107/1996 Coll.
FIND
The Constitutional Court of the Czech Republic
On behalf of the United States
The Constitutional Court of the Czech Republic decided on 28. February 1996 in plenary in the matter
the petitioner--members of the Group of deputies of the Czech Parliament
Republic, represented by a member of JUDr. Jaroslav Ortmanem, and participant
proceedings--the Chamber of deputies of the Czech Parliament on the proposal on
repeal of the law No. 34/1995 Coll. supplementing Act No. 76/1959 Coll.
on certain service conditions of soldiers, as amended,
as well as in the case of the plaintiff--a group of MPs of the House
The Parliament of the United Kingdom, represented by a member of JUDr. Jaroslav
Ortmanem, and of the party--the Chamber of deputies of the Czech Parliament
the Republic on a proposal to repeal of the law No. 33/1995 Coll., amending and
supplementing Act of the Czech National Council No. 186/1992 Coll., on the prison service
members of the police of the Czech Republic, as amended, and
Act No. 100/1970 Coll., on the service of members of the Corps of national
safety, as subsequently amended,
as follows:
Proposals are rejected.
Justification:
Part Ia)
IA/1
3 December 2004. April 1995 filed a group of 42 members of the Chamber of Deputies
The Parliament of the United Kingdom proposal to repeal Act No. 34/1995 Coll.
supplementing the Act No. 76/1959 Coll., on some service
proportions of soldiers, as amended. The proposal challenged the law
No 34/1995 Coll. supplement the provisions of § 33 para. 9 of Act No. 76/1959 Coll.
so that rule out certain periods of service credits to the time of the service
applicable to the entitlement to the allowance and the amount of výsluhový. In the interim
provisions to modify effective from 1. April 1995 stated that the new
assessment of výsluhového, i.e. the contribution. not later than 31 December 2006. October 1995,
the payment of the suspended (art. 37a).
A group of deputies in its proposal maintains that law No 34/1995 Coll. in
contrary to the Constitution of the Czech Republic (hereinafter referred to as "the Constitution"), and with the Charter
fundamental rights and freedoms ("the Charter"). Namely, it is alleged that
the fact that the contested Act No. 34/1995 Coll. violates the constitutional principle of
equality of citizens before the law within the meaning of article 87(1). 1 of the Charter. According to the article. 28
Of the Charter to the citizens the right to a fair remuneration for work which
included are, in terms of troops, whether or not cash benefits-výsluhový
the allowance, transitional allowance and úmrtné. In the výsluhovém of the allowance shall reflect the
a fair remuneration for work done, extraordinarily difficult work
the conditions and limitations laid down by law in comparison with civil
employees. Výsluhový post is the dose, which is in accordance with § 33 para. 2
Act No. 76/1959 Coll. on the Social Security Act. It
means the entitlement to this benefit is not lost and that the passage of time
being barred only entitlement to payment of the individual benefits or parts thereof
(section 97 of the Act No. 100/1988 Coll. on social security, as amended by
amended). Right to equitable remuneration for work done
may be restricted only by law (article 41, paragraph 1, of the Charter), which must
apply equally to all cases that meet the specified conditions
(article 4, paragraph 3, of the Charter), and must not mean any discrimination
an individual or group of persons because of their "other status" (article 3,
paragraph. 1 of the Charter).
In terms of constitutionality is further in the opinion of the appellants ' essential that
the contested act has retroactive effect, as from 1 January 2002. April 1995
withdrawing a certain group of citizens of the United States on the basis of law acquired
entitled to the výsluhový post. Act No. 34/1995 Coll., with retroactive effect
the entitlement to reglementuje nepromlčitelný výsluhový post
and withdrawing or reducing claims arising from it. From the definition of right and
false-retroactivity of legal rules, contained in the award TC CR SP. zn.
PL. ÚS 3/94, it is clear that in the case of Act No. 34/1995.
right, which is the retroactive effect in the legal State is disabled.
The promoters will also draw attention to the fact that the Government of the Czech
the Republic of its resolution of 21 November 2002. December 1994 no. 729 in favour of
disagreement with the wording of the proposal of the contested Law Group.
Act No. 34/1995 Coll., in their opinion, retroactively cancels
lawfully acquired rights.
Of all these reasons, therefore, a group of Deputies proposes to Act No.
34/1995 Coll., as amended, to rescind.
IA/2
Application for annulment of the law according to art. 87 para. 1 (b). and the Constitution and § 64)
paragraph. 1 (b). b) Act No. 182/1993 Coll., on the Constitutional Court, as amended by
amended, brought a group of čtyřicetidvou members who
their ranks have mandated representation in proceedings before the Constitutional Court.
Jaroslav Ortmana.
After finding out that there are no grounds or for the rejection in the sense of §
43 of Act No. 182/1993 Coll., or for the termination of the proceeding pursuant to section 67 of the same
the law, the proposal was in accordance with the provisions of section 69 of the Act is sent
Parliament of the Czech Republic with an invitation to comment. Due to the negative
the opinion of the Government of the Czech Republic to the resulting design of the contested
Act No. 34/1995 Coll., the President was asked about his sending
To the Constitutional Court. In the framework of the provision of other documentary evidence in
According to § 42 para. 2 Act No. 182/1993 Coll., Constitutional Court
opinion of the competent ministries, IE. the defense, Interior, justice,
and labour and Social Affairs, in which she had to express the inherent nature of
activities of the persons listed in § 33 para. 9 (a). a) to (g)) of law No.
