Additionally,

even after the trial, pardon.



(4) a fine fall State.



§ 62



The costs of proceedings



(1) proceedings before the Constitutional Court is not subject to court charges.




(2) the costs incurred by the evidence adduced before the Constitutional Court and the

interpretation costs are to be paid from the budget of the Constitutional Court.



(3) the costs of the proceedings before the Constitutional Court, incurred by a participant

or the next participant, shall be borne by the participant or the intervener,

unless this Act provides otherwise.



(4) the Constitutional Court may, in justified cases, according to the results of the proceedings

Save a participant or by order of the next participant, to

wholly or partially replaced by another party, or a secondary

participant's costs.



(5) the costs of the participants or the interveners are in particular

the participants ' cash outlays or interveners, and their representatives,

loss of earnings of participants or interveners, and the reward for

representation.



§ 63



The use of court orders



Unless this Act provides otherwise, shall apply to proceedings before the constitutional

the Court adequately the provisions of the code of civil procedure and the regulations issued

for its implementation.



THE HEAD OF THE SECOND



Special provisions relating to proceedings before the Constitutional Court



The first section



The revocation of laws and other legislation



§ 64



Submission of the proposal



(1) a proposal for the repeal of the law or of the provisions referred to in article.

87 para. 1 (b). and) of the Constitution is entitled to



and the President of the Republic),



(b)) the Group of at least 41 members or a group of at least 17 senators,



(c)) the Senate Constitutional Court in connection with the decisions on the constitutional

the complaint,



(d)), the Government, under the conditions referred to in section 118,



(e)) the one who submitted the constitutional complaint, under the conditions specified in § 74 of this

law, or the one who filed for a retrial under the conditions

referred to in section 119 paragraph 1. 4 of this Act.



(2) the proposal to abolish any law or its individual

the provisions referred to in article. 87 para. 1 (b). (b)) of the Constitution are entitled to



and to) Government,



(b)) the Group of at least 25 members or a group of at least 10 senators



(c)) the Senate Constitutional Court in connection with the decisions on the constitutional

the complaint,



(d)) the one who submitted the constitutional complaint, under the conditions specified in § 74 of this

law, or the one who filed for a retrial under the conditions

referred to in section 119 paragraph 1. 4 of this Act,



(e)), the Municipal Council of the region,



(f)), the Ombudsman,



g) Ministry of the Interior, in the case of a proposal for the repeal of the generally binding

the Decree of the village, the county or the city of Prague under the conditions laid down

in the laws governing the territorial self-government ^ 3a)



h) venue of the Ministry or other central administrative authority, if it is

a proposal to repeal Regulation of the county or the city of Prague under the conditions

laid down in the laws governing the territorial self-government ^ 3a)



I) Director of the regional office, in the case of a proposal to repeal Regulation of the municipality in

the conditions laid down in the law on municipalities ^ 3b),



(j)) of the village, in the case of a proposal to repeal legislation

the County, within whose jurisdiction the village belongs to.



(3) a proposal for the repeal of the law or its individual provisions is

also, the Court may make in relation to its decision-making activities

According to the article. 95 para. 2 of the Constitution.



(4) the procedure for the abolition of the law, other legislation or their

individual provisions may also start the plenary, if there are grounds

According to § 78 para. 2.



(5) the proposal of the Group of members or groups of Senators referred to in paragraph 1 (b).

(b) and paragraph 2 (a)). (b)) must be signed by the required number of members

or senators.



(6) in this section talk about the law, it also means the legal

the Senate measure, which was approved by the Chamber of Deputies according to the article.

33 para. 5 of the Constitution.



§ 65



cancelled



§ 66



Inadmissibility of the proposal



(1) the application is inadmissible if the law, other legislation or

their individual provisions, whose annulment is sought should be moot

before you deliver your proposal to the Constitutional Court or have not yet been

published in collection of laws or other legal way.



(2) the proposal is also inadmissible if prior to delivery of the draft Constitutional

the Court lifted a constitutional law or the law with which they are referred to in

the design of the provisions in breach of, or has not yet been declared in the

The collection of laws.



§ 67



Termination of the proceeding



(1) If a law, other legislation or their individual

the provisions whose annulment is sought, shall expire before the

end of the trial before the Constitutional Court, the proceedings shall be terminated.



(2) the proceeding shall also be suspended if the expiry of the constitutional law

or the law, which is based on the draft law, other legislation or

their individual provisions, whose annulment is sought, in violation of.



§ 68



How to control



(1) if the proposal Was rejected, and there will be-if, in the course of the proceedings the reasons for

termination of the proceeding, the Constitutional Court is obliged to discuss the proposal and decide

about him even without the other proposals.



(2) when making a decision, the Constitutional Court shall examine the content of the law, or another

legislation from the point of view of their compliance with the constitutional laws, and

in the case of other legislation, whether or not the laws to determine whether they were

accepted and issued within the limits of the Constitution laid down the competence and constitutionally

in the prescribed manner.



§ 69



Parties to the proceedings



(1) a party to the proceedings is also the one who by law or other legislation,

of which annulment is sought should be issued; the judge rapporteur shall

It shall send the document instituting the proceedings, to the proposal in writing

within 30 days from the day on which it was delivered.



(2) the judge rapporteur shall send the proposal to initiate the procedure under

article. 87 para. 1 (b). and also the Government) of the Constitution, if this is not the

the proposal, which the Constitutional Court within 30 days after service of the

enters the proceedings; If so, has the status of intervener

control.



(3) the judge rapporteur shall send the proposal to initiate the procedure under

article. 87 para. 1 (b). a) and b) of the Constitution also to the Ombudsman, if

This is not about his proposal, which the Constitutional Court within 10 days of

service of the document that enters the proceedings; If so, has the

the position of the intervention control.



Find and its legal consequences



section 70



(1) If, after completion of the proceedings, the Constitutional Court concluded that the law, or

its individual provisions are in conflict with the constitutional law or that

another law or its individual provisions are in contradiction with the

constitutional law, or the law, finding decides that such a law, or

other legislation or their individual provisions are repealed on the date

that in the award.



(2) If, after completion of the proceedings, the Constitutional Court concluded that they are not made

reasons to repeal of the law, other legislation or their

individual provisions, a proposal will be rejected.



(3) if the law or its individual provisions, which

The Constitutional Court, have been issued implementing regulations, Constitutional Court

at the same time said that finding the implementing provisions, where appropriate, that

their individual provisions of the law at the same time shall cease to have effect.



§ 71



(1) If, on the basis of the legislation that has been cancelled, issued by the Court

in criminal proceedings the judgment, which took legal force, but has not yet been

executed, the abolition of such legislation, the reason for the recovery

proceedings pursuant to the provisions of the law on criminal procedure.



