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.