76/1959 Coll., as amended by Act No. 34/1995 Sb.; It has also been requested
opinion on the provisional Director of the security intelligence service.
In the course of the proceedings, the Constitutional Court came to the conclusion that it should be důkazně
to supplement even certain claims of the appellants, their representative therefore urged the
to tween.
In its observations of the appellants ' representative noted that the statement
related to výsluhovému contribution refers to the entire set of troops, it
means, including a subset of the soldiers, which States the law No 34/1995 Coll.
article. I, point 1 (b). a) to (g)), the distinction of the soldiers for the purpose of their claim
on výsluhový post did not carry out a group of Deputies, but challenged the law.
The appellants ' representative further pointed out that the post was for the service
introduced legal measures of the Bureau of the National Assembly no.
165/1964 Coll. and modified by law No. 165/1978 Coll. later for more
the amendment was implemented by Act No. 229/1992 Coll., which also changed the
his mark on the výsluhový post. Before the amendment, by law No.
34/1995 Coll. on výsluhový had a post entitled under the specified conditions
all the soldiers from leaving the service, regardless of their
position, because it was not for, due to the nature of their
services, reasonable grounds. Výsluhový post was and is to function as a
výsluhového pension, because it always assumes that the service of soldiers
of occupation cannot be and is not-as is the case in other armies
--their lifelong profession (with some exceptions). The released soldiers
of them was and is their výsluhový allowance provided to 60
years to their age to help in their other employment in civil
life there has been more significant drop in their income and standard of living
level.
Because the law No 34/1995 Coll. applies to those soldiers listed in
categories referred to in article 37(1). I, point 1 (b). a) to (g)) who were
rehabilitated pursuant to Act No. 119/1990 Coll. and carry out service after 13.
in May 1992, the expression of a summary of the legislation
limited or otherwise modifikovaly the rights of soldiers, who upon release from
the service had a claim to the post, and výsluhový it in
comparison with civil servants.
IA/3
Recap of the requested opinions
And)
The Parliament of the Czech Republic
Parliament of the Czech Republic, as a party to the proceedings, in its observations
signed by the Chairman of the Chamber of Deputies, PhDr. Milan Uhdem stated that
It must be presumed from the explanatory memorandum to the contested Law, which
referring to § 2 (2). 2 Act No. 198/1993 Coll., on the illegality of the
the Communist regime and on resistance against it. Under that provision,
the Communist Party of Czechoslovakia was a criminal and a damnable
organizations similarly to other organizations based on its ideology
that its activities were directed to suppression of human rights and
the democratic system. This organization was undoubtedly the secret
the service of the Communist regime. For this reason, it was suggested that
the period of service in the selected folders and features did not continue to be calculated
for the purposes of allocating and determining výsluhového contribution, as
for former members of the Corps of national security, or the police of the Czech
of the Republic. At the same time, the Bill stipulated that has not yet granted
výsluhové posts will be in the base, as well as their listed above to
accordance with the newly established credit period of service.
The appellants ' plea that the contested act is retroactive in
representation of the Parliament of the Czech Republic stated that the cited law is based on
consistently the principle according to which the substantive and procedural law, relationships,
where the validity of the old law, this principle is managed
the law, and until the effectiveness of the new law. After its efficacy
However, the new law. The cited law has no retroactive effects, since
It does not deny, respectively, does not invalidate the validity of previous legal relations or
does not provide for the obligation to return contributions already paid.
As regards the appellants ' objection that, in connection with the adoption
the law in question were shown the reasons for limiting the benefits of certain
a group of people, reference is made in the Parliament on the above
the explanatory memorandum as well as the record of the meeting of the těsnopisecký
the Chamber of Deputies. Těsnopisecký record of the meeting of the Chamber of Deputies (print no.
1463) States on the issue of justification of the minor benefits of a certain group of people
the following facts:
"Other organizations within the meaning of section 2 (2). 2 Act No. 198/1993 Coll. are
among other things, no doubt the secret service of the Communist regime, both in
former Czechoslovak people's army, so for all components of the Ministry of
of the Interior, Federal Ministry of the Interior and the like. Current treatment
the Act on the prison service soldiers set off a period of service shall require the
even in these organizations for the purpose of determining the amount of cash returns and
formalities. The proposed adjustment applies only to those who have worked or
they were in the prison service and have served in these organizations. The intention of the
promoters of these times is the deduction that if any of the soldiers
all the time he served in such a folder, it should not be entitled to any cash
benefits, if left to the civilian life. "
At the conclusion of his observations of the President of the Chamber of Deputies pronounced
is of the opinion that the legislature acted in the belief that the adopted law
It is in accordance with the Constitution, the constitutional order of the Czech Republic and our
the legal order.