(2) other final decisions issued on the basis of the legal act, and

that has been cancelled shall remain unaffected; rights and obligations under

such decisions, however, you cannot carry out.



(3) the provisions of paragraphs 1 and 2 shall also apply in cases where they were cancelled

part of the legislation, or some of their provisions.



(4) otherwise, the rights and obligations of the legal relationships arising before the

the law shall remain unaffected.



Section two



Control of compliance of international agreements referred to in article. 10A and article. 49 of the Constitution with the

constitutional law



section 71a



Submission of the proposal



(1) the application for assessment of compliance of an international treaty with constitutional law

According to the article. 87 para. 2 of the Constitution, may submit a



and the House of the Parliament) from the time when it was an international agreement

presented for assent to the ratification, to the time when the

assent that it opposes



(b)) the Group of at least 41 members or a group of at least 17 senators from

When the Parliament was to ratify the international treaty ratified

consent, to the time when President of the Republic ratified,



(c)) the Group of at least 41 members or a group of at least 17 senators from

the moment was declared the outcome of the referendum, which has been given the consent to

the ratification of international treaties, to the moment when the President of the Republic

ratified,



(d) the President of the Republic) from the time when it was an international agreement

submitted for ratification.



(2) the proposal of the Group of members or groups of Senators referred to in paragraph 1 (b).

(b)), and (c)) must be signed by a set number of deputies or senators.



(3) If an international agreement was not negotiated in an authentic Czech

the text of the proposal must be accompanied by an international agreement in at least one

authentic texts and in Czech translation.



§ 71b



Inadmissibility of the proposal



(1) the application is inadmissible if it was not submitted in accordance with section 71a

paragraph. 1 and 2.



(2) the proposal is also inadmissible if constitutional law to which it is referred to in


the design of an international agreement in the conflict, before delivery of the proposal

The Constitutional Court of the validity of.



section 71 c



Parties to the proceedings



The party is next to the plaintiff always also the Parliament, the President of the

the Republic and the Government.



section 71 d



How to control



(1) if the party to the proceedings so requests, the Constitutional Court shall discuss proposal

out of order, in which it has received, and without undue delay.



(2) if the proposal Was rejected, and there will be-if, in the course of the proceedings the reasons for

termination of the proceeding, the Constitutional Court is obliged to discuss the proposal and decide

about him even without the other proposals.



(3) when making a decision, the Constitutional Court shall examine the content of the international treaties of

in terms of its compliance with the constitutional order.



section 71e



Find and its legal consequences



(1) If, after completion of the proceedings, the Constitutional Court concluded that the international

the Treaty is in conflict with the constitutional order, said this discrepancy

finding; in the report, indicating that the provisions of the constitutional order is

in violation of the international treaty.



(2) If, after completion of the proceedings, the Constitutional Court concluded that the international

the Treaty does not conflict with the constitutional order, the decision finding that the

the ratification of international treaties is not in conflict with the constitutional order.



(3) the finding of the Constitutional Court referred to in paragraph 1 are preventing the ratification of international

the Treaty until such time as the inconsistency will be removed.



The third section



The proceedings on constitutional complaints



The constitutional complaint



§ 72



(1) the constitutional complaint are entitled to



and) a natural or legal person referred to in article. 87 para. 1 (b). (d)) of the Constitution,

If claims that a final decision in the proceedings, which was

participant measures or other interference by a public authority (hereinafter referred to as

"the public authority intervention") were breached her fundamental right or

freedom guaranteed by the constitutional order (hereinafter referred to as "constitutionally guaranteed basic

the right or freedom "),



(b) the Council of a municipality or higher) of the unitary group (

"the local government unit") according to the article. 87 para. 1 (b). (c)) of the Constitution,

If the claims that the unlawful intervention of the State violated guaranteed

the right to territorial self government.



(2) unless otherwise indicated in this Act, applies to the constitutional complaint

the General provisions of this law on the proposal and for the one who the constitutional

complaint (hereinafter the "complainant"), the General provisions of this

the Act of the claimant.



(3) the constitutional complaint may be submitted within two months of receipt

the decision of the last process of the resource that the law the complainants to

the protection of his rights; such device means proper

appeal, an extraordinary legal remedy, with the exception of the proposal on

a retrial, and any other legal remedy for the protection of the rights of the

applying is associated judicial, administrative or other legal

control.



(4) If an extraordinary legal remedy by the authority which decides on it,

rejected as inadmissible for reasons that depend on its discretion, can be

submit a constitutional complaint against the previous decision on the procedural

resource to protect rights, which was an extraordinary remedy

challenged, within a period of two months from the delivery of such a decision on the

the extraordinary appeal.



(5) if the law of the legal remedy for the protection of the rights of the complainant

does not provide a constitutional complaint may be filed within two months from the date of

When the complainant about the intervention of a public authority to its constitutionally

fundamental rights or freedoms guaranteed by the learned, but no later than

one year after the date on which such intervention occurred.



(6) the constitutional complaint must be accompanied by a copy of the decision on the last

procedural means to protect the rights, where applicable, a copy of the decision on the

refusal of extraordinary appeal for the reason given in the

paragraph (4). If the complainant seeks the protection of their rights also otherwise than

procedural means referred to in paragraph 3, shall be obliged to about how the Constitutional Court

notify without delay.



section 73



(1) a political party shall be entitled to bring an action under article. 87 para. 1

(a). (j)) of the Constitution, if the claims that the decision on its dissolution or

other decisions concerning its activity is not in conformity with the constitutional

or other laws.



(2) the application referred to in paragraph 1 may be lodged within a period of 30 days. This period shall

the date on which the decision came about the last procedural

a resource that a political party law to protect its rights

It provides; If the law does not provide such a resource, the period

on the date determined by the decision referred to in paragraph 1.



(3) otherwise for the proposal referred to in paragraph 1 and for the management of it applies

the provisions of this section.



§ 74



Together with the constitutional complaint may be filed the proposal to abolish the law or the

other legislation or their individual provisions, which

application of the occurrence of the event which is the subject of a constitutional complaint,

If according to the complainant's allegations are inconsistent with the constitutional law,

where appropriate, the law, if it is about another piece of legislation.



§ 75



Constitutional complaints inadmissible



(1) the constitutional complaint is inadmissible, if the complainant has not exhausted

all process resources that law to protect its rights

provides (article 72 (3)); This is true even for an extraordinary legal remedy,

that authority, which decides on it, can be rejected as inadmissible from the

reasons that depend on its discretion (§ 72 para. 4).



(2) the Constitutional Court to reject the adoption of a constitutional complaint, even if it is not

the condition under the preceding paragraph, if the



and its significance substantially) the complaint goes beyond the own interests of the complainant

and was made within one year from the date on which the fact that is

the subject of the constitutional complaint was received;



(b)) in an appeal lodged pursuant to paragraph 1 to the

considerable delays, the complainant, of which arises or may arise from serious

and the inevitable injury.



