The Interpretation Of The Admissibility And The Deadline To Submit A Constitutional Complaint

Original Language Title: výklad přípustnosti a lhůty k podání ústavní stížnosti

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32/2003 Coll.


The Constitutional Court

The plenary of the Constitutional Court, with reference to the article. 87 para. 1 (b). (I)) of the Constitution

agreed on their non-public meetings held on December 14. and 21. January 2003,

to change the existing practice, a majority of the judges of the Constitutional Court

admitting the co-administration of extraordinary appeal and

constitutional complaints against the final decision of the general courts, with

having regard to the opinion of the European Court of human rights when I say in

decision 2. This section of the Court of 12. November 2002 in complaint

# 46129/99 and in the decision of the same section of the European Court of human rights

from the same date in complaint No. 47273/99. In the future will be the judges and

the boards of the Constitutional Court interpreted the admissibility of and time limit for the submission of the constitutional

the complaint, which the Constitutional Court shall decide according to the article. 87 para. 1 (b). (d))

The Constitution, in the event of overlapping with extraordinary appeals with

the exception of recovery proceedings as follows:

1. In the case of submission of extraordinary appeal the constitutional

a complaint is considered permissible until after the decision of the extraordinary

the appeal, with the exception of the decision on retrial.

2. The 60-day time limit for filing a constitutional complaint begins on the day

notification of the decision of the extraordinary appeal, with the exception of the renewal

regardless of how management decisions of the extraordinary appeal

resource. The time limit will be considered to be preserved in relation to the

previous final decision.

Plenum of the Constitutional Court has decided that this communication to be posted in the

The collection of laws under section 2 (2). 1 (b). (b)) of the Act No. 309/1999 Coll., on the

The collection of laws and the Collection of international treaties.

The President of the Constitutional Court:

in the z.. Wagner v. r.

Vice-President of the