In the Parliament of the Czech Republic to complete design group
Members concluded that this supplement contains only information such
that have been and currently are generally known, as they result from the
the laws in force, and which were therefore taken when processing
the draft of the law into account. In particular, draws attention to the
the fact that the supplement does not contain any data, by contrast, on the
the basis could be inferred, that make it more difficult on that extraordinary rendition
working conditions and personal restrictions referred to people there just in
as a result of the adoption of the law. Referred to earlier, respectively.
the current worsening of working conditions and personal restrictions referred to persons
may not be an adequate reason for the permanent and forever unchanging award
výsluhového contribution and other formalities.
(B))
The Government of the United States
The Government of the Czech Republic with its resolution of 21 April 2004. December 1994 no. 729 k
the resulting draft of the contested act, adopted an opinion in which the
It states that the Government expressed its agreement with the proposal, and that of the following
reasons:
-Adoption of the proposed legislation would mean indirect amendment to
Act No. 87/1991 Coll. on extra-judicial rehabilitation, since the time of the service
referred to in article 14(2). I design are confirmed in the provisions of section 30 of this Act.
-Act No. 76/1959 Coll. allows overlapping of výsluhového contribution and retirement
that choice belongs to either a post or a pension and compensation of time
the service is the same for both benefits. The present proposal is a positive correlation
of the Act with the regulations on social security completely sidesteps.
-According to the Act No. 229/1992 Coll., which varied and complementary law No.
76/1959 Coll., the contributions for the service to which the claim before the effective date
This amendment, that is,. 13. May 1992, be construed as výsluhové posts
in the area in which they were granted. You cannot therefore, in the design of the transitional
the provisions of the newly assessed reckoning the period of service to the výsluhový post with
that soldier was meted out according to present regulations post higher
or when a new recalculation time, Hess, when this post
considered already granted.
(C))
Ministry of defence of the Czech Republic
The opinion of the Minister of defence in particular showed that revisions made
spisových and archive funds the Ministry of defence have not been detected
internal regulations, which contain the performance characteristics
each group of soldiers by profession, which challenged the law
touches.
For each group of soldiers by profession, referred to in the provisions of § 33
paragraph. 9 of Act No. 76/1959 Coll., as amended by the amendment to the law after the
No 34/1995 Coll., from that opinion follows:
1. section 33 para. 9 (a). and)
Within the organizational structure of the former military Counterintelligence (VKR)
It is not only the components (services), to whose filling activity areas
organizing and implementing the kontrarozvědné activities, but also services, which
the performance of the tasks of the protection kontrarozvědné did not intervene directly (e.g., performance
Administrative and financial services, material-technical security).
In the opinion of the Secretary of Defense, the provisions of § 33 para. 9 (a). a) across the Board
applies to all military personnel who have served in the armed
can be included in the VKR, IE. even on military personnel included in the VKR
in the functions of an administrative nature of the neck and, especially in the field of
the logistic, financial, human resources, analytical and
administrative security that were not linked to performance
kontrarozvědné activities. Cited legal provisions does not reflect
also, when a soldier was in the workplace or in a function with
kontrarozvědným focus formally enlisted, but due to the posting to
study on the kontrarozvědnou activity of the school effectively
He did not perform.
If this is a characteristic of the activities of the former VKR, shows such as. from
Regulation of the Main administration of the VKR (HS VKR) No. 0071/19-1983, code HS VKR
No 0040/19-1985.
2. section 33 para. 9 (a). (b))
Act No. 34/1995 Coll. here uses a non-existent legal concept, because
"the Intelligence Department of the Czechoslovak people's Army" effectively in organizational
the structure of the former CZECHOSLOVAK PEOPLE'S ARMY was never established. Interpretation organizational systems
regarding the nature of the activities can be inferred that the legislature had
the mind intelligence the administration of the General staff of the Czechoslovak people's
Army (WS GŠ CSLA) that its formations and units of the CSLA survey
was carried out. WS GŠ CSLA was organizational schedules characterized as
authority for the control of military intelligence. The activities of the Chief of ROW
GŠ CSLA has been enshrined in article. 15 of the regulations of the Federal
the Ministry of national defense in peace (Všeob-10 No. 000003). On the lower
the level of the organizational structure of the former CZECHOSLOVAK PEOPLE'S ARMY still worked within the meaning of the order
the internal services of the armed forces intelligence chiefs CSSR Regiment.
3. § 33 para. 9 (a). (c))
Due to the fact that the main political administration of the former (HPS
CSLA) and its child components had their own filing and archive mode
are not her for 25 years, been preserved in documents processed. Basic
the characteristics and the main tasks to CSLA HPS can be documented with the help of
prescription Všeob-10. According to his article. 28 was HPS CSLA Supreme
the political authority of the CSLA. She worked with rights Department of the Central Committee
The COMMUNIST PARTY. In its activities, guided by the resolutions of the party, the statutes of the
party resolutions and directives of the COMMUNIST PARTY. For all its activities
match of the COMMUNIST PARTY. HPS CSLA meet specifically the tasks referred to in annex No.