§ 76



Parties and interveners



(1) participants in the proceedings on constitutional complaints are the complainant and the State authority

or other public authority, against which the intervention of the constitutional complaint

is going.



(2) the interveners are the other participants of the previous proceedings,

which the complaints of the contested decision. This was the case of criminal proceedings,

the interveners are parties to this proceeding.



(3) the Constitutional Court may grant the status of intervener to other

persons having a legal interest in the outcome of the proceedings.



§ 77



Termination of the proceeding



The constitutional complaint, the complainant may take back only to the time before the

The Constitutional Court removes the final consultation; in this case, the Constitutional Court

control stops.



§ 78



Interruption of proceedings



(1) if the constitutional complaint has been filed together with the application for annulment

legislation under section 74, the Senate proceedings and an application for revocation

the legislation will advance to plenary for a decision under art. 87 para. 1

(a). a) or b) of the Constitution. It is for the discussion of the constitutional complaint

plenary, the plenary will discuss a proposal to repeal another law

According to the article. 87 para. 1 (b). (b)) of the Constitution.



(2) if the Senate in relation to decision on a constitutional complaint to the

the conclusion that the Act or other legislation or their individual

the provisions whose application of the occurrence of the event which is the subject

a constitutional complaint, in breach of the Constitutional Act, or

by law, if it is about another law, proceedings and shall submit a proposal

plenary on the repeal of such legislation under article. 87 para. 1 (b).

a) or b) of the Constitution. If it concludes there is the plenary in connection with the

ruling on a constitutional complaint, initiate and carry out the procedure under article 88(2). 87

paragraph. 1 (b). a) or b) of the Constitution.



§ 79



Exclude the suspensive effect



(1) the constitutional complaint does not have suspensory effect. Proposal pursuant to § 73 para. 1

the decision on the dissolution of the political parties or the suspension of its

activities shall have suspensive effect.



(2) the Constitutional Court may, on application by the complainant to defer the enforceability

the contested decision, where it will not interfere with an important

the public interest and if enforcement or implementation

the permissions granted by a decision of a third party to the complainant

disproportionately more harm than when postponement of enforcement may

arise to other people.



§ 80



Interim measures



(1) if the constitutional complaint is directed against another public authority intervention

power, than the decision, Constitutional Court to avert impending serious

damage or injury, to prevent impending violent intervention or from another

substantial public interest to save the public authority to the intervention

did not continue (interim measures).



(2) the interim measures may decide the Constitutional Court without oral

the negotiations. In particularly urgent cases, according to the proposal may not be

paragraph 1, the requested representation of other parties and miscellaneous

participants.



(3) the resolution on interim measures shall be valid until the announcement of the award

The Constitutional Court in the case, if the Constitutional Court to annul earlier,

because the reasons for which it was ordered.



§ 81



Relationship to previous control




The Constitutional Court is not bound by the findings of fact made in the previous

proceedings.



§ 82



Find and its legal consequences



(1) the Constitutional Court finding, which decides constitutional complaint entirely

or constitutional complaint entirely or in part, will

in part, it will be rejected.



(2) if the constitutional complaint, the Constitutional Court said in the award



a) in the case of a constitutional complaint pursuant to article. 87 para. 1 (b). (d)) of the Constitution,

that constitutionally guaranteed right or freedom and which provision of the constitutional

the law has been broken and that the intervention of a public authority to this

violation has occurred,



(b)) in the case of a constitutional complaint pursuant to article. 87 para. 1 (b). (c)) of the Constitution, in

What is the violation of the rights guaranteed by the law on self-government, what

constitutional laws or laws were violated and how the intervention of the State to this

violation has occurred, or



c) in the case of a proposal pursuant to article. 87 para. 1 (b). (j)) of the Constitution, in what is

the decision on the dissolution of a political party or other decision

with regard to its activities in conflict with constitutional and other laws.



(3) if upheld constitutional complaint natural or legal persons

According to the article. 87 para. 1 (b). (d)) of the Constitution, the Constitutional Court



and the contested decision cancels) a public authority, or



(b) if the violation of a constitutionally guaranteed) a fundamental right or freedom

consisted of another intervention by the public authority before a decision is, disables the

the competent national authority, in violation of the rights and freedoms

He continued, and orders him to, if possible, to restore the State before

a violation of.



(4) if the Assembly of the territorial constitutional complaint upheld

Government unit referred to in article. 87 para. 1 (b). (c)) of the Constitution, the Constitutional Court



and the contested decision cancels the State) authority, or



(b) violation of the guaranteed rights) if the Government consisted of a

the intervention of a State other than the competent State, it disables the decision authority

in violation of the rights of self-government continued, and orders him to,

If possible, restore the State before the breach.



(5) if the suggestion of a political party according to the article. 87 para. 1 (b).

(j)) of the Constitution, the Constitutional Court, the contested decision cancels.



section 83



Reimbursement of the costs of representation



(1) if it is justified by personal and financial circumstances of the complainant, in particular

does not have sufficient resources to pay the costs associated with

(section 29 and section 30 (1)), and if the constitutional complaint

rejected, the judge rapporteur shall, on application by the complainant submitted before

the first hearing, that the costs of its representation in whole or part

the State will pay.



(2) the judge shall decide on the proposal by the rapporteur, which is delivered by order

the complainant and the representatives. If the design completely, it may not be the resolution of the

justified.



(3) the representation costs shall be borne by the Constitutional Court from its budget.



(4) until the end of the proceedings, the judge-rapporteur the resolution referred to in paragraph

2 to cancel or change, possibly with retroactive effect, if

found that the ratios of the complainant did not justify the procedure referred to in paragraph 1,

or neodůvodňovaly.



§ 84



The payment of the costs of representation



(1) the costs under section 83 shall be reimbursed by the Constitutional Court for the attention of the representative after the end of

control. If it is justified, it shall provide the representatives upon request

appropriate backup.



(2) the Constitutional Court shall grant to the complainant, whose representation costs apply

State (section 83), to pay the costs, is the one which has been ordered to pay the

These costs shall be obliged to pay it to the Czech Republic in the extent to which

the complainant was entitled to the payment of the costs of representation. About

The Constitutional Court decides in a resolution on the costs.



(3) the reimbursement of the costs of the present proceedings is the State budget revenue.



Section four



Appeal against the judgment in case verification options

a Deputy or Senator



Appeal



§ 85



(1) an appeal against a decision relating to verification of the election of a Deputy

or Senator according to art. 87 para. 1 (b). (e)) of the Constitution (hereinafter referred to as "patch

resource ") is entitled to



and, Senator, Member of Parliament) or the election party, for which the Member or

the Senator ran against a decision that was not validly elected,



(b)) the one whose electoral complaints, according to the electoral law was upheld,

against the decision of the Chambers of Parliament or its authority on the

Verify the validity of the choice of a Deputy or Senator.