1. ^ 1)
When it comes to the political Department of the Ministry of national defense, was in
meaning of article 87(1). 29 Všeob-10 political authority for the management and implementation of
all stranickopolitické work, especially for a uniform and direct control
the basic organizations of the COMMUNIST PARTY and the Ministry of the SSM (in addition to the organizations of the COMMUNIST PARTY and
SSM WS GŠ). In its activities, followed by the resolution of the COMMUNIST PARTY, and the company exits
resolutions and directives of the COMMUNIST PARTY, the directives and instructions of the Chief of HPS, CSLA
resolutions adopted by the conferences of the Communists of the Ministry.
Duties of Deputy Commander for politickovýchovnou work (for the
Political Affairs) at the level of Regiment, battalion and company laid down the conditions of employment of the internal
the services of the armed forces of CZECHOSLOVAKIA (Base-1/4). General characteristics
the activities of the representatives of the commanders for political affairs at the appropriate levels
It was in the article. 69, 111. and 121. Procedure done essentially identically. Answered
in peace and in war for the Organization and the State of political work with the competent
the Department for work linked to the political and military education of soldiers,
the consolidation of the political and military status of moral discipline, as well as for
the effectiveness of the political work; were competent to the master unit.
4. section 33 para. 9 (a). d) to (g))
The family referred to in § 33 para. 9 (a). d) to (g)) of Act No. 76/1959
Coll. in the wording of the contested Act No. 34/1995 Coll. does not belong to the scope of the
The Ministry of defence, therefore, the Minister of defence was unable to comment on their
Working characteristics.
In the opinion of the Secretary of Defense with further notes that political affiliations
(membership in the COMMUNIST PARTY and the SSM) has not been explicitly legal requirement or condition
for the exercise of any function in the CSLA. The requirement of political engagement
However, he was enshrined in the Act No. 76/1959 Coll. until 1991. Projected in the
the provisions of § 23 as one of the conditions of developing the service, in
the provisions of § 5 para. 2 as one of the terms of appointment or promotion to the
higher ranks and in the provisions of § 10 para. 1 as one of the conditions for
part of his troops to function. To remove the political aspect in
prison service of professional soldiers had to Act No. 229/1991 Coll. and
Law No. 226/1992 Coll. political involvement was in the meantime
an important criterion for evaluation of professional soldiers, and thus the criterion for
the further course of the service.
In connection with the výsluhového post said on
the Defense Minister on the recommendation of the International Labour Organisation (ILO).
68/1944, with regard to employment, i.e.. to release from
This ratio was provided to the post by length of service, as well as on the
Convention No 158/1982 on termination of employment, which applies to
all sectors of economic activity and to all employees. According to the
article. 12 cited the Convention is laid off from the profession ensures
entitled to a transitional allowance and other similar benefits, whose amount shall be fixed,
taking into account the duration of service.
If the number of persons concerned by the contested Law touches from the perspective of
The Ministry of defence of the Czech Republic, this suspended the payment of
výsluhového post in 2024 concerned.
(D))
The Ministry of Interior of the Czech Republic
In response to the request of the Minister of Interior Affairs of the Constitutional Court States that the
the performance characteristics of the members of the Corps of national security
concerned by the provisions of § 33 para. 9 (a). d) of Act No. 76/1959 Coll., on
amended by Act No. 34/1995 Coll., were not in written form shall be kept. Very
complex and only the Board can be inferred from the internal regulations issued by the
to the activities of the State security. On the basis of the information received,
in particular, of the internal standards, these functions have been defined by the command
Minister of the Interior (RMV) No 21 of 9 April 2003. March 1995. The definition of this
more complicated, that the term "stretch" referred to in § 33 para. 9 (a). (d)) is not
identical with the term "Department" commonly used in internal law
the former Federal Ministry of the Interior. Therefore, cited an order
Interior Minister rules out those features that have been included in the
the Department focused on the kontrarozvědnou and its activities,
proven, due to their contents, this activity could not include.
Analogous to the way it was followed in the interpretation of the concept of
"politickovýchovné activities" within the meaning of § 153 para. 2 (a). (d)) of law No.
186/1992 Coll., as amended by Act No. 33/1995 Coll., which corresponded to the text of §
33 para. 9 (a). e) of Act No. 76/1959 Coll., as amended by Act No. 34/1995
SB. Here was based on the fact that the Member has been included on the
the Department, which dealt with activities politickovýchovnou
taking into account that the politickovýchovnou activity with regard to its
functional classification of the actually performed. As in the previous case [letter
(d))] and here [§ 33 para. 9 (b), (e)) of the Act No. 76/1959 Coll.] is enumeration
in the opinion of the Minister a comprehensive features.
Within the meaning of annex of the cited warrant that instantiates the provisions of §
paragraph 153. 2 (a). and Act No. 186)/1992 Coll., as amended by Act No. 33/1995
Coll., which corresponds in substance the provisions of § 33 para. 9 (a). (d))
Act No. 76/1959 Coll., as amended by Act No. 34/1995 Coll.,
Member of the SNB is included in the StB in the field with kontrarozvědným
or rozvědným inclusion of the Member shall be deemed included in the departments
listed in annex No. 2.
Into the category of people according to subparagraph (e)) within the meaning of § 33 para. 9 of Act No.
76/1959 Coll. fall according to a quoted RMV No. 21/1995, the members of the SNB
the inclusion in the politickovýchovné Administration (Department) FMV, Ministry or MV SR
directly executing politickovýchovnou activity, if directly
engaged in this activity to the practices employed by the administrations of the following in the
Annex RMV No. 21/1995.
Categories of persons according to § 33 para. 9 (a). (d))
RMV No 54/1972 containing "guidelines for intelligence work.
Counterintelligence "defined as the basic mission of this body protection
socialist society and the State establishment, security and
CZECHOSLOVAKIA's defences, socialist economy, security. the citizens of the
and their rights before the activities of foreign and internal foes (see
Annex No. 3). ^ 1)
When it came to the fight against the so-called. the internal enemy, he drove the RMV No.
10/1975, which was later replaced by a command RMV No 43/1980. Within the meaning of
the warrant cited No 43/1980 belonged to its content, in particular the implementation and
the Organization of kontrarozvědných measures to prevent and eradicate the influence of
ideological diversion held against CZECHOSLOVAKIA, and socialist countries
the community, search, detection and documentation of treasonous
the activities of people, engaged in the objects defined for kontrarozvědné
protection of enemy activities against CZECHOSLOVAKIA, in conjunction with the enemy
organizations abroad, as well as right-wing and antisocialistickými
forces within the State.
RMV No 39/1980 cover the activity of managing Counterintelligence for the fight against
an outside enemy.
Internal activities in the field of the protection of the economy subject to the RMV No.
41/1980.
What was characteristic of the activity of the members of the SNB is included in the
the StB on the section kontrarozvědném, applies according to the observations of the Minister
the Interior and for the activities of those members, if they were included in the
rozvědném.
Categories of persons according to § 33 para. 9 (a). e) and (f))
The Department and the Department for politickovýchovnou work [letter e)] under the terms of
RMV No. 21/1995 represented an organizational folder structure
politickovýchovného apparatus, for the business of which was regulation
Minister of the Interior (NMV) No 18/1972. Referred to the Department, established at the level of
the main headquarters of the VB MV MV SSR, in particular of the CSR and directed propaganda
a Marxist-Leninist doctrine, the internal and foreign policy of the COMMUNIST PARTY,
to provide methodological assistance in the implementation of political instruction, organized
and carry out training politickovýchovného apparatus; driving and control
the activities of the Department for politickovýchovnou work on the news, and
the city administrations and representatives of the chiefs for politickovýchovnou work
the district departments and provide them with practical assistance (article. (II)
point 12). Politickovýchovnou work Department established by the administrations,
municipal administrations performed the same tasks, in substance, VB as the Department at the level of the HV
VB MV MV SSR in the CSR and relationship to its level.
As for the Deputy Chief (Commander) for politickovýchovnou work,
the one in the meaning of article 87(1). (II) point 14 to the level of the OVB, OOVB and the school VB in particular
educated members to complete devotion to the COMMUNIST PARTY, the motherland and the people to
proletářskému internationalism, bourgeois ideology, intransigence to
the high responsibilities in the performance of official duties, for accurate
fulfilment of orders, to the consistent adherence to socialist legality and to
high the revolutionary vigilance and alertness.
The provisions of § 33 para. 9 (a). f) of Act No. 76/1959 Coll. explicitly
the Chief of the welding fi lter (Commander), who stood over his representative for
politickovýchovnou work.
His place in the structure of the politickovýchovného apparatus of VB should i manage for
politickovýchovnou work (NMV No. 18/1972) or administration for
politickovýchovnou, educational, cultural and promotional activities of the FACULTY,
established NMV No 28/1977. Among the main tasks of the Administration in particular, belonged, according to the
politickovýchovnou the work of the policy approved by the Bureau of the COMMUNIST PARTY,
ensure the tasks of the Minister of the Interior of CZECHOSLOVAKIA in the management politickovýchovné
work in the SNB; the basic principle of this operation was to direct,
the individual action of workers politickovýchovného politickovýchovné
apparatus of the SNB members in designated departments at the SNB. Further help
authorities and organizations of the COMMUNIST PARTY in the designated bodies of the SNB in the implementation
stranickopolitické work, in particular in the application of the party leadership
in terms of the SNB and the fulfilment of the tasks of the security policy, etc. The principles of the
the work of this apparatus of the SNB also reflect the principles for selecting cadres, which in
It worked. Within the meaning of NMV # 22/1972 conducted the selection of the politically
advanced class-conscious, and the Communist Party of Czechoslovakia
devotees of the members of the SNB, the CCP members who have proven themselves an ideological strength
and loyalty, especially in international crisis period 1968-1969
operated in the 1970s in the pohovorových committees of the party and permanently cleansing
actively engaging in the policy of the party.