(2) an appeal may be filed within ten days from the date when the person

entitled to appeal the decision in accordance with paragraph

1.



§ 86



An appeal under section 85, the Constitutional Court has always held an oral hearing.



§ 87



For an appeal in the case of General provisions of this law on the

the document instituting the proceedings and for the one who appeal

the General provisions of this Act on the applicant.



§ 88



Parties and interveners



(1) a party to the proceedings on the appeal is also the authority which adopted the

the decision that the Deputy or Senator was or was not validly elected.



(2) when an appeal Filed pursuant to § 85 para. 1 (b). and)

or Senator, the intervener election party at which

the Deputy or Senator ran. If such an appeal is brought by the

election resource page, is a member of the intervener or

the Senator, whose appeal under § 85 para. 1 (b). and) refers to.



(3) the interveners on appeal pursuant to § 85 para.

1 (b). (b)) are the Deputy or Senator, against which validation options

the appeal is directed.



§ 89



Exclude the suspensive effect



Appeal against the judgment in the case of a Deputy or options validation

the Senator does not have suspensory effect.



§ 90



Termination of the proceeding



(1) in the case of appeal under § 85 para. 1 (b). and) constitutional

court proceedings be suspended if the person who filed the appeal, it

He took it back.



(2) in the case of appeal under § 85 para. 1 (b). (b)) constitutional

court proceedings be suspended if the person who filed the appeal, it

took it back, or if the Deputy or Senator, whose appeal is

the resource concerned, gave up the mandate.



(3) the Constitutional Court stops the proceedings if a member or

the Senator, whose appeal is concerned, has died. If so requested by

continued management of the husband or a relative in the ascending line within one month

from the death of, the proceedings are resumed.



§ 91



Find and its legal consequences



(1) the Constitutional Court decides that the findings, which remedy will satisfy

or it will be rejected.



(2) if the Constitutional Court appeal, said in the report,



and that the Deputy or Senator) was validly elected, ruled the appeal

resource under § 85 para. 1 (b). a), or



(b)) that the Deputy or Senator was not validly elected, decisions about

appeal pursuant to § 85 para. 1 (b). (b)).



(3) the announcement of the award pursuant to section 56, which the Constitutional Court upheld the response

the resource void decisions of other authorities, that this

findings are contradictory.



(4) the operative part of the award, the Chairperson shall issue a certificate which shall transmit

present participants and attendees.



The fifth section



Proceedings in cases of doubt about the loss of eligibility and incompatibility

functions of a Deputy or Senator according to art. 25 of the Constitution



§ 92



Submission of the proposal



(1) in case of doubt whether a Deputy or Senator mandate has lapsed for reasons of

referred to in article 14(2). 25 (a). d) or (f)) of the Constitution, shall be entitled to submit a proposal

The Constitutional Court, to determine whether the mandate of the Deputy or Senator has lapsed,



and the Deputy or Senator), whose mandate goes,



(b)) the President of the Chamber of Deputies, in the case of a member or the Chairman

The Senate, in the case of the Senator



(c) at least 20 members of the Group), in the case of a member, or group of at least

ten senators, if Senator.



(2) the provisions of § 64 para. 4 shall apply mutatis mutandis.



§ 93



Parties to the proceedings



Party to the proceedings as to whether the mandate of the Deputy or Senator has lapsed, it is

always a Deputy or Senator, whose mandate goes, and the Chairman of the

the Chamber of Deputies, in the case of a member, or the President of the Senate, in the case of the Senator and

If they are not to the applicant.



§ 94



Control



(1) on an application pursuant to § 92 para. 1 the Constitutional Court always held an oral hearing.



(2) the Constitutional Court stops the proceedings if the applicant took its proposal

back or if the Deputy or Senator, whose mandate goes, the demise of

the mandate of the acknowledged.



(3) the Constitutional Court stops the proceedings if a member or

the Senator, whose appeal is concerned, has died. If so requested by

continued management of the husband or a relative in the ascending line within one month

from the death of, the proceedings are resumed.



§ 95



Find



(1) the Constitutional Court finding decides that the mandate of the Deputy or Senator

It ceased to exist for the reasons given in the article. 25 (a). d) or (f)) of the Constitution, or

said, that the alleged facts that could have been the reason of termination of mandate

According to the article. 25 (a). d) or (f)) of the Constitution, was not made.



(2) of the operative part of the award, the Chairperson shall issue a certificate which shall transmit

present participants.



The sixth section



The procedure for the constitutional action against the President of the Republic



§ 96



cancelled



§ 97



The constitutional action brought



(1) the Constitutional Court referred to in article. 87 para. 1 (b). (g)) of the Constitution on the basis of an action

The Senate decides whether the President has committed treason or


gross violations of the Constitution or other components of the constitutional order. The procedure is

defendant brought to the Constitutional Court.



(2) the constitutional action against the President of the Republic according to article. 65 paragraph 1. 2

The Constitution (hereinafter referred to as "constitutional claim") must contain an accurate account of the

the negotiations, which the President of the Republic had to commit high treason or

gross violations of the Constitution or other components of the constitutional order, together with the

giving evidence, on which the constitutional claim is based.



(3) the Constitutional Court shall discuss Constitutional claim priority over other

proposals.



(4) the General provisions of title first, this part of the law on the constitutional

the lawsuit does not apply with the exception of the provisions of § 36, § 43 to 52 to 59 and 61.



§ 98



Termination of the proceeding



(1) if the Constitutional Court, before he went to the final

consultation, delivered to the Senate resolution, which invokes the constitutional lawsuit

The constitutional court proceedings stopped.



(2) the Constitutional Court also stops the proceedings if the President

Republic after his initiation he died. If so requested by the continuation of the proceedings

husband or a relative in the ascending line within one month from the death, in the proceedings

is continued.



(3) the fact that the President of the Republic after the proceedings gave up their

the authority or its features to lapse on the expiry of the period for which he was elected,

There is no reason to stop the proceedings.



§ 99



Representation in proceedings



The Senate in the constitutional action before the Constitutional Court shall act in his

the President or the person by the Senate.



§ 100



Defenders of the



President of the Republic, against which has been made of the constitutional Bill, has the right to

choose one or more advocates; at least one of them must be

lawyer.



Oral proceedings



§ 101



(1) the judge rapporteur, as necessary, make up to the investigation carried out by the Senate,

Alternatively, ask the Senate to complete the investigation and action, and prepares an oral

the negotiations.



(2) the Constitutional Court's constitutional action takes place always hearing.