As stated by the Minister of the Interior, from the documentation, it is obvious that you cannot
noted the extraordinary working conditions make it difficult for the two to three
categories of members of the SNB over the other members. A specific exception
they could, in his opinion, featuring members of the SNB, who fulfil
Jerusalem tasks abroad without coverage, i.e. with the changed identity.
the way illegals. In principle, one can say that the risk of a threat to life or health,
other serious threats, psychological stress, etc. are comparable for all
the members of the SNB is classified in the same or a comparable kind of functions,
regardless of the folder in which you were enrolled. Comparison with the working
the terms of the civil workers is not, in the opinion of the requested of the Minister
appropriate, and taking into account the fact that one of the statutory
conditions for the grant of the contribution for the service (výsluhového post)
termination of service, not the ratio of the work.
The Interior Minister also confirmed that the condition of the overall political
engagement has been consistently required of all the members of the SNB, without
regardless of its function and attained the rank of. It unquestionably follows
not only from the generally binding legal regulations (Act No. 100/1970 Coll.
the staff members of the Corps of national security), but also from
internal instructions. Former Interior Minister Jaromir Obzina, in its
performances in the preamble to the Government's draft law No 63/1983, Coll.
varied and complementary law No. 100/1970 Coll., on 9. joint meeting of the
"FS CZECHOSLOVAKIA on 14 June 2005. June 1983, inter alia, stated: "... for the past
12 years was completely made a generational replacement of the members of the SNB and cleansing
The SNB from those who are in a time of social crisis of 1968-1969 seriously
the embezzled business oath, the Constitution and the law. Significantly, the
exacerbated the class and political composition of the SNB. In the SNB is now 75%
Members, who prior to entering the security apparatus worked
as workers and cooperative farmers. To date, nationals of a
76% of the SNB members and candidates of the COMMUNIST PARTY and on the StB 84%. " Regarding the membership of the
SSM can be seen in the words of Minister of the Interior in the practice of every age
a younger member of the SNB was a member of this organization, as referred to
the fact the emphasis was no longer in the selection and in the course of the recruitment
control. Just so we can say that the so-called. political education
(passing the Evening University of Marxism-Leninism, external studies
RENTAL CARS, and other courses of the COMMUNIST PARTY after postgraduate studies at the high school
the policy of the COMMUNIST PARTY or a military political Academy of Klement Gottwald)
It was, though differentiated, set as a prerequisite for qualification
the performance of all functions in the SNB. Strict determination of the conditions of the (de facto)
membership in the COMMUNIST PARTY can be expected from the nature of things for capturing features
Deputy Chief of the [commander for work within the meaning of § politickovýchovnou
33 para. 9 (a). f) of Act No. 76/1959 Coll., as amended by Act No. 34/1995
SB.].
At the end of its opinion, the Interior Minister said the numbers of people
are by law No 34/1995 Coll., the Ministry of Interior are not known,
due to the fact that the Ministry of the Interior (or his legal
predecessor) such persons výsluhový post nevyměřovalo.
(E))
The Ministry of Justice of the Czech Republic
Job Corps remedial education officials specified in § 33 para. 9
(a). (g)) of Act No. 76/1959 Coll. in the wording of the contested Act No. 34/1995
Coll., as well as the condition of political engagement of these persons for the performance of
their activities stated by order of the Minister of justice no. 22/1973 on the
the establishment of the politickovýchovného apparatus of the Corps of the remedial education of CZECHOSLOVAKIA,
namely its annex: guidelines for the activities of the politickovýchovného
apparatus of the corrective education. Corps
Politickovýchovný device SNV has been created from among the members of the COMMUNIST PARTY, who firmly
they stood on positions of Marxism-Leninism and proletarian internationalism,
his party's experience, political and professional qualities, they
warranty committed policy of the parties and the successful implementation of
the Mission of the politickovýchovného apparatus of the SNV. The provisions of
apparatus to function and their appeal is conducted by responsible business
officials with kádrovou powers, after the approval of the competent party
authorities under the "nomenclature.
In the structure of the politickovýchovného apparatus of SNV served members of SNV
the inclusion of both in the features of the Deputy Chief of Administration for the
politickovýchovnou work, who were at the same time the Chief of the Department for
politickovýchovnou work, Deputy Chief of the Department for
politickovýchovnou work [to the activities of that Department, see
Annex No. 4; the Deputy Chief of the Department's activities, see annex No. 5-
^1)].
From the cited directive further indicates that the provisions of § 33 para. 9 (a). (g))
Act No. 76/1959 Coll. explicitly showing up at all on the chiefs squad for SNV
politickovýchovnou work, but only to their representative.
The Minister of Justice said in its statement that the contested act.
34/1995 Coll. applies to 18 former employees of the prison service of the present.
(F))
The Ministry of labour and Social Affairs of the Czech Republic
The Minister of labour and Social Affairs in its opinion that the award
the higher performance of activities carried out by members of the armed forces,
consisting in particular in the threats to their life and health, as well as in
the differences between the staff and the employment relationship, was and is even referred to in
applicable regulations expressed special forms (surcharges, increased
salary rate). As regards výsluhový post, because it does not have a direct link
the activity, which is carried out, inter alia, evident from the fact that it is
provided after termination of service. Výsluhový post was not
part of the so-called. service income and is not even part of the salary of the members of the
the armed forces according to the applicable regulations. This is a special category of
the cash income to some extent motivated by social reasons (loss of
expertise acquired for business purposes, the more difficult search for new
employment in the civilian sectors after the termination of service).
At the end of his opinion, the Minister of labour and Social Affairs stressed
scope of the right enshrined in article. 28 of the Charter. That provision of the Charter
guarantees the right to a fair remuneration for the work of the employees and not
citizens. It is obvious that it is a reward for the work in the course of employment
relationship, whether in service or employment. A right enshrined in the
This article therefore cannot expand to meet the provided after the end of
the employment relationship.
(G))
Security information service Czech Republic
The interim Director of the security intelligence service of the Czech Republic (hereinafter referred to
"BIS") on the question of the Constitutional Court held that the position of the BIS is in
the case purely marginal and specific.
Analysis of the development of legal regulation of the activities of the BIS follows that the contested Law
No 34/1995 Coll. could touch only the point of view of the members of the BIS
the former Federal Security Service (hereinafter referred to as "FBIS") who
becoming members of the BIS and was at the same time under Act No. 100/1970
Coll., on the service of members of the Corps of national security, granted
contribution for the service. After the approval of law No. 34/1995, therefore, BIS
carried out the evaluation of its potential impacts on the former members of the FBIS,
that is a post for the service is paid. In this respect, it was
found that no member of the former FBIS is contested Act No.
34/1995 Coll. does not apply. Members of its successor organization, i.e.. Bis,
not even touching.
(H))
The call for an assessment of the Minister of Defence order No. 35/1995
In the course of proceedings, the Constitutional Court was a warning from JUDr. Jaroslav
Ortmana, to the Constitutional Court to assess the order of Minister of Defense No 35/95 of
uniform application of the provisions of § 33 para. 9 of Act No. 76/1959 Coll., on
amended by Act No. 34/1995, pursuant to section 70 para. 3 of Act No. 182/1993 Coll.
In the opinion of the author is an order applied to cases (function),
that does not apply. In the article. I, point 1 of the law No. 34/1995 SB. States that
time of event services for the right to decide to výsluhový contribution and
the amount of service time is not included in the soldier's CSLA HPS CSLA, which directly
politickovýchovnou activity or exercise that was included in a function
Deputy Commander for politickovýchovnou work or propagandists [see
§ 33 para. 9 (a). c) of Act No. 76/1959 Coll., as amended by Amendment No 34/1995
SB.]. This did not exist in the CSLA and Defense Minister made in
the claimant's interpretation so that such soldier sees a soldier by profession
included in the functions of Deputy Commander (Chief) for Political Affairs on the
all stages. The Minister of (Ministry) of defence cannot be interpreted autonomously
and implement laws, without (was) expressly authorized (authorized)
law referred to in article 14(2). paragraph 79. 3 of the Constitution.
IA/4
The Constitutional Court, how he saves § 68 para. 2 Act No. 182/1993 Coll.
first of all examined whether Act No. 34/1995 Coll. was adopted and issued within the limits of
The Constitution laid down the competence and constitutionally prescribed way.
From the report of the Parliament of the Czech Republic, as well as from the těsnopiseckého record
from the meeting of the Chamber of Deputies (print no 1463) it is clear that the contested
Act No. 34/1995 Coll. has proposed for adoption as an amendment to Act No. 76/1959
Coll., on certain service conditions of soldiers, as amended
legislation, a group of deputies who have exercised their right to
legislative initiative pursuant to article. paragraph 41. 2 of the Constitution. The law was adopted
Deputies of the Parliament of the Czech Republic pursuant to article. 15 paragraph 1. 1 and
article. paragraph 106. 2 third sentence of the Constitution. The quorum prescribed provisions of the article. 39
paragraph. 1 and 2 of the Constitution have been complied with. A meeting of the Chamber of Deputies on 8.
February 1995, its 69. the vote was attended by 119 members, of which
for the adoption of a law voted 88 MPs, against the city 19
members and 12 abstentions.
The method of adoption of the Constitution and the issue of the law has been complied with, the law of
He was signed by the President of the Chamber of Deputies, the President of the Republic and the
the Prime Minister (article 51 of the Constitution), and he was named in the statute book in
the amount of 7, year 1995, sent out by day 3. March 1995. That date acquired
Act No. 34/1995 Coll. of validity. Effective became, according to his article. (II) on the day
April 1, 1995.
PART Ib)
IB/1
3 December 2004. April 1995 filed a group of 41 members of the Chamber of Deputies
The Parliament of the United Kingdom proposal to repeal Act No. 33/1995 Coll.
amending and supplementing Act No. 186/1992 Coll. and Act No 100/1970
Coll., both as amended.
According to the plaintiffs, the contested act is in breach of article. 1 of the Constitution and article. 1,
article. 3, art. 4 (4). 3, art. 28 and article. paragraph 41. 1 of the Charter.
Members of the Group therefore proposes that the Constitutional Court with effect from 1 January.