§ 102



The constitutional President of the Republic the Constitutional Court delivers action and at the same time

It shall inform the President of the Republic and a representative of the Senate about the time and venue

an oral hearing, at least ten days in advance. In doing so, the President of the

Republic notifies you that it will be heard in his absence does not appear to

without proper excuse to act or without sufficient reason, in the course of

negotiations prematurely moves away.



§ 103



(1) oral proceedings shall initiate communication, the things that the President will be

discussed, then see if they attend the people that were to be

meetings summoned or notified about it, and find their identity.



(2) if the President of the Republic or by a representative of the Senate (hereinafter referred to as

"the parties") to those presiding in the management of the negotiations may be truncated

request that decided by the plenary.



(3) if any of the persons invited came to her, decides Constitutional

the Court, after hearing the parties, whether it is possible to perform or whether an oral hearing is

to be continue.



(4) after performing the operations according to the previous provisions on the challenge raised by

the representative of the Chairman of the Senate constitutional claim. After the presentation of the action can be

the presiding President of the Republic and its defenders opportunity to her

Express; then the evidentiary proceedings.



(5) the President of the Republic, his lawyer and a representative of the Senate shall have the right

comment on the evidence witnesses and experts, to ask questions and

to submit proposals for additional evidence.



(6) if there is no other evidence or proposals, it was decided that the next

evidence has already made will not be evidence that terminates the President and give

representatives of the Senate and the then President of the Republic and its defenders opportunity

make a final speech. After that, the Constitutional Court removes the final

consultation.



(7) if the Constitutional Court finds that, due to the talk or the final

the final meeting, it is necessary to clarify further the circumstances you may decide

the taking of evidence to be completed, and in the procedure continues.



(8) after additional evidence can be President again the word represented by the Senate

and the President of the Republic and its defenders to the final talk.



§ 104



Find and its legal consequences



(1) after the end of the oral proceedings, the Constitutional Court constitutional action either meet

and decides that the President of the Republic has committed treason or gross

violations of the Constitution or other components of the constitutional order, or constitutional

the action relieved.



(2) once the find, which was declared constitutional claim,

under section 56, President of the Republic Presidency and eligibility

it to recover. Entitled to a presidential salary and other benefits after the end of

performance of the duties under the special law does not belong to him.



(3) of the operative part of the award, the Chairperson shall issue a certificate which shall transmit

present to the parties.



Recovery management



§ 105



(1) a person who, according to the Constitutional Court guilty of high treason or

gross violations of the Constitution or other components of the constitutional order, can

ask the Constitutional Court to constitutional lawsuit has been restored,



and if such a finding) of the Constitutional Court was affected by a crime

another person,



(b)) if new facts or evidence that without their guilt could not

apply in the main proceedings and which by themselves or in conjunction with

facts and evidence known previously could lead to that would be

constitutional action.



(2) after the death of a person referred to in paragraph 1 may apply for a retrial on the constitutional

action ask her husband or a relative in the ascending line.



Section 106



On the request for a retrial under section 105 shall be decided by the Constitutional Court without

the oral proceedings. The renewed management takes place on the basis of the original constitutional

of the action.



§ 107



If the person specified in § 105 para. 1 in the restored constitutional action management

a dispensation, not lost the Presidency.



section 108



Unless this Act provides otherwise, shall apply to proceedings on the constitutional

the application, mutatis mutandis, the provisions of the code of criminal procedure relating to proceedings before the Court.



The seventh section



Management of the President of the Republic on the proposal to repeal the resolution of the

the House and Senate under art. 66 of the Constitution



section 109



Submission of the proposal



(1) the Act on the matter to the Chamber of Deputies and the Senate under art. 66 of the Constitution, that

President of the Republic for serious reasons cannot exercise its authority, it is

President of the Republic shall be entitled to propose to the Constitutional Court, that this

the resolution of the cancellation.



(2) the application referred to in paragraph 1, the President of the Republic is entitled to from the

date of adoption of the resolution of the Chamber of Deputies and the Senate, according to the article. 66 of the Constitution

within ten days of the receipt by the resolution of the Chamber of Deputies and the Senate have already

can exercise his Office.



§ 110



Termination of the proceeding



The President of the Republic may, until the Constitutional Court removes the

the final meeting, withdraw the proposal under section 109 of the back. In this case,

The constitutional court proceedings stopped. The Constitutional Court also stops the proceedings if the

President of the Republic died.



§ 111



Parties to the proceedings



The parties are also the Chamber of Deputies and the Senate.



§ 112



Request documents



The Chamber of Deputies and the Senate shall submit without delay to the Constitutional Court on its

challenge papers, of which the resolution is based on, and propose, where appropriate,

For more evidence that the President of the Republic at the time of adoption of the resolution and

its duration could not, or cannot, for important reasons your Office

perform.



§ 113



Oral proceedings



A hearing on the proposal of the President, pursuant to section 109 shall initiate the Constitutional

the Court not later than five days from the day on which it was delivered.



section 114



Interim measures



The Constitutional Court may, on a proposal from the President of the Republic as a precaution

to suspend the exercise of the powers referred to in article. 66 of the Constitution and to suspend publication

According to the article. 52 of the Constitution has not yet nevyhlášených laws, to which the President of the

States could not enjoy their rights under art. 50 para. 1 of the Constitution.



Find and its legal consequences



section 115



(1) the Constitutional Court shall decide on the proposal in accordance with section 109 within 15 days of its

delivery.



(2) the Constitutional Court shall decide whether at the time of adoption of the resolution of the

the House and Senate under article 66 of the Constitution the President could not your

the authority for compelling reasons to exercise, or when such obstacle

the Office's performance persisted.



(3) if the Constitutional Court decides that, at the time of adoption of the resolution of the

the House and Senate under art. 66 of the Constitution have not been compelling reasons for which

President of the Republic would be unable to exercise its authority, or that at the time

the duration of such resolutions have passed away, his finding such a resolution clears the

The Chamber of Deputies and the Senate completely or for an equivalent period.



(4) if the Constitutional Court decides that, at the time of adoption of the resolution of the

the House and Senate were serious grounds on which the President of the Republic

was unable to exercise its authority, and that the date of the adoption of the Constitutional Court

nepominuly, President of the Republic on the proposal to repeal the resolution of the

the House and Senate will be rejected.



§ 116



Acts carried out by the Prime Minister instead of President of the Republic, or

the Chairman of the Chamber of Deputies, where appropriate, the President of the Chamber referred to in article. 66

The Constitution at a time when, according to the findings of the Constitutional Court were not severe

the reasons for which the President of the Republic was unable to exercise its authority,

do not force.



The eighth section



The management of the measures necessary for the implementation of the decisions of the international

Court



§ 117



The International Court of




An International Court for the purposes of this Act, the international

the authority, whose decisions are binding for the Czech Republic in accordance with

international agreements that are part of the legal order (hereinafter referred to as

"international agreement").



the title launched



§ 118



Proposal to repeal legislation



(1) where an International Court Found that intervention by a public authority was

violated a pledge that the Czech Republic arises from the international

Treaty, in particular, that this compels human right has been infringed or

the basic freedom of natural or legal persons, and, if such

violating the law is amended, the Government shall submit to the Constitutional Court

proposal to repeal such a law or its individual

provisions, if the revocation or modification cannot ensure in any other way.

The provisions of § 35 para. 1 of the inadmissibility of the application initiating proceedings in the

things about which the Constitutional Court has already ruled, does not apply in this case.



(2) the Constitutional Court shall proceed in the proceedings referred to in paragraph 1 in accordance with section

the first of this title.



Proposal for revision



§ 119



(1) if the Constitutional Court Ruled in a case in which an International Court found

the intervention of a public authority would be contrary to an international agreement

infringed human right or fundamental freedom can be against such a

decisions of the Constitutional Court on retrial under the conditions

laid down in this law.



(2) the application for renewal of proceedings before the Constitutional Court is entitled to one

who was in the case referred to in paragraph 1, the party to the proceedings before the constitutional

the Court, in favour of whom an International Court has ruled.



(3) the application for revision may be made within six months from the date on which

the famous decision of the International Court in accordance with the relevant international

the Treaty becomes final. ^ 3 c) the proposal must include the addition to the General

requirements (section 34) reference to the decision of the Constitutional Court, against which the

, reference to the decision of the International Court, on which it relies, and

presentation, in what is considered to be a contradiction with the decision of the Constitutional Court

decision of an International Court.



(4) together with a proposal for a retrial may be filed for annulment

Act or other legislation or their individual

the provisions whose application of the occurrence of the event which is the subject

the proposal on the retrial, if the claimant's allegations are based on the

contrary to constitutional law, or with the law, if it is about another

legal prescription.



(5) the parties to the proceedings on the application for renewal of proceedings are also participants in the

proceedings before the Constitutional Court, whose restoration is proposed, who are not

to the applicant; those who were interveners in this proceeding, are

They also control on an application for a retrial.



(6) For a refund and payment of the costs of representation in the proceedings on the application for

the recovery procedure, the provisions of sections 83 and 84.



section 119a



(1) the application for renewal of proceedings is inadmissible if the consequences of a breach of the

human right or fundamental freedom is no longer applicable and are sufficiently

remedied by providing fair compensation under the decision

International Court or if the axle has been achieved otherwise.



(2) the Constitutional Court will not refuse acceptance of a proposal for revision of the reasons

referred to in paragraph 1, if the public interest in restoring the control significantly

exceeds the self-interest of the petitioner.



section 119b



(1) on the application for revision shall be decided by the Constitutional Court without oral

the negotiations. If the finding of the Constitutional Court is contrary to the decision of the

the International Court, the Constitutional Court cancels the award; otherwise, the proposal will be rejected.



(2) Annul the Constitutional Court on the basis of the proposal for the renewal of its management

the previous finding, re-examine the original proceedings pursuant to

the relevant provisions of this Act.



(3) in the new Constitutional Court finding is based on the legal opinion of the international

the Court.



(4) If the new Constitutional Court will cancel the previous

the decision applies to the procedure of the authorities competent to decide on the case

Similarly, paragraph 235i paragraph. 3 of the code of civil procedure.



(5) if the Constitutional Court Ruled the resolution and this resolution procedure has been

completed, the provisions of paragraphs 1 to 4 apply mutatis mutandis.



The ninth section



Proceedings in disputes about the scope of the competence of State bodies and territorial

Self-Government



§ 120



Submission of the proposal



(1) in proceedings in disputes about the scope of the competence of State bodies and authorities

territorial self-government pursuant to article. 87 para. 1 (b). to the Constitutional Court) of the Constitution

decides disputes between State bodies and institutions of local government

units of jurisdiction to issue a decision or take measures or other

interventions (hereinafter referred to as "the decision") in the case referred to in the application for the initiation of the

proceedings (hereinafter referred to as "conflicts of jurisdiction").



(2) proceedings in the settlement of the dispute is entitled to file an



and the State authority in the level) of a dispute between the State and territorial authorities

a total of or in settlement of a dispute between the State authorities,



(b) local government unit) in the settlement of the dispute

between the territorial Government and the State, or in the settlement of the dispute

between territorial self-governing units to each other.



§ 121



The participants in the



Parties to the proceedings in matters of conflicts of jurisdiction are also the public authorities and

territorial self-governing units, which are listed in the application for the initiation of the

proceedings, or that claim that they are competent to issue a decision in a case

referred to in the proposal, or that such competence.



§ 122



Inadmissibility of the proposal



(1) the application is inadmissible, it is for the candidates to decide on the dispute

another body under a special law.



(2) the proposal is also inadmissible, it is for the candidates to decide on

the dispute body along the superior authorities, including competency dispute

originated.



§ 123



Termination of the proceeding



If the proposal was not in accordance with § 120 paragraph 1. 2 the applicant may be rejected, to take

back only with the consent of the Constitutional Court; in this case, the court proceedings

stops.



Find and its legal consequences



§ 124



(1) the Constitutional Court finding to decide which authority is competent to issue

decision in the case referred to in the notice of initiation.



(2) in the case of competency dispute between State authority and territorial

Government, the Constitutional Court decides whether the matter falls within the competence of

the State or local authorities.



section 125



(1) if the authority, which is a party to the proceedings in the settlement of the dispute,

issued a decision in the case referred to in the application initiating proceedings and pursuant to

The Constitutional Court is to issue such a decision of the competent authority,

The Constitutional Court its findings of such a decision.



(2) if the authority, which is a party to the proceedings in the settlement of the dispute,

It has issued a decision which his competency, and denied according to the findings

The Constitutional Court is to issue a decision in the matter of jurisdiction, the Constitutional Court

such a decision on their findings.



The tenth section



In cases concerning the referendum on the accession of the Czech Republic to the European

Union



Proceedings of the nevyhlášení referendum



section 125a



Submission of the proposal



(1) an appeal against a decision of the President of the Republic, that the

the repeated referendum on the accession of the Czech Republic to the European Union

nevyhlásí may make the Government or jointly by at least two-fifths of the members

or jointly by two-fifths of the Senators within 20 days from the date of the decision

President of the Republic, that the referendum nevyhlásí or from the date of expiry of the

the 30-day period referred to in article 14(2). 4 constitutional law on referendum

accession of the Czech Republic to the European Union, without the President of the

the Republic referendum declared or decided that the referendum nevyhlásí.



(2) the proposal of a group of MPs or senators ' group referred to in paragraph 1 shall

be signed set number of deputies or senators.



(3) on the proposal submitted pursuant to paragraph 1 shall inform the Constitutional Court of the Constitutional

the Court of the President without delay.



(4) Constitutional Court shall discuss the proposal referred to in paragraph 1, excluding the order in which

It has received, and without undue delay.



section 125b



Parties to the proceedings



The party is next to the plaintiff always President of the Republic and also

the Government.



§ 21A.125c



Find and its legal consequences



If the Constitutional Court accepts the proposal, lodged under section 125a, finding said,

the President of the Republic is obliged to hold a referendum to declare, within 10 days from the date of

the announcement of the decision of the Constitutional Court, so that the referendum held in the

the period beginning on the 30th day and ending on the 60th day after the publication of

the referendum. If the Constitutional Court confirms the decision of the President of the Republic,

the proposal will be rejected.



Proceedings on the illegality of the procedure for a referendum



§ 125d



Submission of the proposal



(1) proposal for a decision on whether the procedure for the implementation of

the referendum on the accession of the Czech Republic to the European Union is in accordance with the

the constitutional law on the referendum on the accession of the Czech Republic to the European

Union or with the law issued for its implementation, every citizen can lodge

eligible to vote in the referendum, and no later than 10 days from the date in

which ended up voting in the referendum.



(2) a proposal submitted pursuant to paragraph 1 to the Constitutional Court, as well as the

the rejection of the proposal, it shall notify without delay to the President of the Republic, the Constitutional Court.



(3) the Constitutional Court shall discuss the proposal referred to in paragraph 1, excluding the order in which

It has received, and without undue delay.



section 125e



Parties to the proceedings




The party is next to the applicant by the competent authority for a referendum.



Section 125f



Find and its legal consequences



(1) If, after completion of the proceedings, the Constitutional Court concluded that the procedure for

the implementation of the referendum was not in accordance with the constitutional law on referendum

accession of the Czech Republic to the European Union or of the law issued by the

its implementation, and could be affected by the result of non-compliance identified

the referendum, the Constitutional Court said that the finding of the



and in the implementation of the referendum) the procedure was not in accordance with those laws,

provisions, and indicate which provisions of the constitutional law on referendum

accession of the Czech Republic to the European Union, or which provisions

the law issued for its implementation have been violated,



(b) the outcome of the referendum, nevyhlásí),



(c) the President of the Republic shall declare a referendum) again.



(2) If, after completion of the proceedings, the Constitutional Court concluded that the procedure for

the implementation of the referendum was in line with the constitutional law on referendum

accession of the Czech Republic to the European Union and with the law issued by his

the design, discovery, decides that the referendum was carried out in accordance with the

the constitutional law on the referendum on the accession of the Czech Republic to the European

the Union and the law issued for its implementation, and a proposal will be rejected. As well

decide if after completion of the procedure, the procedure for

the implementation of the referendum was not in accordance with the constitutional law on referendum

accession of the Czech Republic to the European Union or of the law issued by the

its implementation, however, the result of the referendum could not be found

non-compliance affected.



PART THREE



Remuneration of a judge and an Assistant



§ 126



cancelled



§ 127



cancelled



§ 128



cancelled



§ 129



cancelled



§ 130



cancelled



§ 131



Remuneration of the Assistant shall be governed by a special law. ^ 4)



PART FOUR



Disciplinary transgressions and disciplinary proceedings



Disciplinary transgressions



§ 132



The judge is able in the printer responsible for disciplinary transgressions.



§ 133



(1) the Disciplinary offense is an act whereby the judge reduces the severity and

the dignity of his Office or undermines confidence in an independent and impartial

decisions of the Constitutional Court, as well as other culpable breach of duties

judge.



(2) the Disciplinary offense is also a practice that is an offence under the

the specific legislation.



Disciplinary proceedings



§ 134



(1) to initiate the disciplinary proceedings shall be decided by the President of the Constitutional Court

by resolution. The resolution must be justified and be served on the judges, against

which the disciplinary procedure is commenced.



(2) to initiate disciplinary proceedings with the Chairman of the Constitutional Court may

the existence of the plenary of the joint proposal of at least three judges.



(3) the Disciplinary proceedings can be instituted within one year from the date of the hearing,

that is the reason to start the disciplinary proceedings have occurred.



§ 135



After a period of disciplinary proceedings for a disciplinary offence pursuant to § 133 paragraph 2. 1 cannot

the judge make any acts related to the exercise of their judicial functions. If

the judge President of the Senate or a member of the Senate, the President of the constitutional

Court, that of the other judges will be representing a member of the Senate. If

the Chairman of the Constitutional Court, the judge shall exercise its function of Vice Chairman.



§ 136



The provisions of section 135 shall apply mutatis mutandis to the amount of time that is against judges

criminal prosecution.



§ 137



(1) order of the President of the Constitutional Court of the initiation of disciplinary proceedings

shall submit to the plenary.



(2) judges, against whom disciplinary proceedings are opened, must be allowed to

comment on the reasons for the resolution on the initiation of the disciplinary proceedings and to participate in the

meeting of the Assembly, in this case with the exception of the deliberations and the vote.



§ 138



For the taking of evidence in disciplinary proceedings shall apply mutatis mutandis the corresponding

the provisions of the law on criminal procedure.



§ 139



(1) the plenary disciplinary proceedings will stop if it finds it, is the reason. In the same case

disciplinary proceedings cannot be initiated.



(2) if the disciplinary proceedings was not stopped, the plenary shall elect from among its

five-member disciplinary chamber, which hears and decides.



§ 140



(1) the Disciplinary Senate at its first meeting shall elect from among its members

the President, who controls his actions. The Disciplinary Chamber is capable of acting and

quorum is present, if all its members; by a majority

votes. The provisions of section 20 shall apply mutatis mutandis.



(2) when deciding the Disciplinary Chamber is bound by the reasons of disciplinary proceedings

referred to in the resolution on its launch.



(3) the judge, that the disciplinary proceedings are conducted has the right to participate in the

the hearing of the disciplinary chamber with the exception of the deliberations and voting, comment on

reasons for the disciplinary proceedings and to evidence, put questions to the witnesses and experts

questions and to submit proposals for additional evidence.



§ 141



The Disciplinary Chamber shall rule so that the acts referred to in the resolution on the initiation of the

the disciplinary proceedings, the judge makes his own, or disciplinary proceedings unless stops

disciplinary transgressions.



§ 142



(1) the resolution of the Disciplinary Chamber to stop the disciplinary proceedings may

lodged within 15 days from the date of its delivery to the objections of the President of the Constitutional Court

where appropriate, the judges, who have submitted a proposal to begin the disciplinary proceedings under section

134 para. 2. the plenary will decide on the opposition so that the resolution of the Disciplinary Chamber

either confirm or cancel and return the matter for reconsideration; instructions

plenum to complement the management of disciplinary chamber is bound.



(2) if the Disciplinary Chamber against the decision referred to in paragraph 1

the opposition is not, or if such a resolution by the plenary confirmed

staring at the judge, as might the disciplinary proceedings were not initiated. In the same

things you cannot initiate disciplinary proceedings.



(3) Against the resolution of the Disciplinary Chamber, which judges his acts

vytknuto may, within 15 days from the date of its delivery to bring this judge

objections. About opposition by the plenary, so that either the disciplinary resolution

Senate confirms or cancels or returns the matter to the new

consultation; instructions for completion of the full management of the Disciplinary Chamber is bound.



Other decisions



§ 143



In accordance with this section shall also apply mutatis mutandis in determining whether



and performs the functions of a judge or) other gainful activity that is incompatible with

the functions of the judge are compatible,



(b) the judge is a member) is a political party or political movement,



(c)) the judge hearing the Constitutional Court does not participate for a period of more than one

of the year.



§ 144



(1) if the disciplinary procedure showed that the judge committed such an

hearing that his remaining in Office would be in conflict with the Mission of

The Constitutional Court and with the status of its judges, and if the resolution of the

the Disciplinary Chamber, which judges his acts vytknuto, have been made

objections, or if such a resolution confirmed by the plenary, the plenary

the judges will decide whether its function shall be extinguished. A proposal for such a resolution may

the Chairman of the Disciplinary Chamber may submit.



(2) the resolution referred to in paragraph 1 is to require the consent of at least nine

judges. About the proposal, the plenary to act and pass resolutions, if present

at least 12 judges.



PART FIVE



Transitional and final provisions



§ 145



(1) where a public authority intervention ^ 5)



and) the United States or



(b)) of the Czech and Slovak Federal Republic in the scope of the

According to the constitutional and other laws from 1. January 1993 took over the authorities of the Czech

Republic, ^ 6)

occurred before the 1. in January 1993, and if the time for filing a constitutional complaint

the Constitutional Court of the Czech and Slovak Federal Republic provided for in §

55 paragraph 1. 3 of Act No. 483/1991 Coll. began after 2. November 1992, can be

against such intervention to submit a constitutional complaint to the Constitutional Court within 60

days from the date when this law came into effect.



(2) if the Constitutional Court finds that the constitutional complaint is not directed against the intervention

the public authority referred to in paragraph 1, the procedure stops.



§ 146



(1) the constitutional complaint or proposal pursuant to § 72 para. 1 may be subject to the conditions

provided for in this Act may be submitted against the interference of the public authorities, to the

which took place from 1. January 1993 to the date on which this law came into effect.



(2) the time-limit for lodging a constitutional complaint or a proposal referred to in paragraph 1

shall apply mutatis mutandis the provisions of § 72 para. 2 or § 73 para. 2, the deadline

for their administration, which otherwise would have begun before the date when this law

took effect, starts before that date.



§ 147



The constitutional complaints that were referred to in the provisions on the Constitutional Court of the Czech and

Slovak Federal Republic it submitted before the 1. in January 1993, and the

where the Constitutional Court decided, the Constitutional Court shall discuss and decide on the

them, with regard to the intervention of the public authorities referred to in § 145 paragraph. 1.



§ 148



(1) a constitutional complaint pursuant to § 145 to 147, the Constitutional Court shall consult and

a decision thereon under this Act.



(2) in determining whether has been violated constitutionally guaranteed fundamental rights and

freedom of the complainant, ^ 7) is based on the Constitutional Court from the Charter of fundamental rights of the

and freedoms ^ 8) and of the international treaties on human rights and fundamental

freedoms by which the Czech Republic is bound.



§ 149



The Constitutional Court takes over the activities of the oath of Office on the twelfth of the judge.

The President of the Constitutional Court judge shall convene the meeting within 15 days from the

oath of judge of the twelfth. Pending the appointment of the Chairman and the

the Vice-Presidents of the Constitutional Court performs the function of Chairman of the Constitutional Court and the

the Vice-Presidents of the Constitutional Court, the age of the oldest judges.



§ 150



This Act shall take effect on 1 January 2000. July 1993.



Uhde v.r.



Havel v.r.



Klaus v.r.




Selected provisions of the novel



Article. IV of law no 404/2012 Sb.



Transitional provisions



1. the constitutional complaint against the decision on the procedural means to protect

the law, which could be challenged by an extraordinary remedy under §

72 para. 4 of law No. 182/1993 Coll., in the version in force prior to the date of acquisition

the effectiveness of this law, it is permissible, if the deadline for exercising

According to the existing legislation began to accrue to the complainant prior to the

the effective date of this Act, and if the complainant this extraordinary

an appeal within the time limit under the existing legislation

She has not.



2. If the period Began for filing a constitutional complaint flow prior to the date

the acquisition of this law, shall be established by the end of the pursuant to Act No. 182/1993 Coll.

in the version in force before the date of entry into force of this Act.



1) Act No. 84/1990 Coll. on the right of Assembly, as amended by Act No.

175/1990 Coll.



1A) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



1B) section 1 of the Act No. 133/2000 Coll., as amended by Act No. 53/2004 Sb.



2A) Act No. 201/2002 Coll., on the Office of the Government representation in matters of

property.



§ 274 (b) (3)). h) of the Act No. 99/1963 Coll., the code of civil procedure, as amended by

amended.



3A) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

amended.



Act No. 129/2000 Coll., on regions (regional establishment), as amended

regulations.



Act No. 133/2000 Coll., on the capital city of Prague, as subsequently amended

regulations.



3B) Act No. 128/2000 Coll., as amended.



3 c) Article. 44 of the Convention on the protection of human rights and fundamental freedoms, as amended by

subsequent protocols, published by communication No. 209/1992 Coll., as amended by

communication No. 41/1996 Coll., and communication No. 244/1998 Coll.



4) Act No. 143/1992 Coll., on salary and remuneration for stand-by duty in

the budget and certain other organisations and bodies.



5) Article. 6 the Constitutional Act No. 91/1991 Coll., on the Constitutional Court of the Czech and

Slovak Federal Republic.



in particular, article 6). 3 constitutional law No. 4/1993 Coll. on measures

related to the dissolution of the Czech and Slovak Federal Republic.



7) Article. 6 the Constitutional Act No. 91/1991 Coll., article 87 paragraph 1. 1 (b). (d)) of the Constitution

Of the Czech Republic.



8) resolution of the Presidium of the CZECH NATIONAL COUNCIL No. 2/1993 Coll., on the publication of the CHARTER

Fundamental rights and freedoms as part of the constitutional order of the Czech

of the Republic.