April 1995 annulled Act No. 33/1995 Coll. Meps at the same time expressed
consent to the proceedings before the Constitutional Court represented by Member of JUDr.
J. Ortman.
Design of a group of MPs on the repeal of the law No. 33/1995 is based on the
analysis of the law and is justified as follows:
"The contribution for the service is the legal entitlement of a police officer whose service ratio
ended up without his fault his release or the release of
health, business or organizational reasons. In the post
translate fair remuneration for work done, extremely difficult
working conditions and statutory limitations in comparison with the
civil employees. Its essence is reasonable and a partial replacement
for a decent business income and all policemen who fulfil the
in General, set out the legal requirements. "
Contribution for the service was and is in all the laws that govern it,
conceived as a nepromlčitelný claim. Limitation periods are only subject to the claims of
on the individual performance of the resulting.
According to the article. 28 of the Charter, citizens have the right to a fair remuneration for the work
the limits may be established only by law (article 41, paragraph 1, of the Charter),
and any restrictions must apply equally to all cases that
meet the specified conditions (article 4, paragraph 3, of the Charter). When determining the
These terms and conditions must respect the principle of equality in rights and the prohibition of
discrimination against any individual or group of persons by reason of their
"other status" (article 1 and article 3, paragraph 1, of the Charter).
The Constitutional Court in finding SP. zn. PL. ÚS 38/93, referring to find CS CZECHOSLOVAKIA
SP. zn. PL. ÚS 22/92 in the interpretation of the constitutional principle of equality of citizens before the
the law expressed legal opinion that "it is for the State to decide that
a certain group will provide fewer benefits than other, but they must prove that the
so is in the public interest and for the public good ". However, this fact
has not been demonstrated.
Act No. 33/1995 Coll. has retroactive effect, as from 1 January 2002. April 1995
withdrawing a certain group of citizens of the United States on the basis of law acquired
the right to the allowance for the service. According to the Constitutional Court, SP. zn. PL.
TC 16/93 apply in the constitutional order of the Czech Republic of a general prohibition of
retroactive, derived from the principles of the rule of law, to whose definition
the characters also include the principle of legal certainty and the protection of citizens ' confidence in the
the right.
In case of cancellation already made credit duration of employment
certain categories of persons for the award of nepromlčitelného contribution for the service and
the withdrawal of entitlement to the allowance already implemented is the result of the right
-retroactivity of Act No. 33/1995 Coll., as reglementuje as the
the formation of the legal relationship arising out of him so demands (PL. ÚS 3/94).
The provision of article. (II) Act No. 33/1995 was made amendments to the
Act No. 100/1970 Coll., by adjusting the allowance for claims on the service in the
The FBIS. On the service of members of the FBIS, according to § 35 para. 2 of the Act
No 244/1991 Coll. adequately covered by Act No 100/1970 Coll. of law No.
244/1991 Coll., however, was with effect from 31 December 1999. December 1992 repealed by law
No 543/1992 Coll., so even for this body and its members easily
Act No. 100/1970 Coll. of validity.
The legal adjustment of the ratio of the former members of the defunct authority is in
contrary to the principles of the rule of law according to art. 1 of the Constitution, which
do not allow to provide for the retroactive effect of law and make changes and
replenishment of the invalid law.
Act No. 33/1995 Coll. was usnesen on the initiative of a group of MPs and the Government
The Czech Republic resolution No. 730 dated June 21. December 1994
expressed disagreement with the wording of the parliamentary draft law.
Act No. 33/1995 Coll. retrospectively abolishes the lawfully acquired
the law, therefore, it should be repealed with effect from 1. April 1995.
IB/2
According to the provisions of § 42 para. 3 and section 69 of Act No. 182/1993 Coll., posted by
The Constitutional Court referred the proposal to the Chamber of deputies of the Parliament representation
Of the Czech Republic. Its President Milan Uhde confirmed the opinion of the
The Chamber of Deputies, expressed by a vote of the draft law No. 33/1995 Sb.
and justify the following argument is: "the explanatory memorandum to this
the law refers to § 2 (2). 2 Act No. 198/1993 Coll., on the
the illegality of the Communist regime and on resistance against it, according to which
the Communist Party of Czechoslovakia was a criminal organisation, mutatis mutandis,
as other organizations based on its ideology, which in its activities
pointing to the Suppression of human rights and the democratic system. This
other organizations according to the explanatory memorandum was no doubt the secret service
the Communist regime. For this reason, it was proposed that the period of service
in the selected folders and features have not been calculated for the purposes of continuing
Returns and the determination of the contribution for the service. " To the opposing retroaktivitě
the President of the Chamber of Deputies Act states that the cited law is based on
consistently from the principle that the legal relations of the substantive and procedural law,
where the validity of the old law, this principle is managed
the law, and until the effectiveness of the new law; After its efficacy
However, the new law. The cited law does not cover, and also
the emergence of the legal relationships and demands of them incurred prior to its effectiveness,
but only down to the future conditions for their return and
the payment. It follows that the cited law has no retroactive
effects, namely does not deny, respectively, does not invalidate the validity of previous legal
relations, nor does the obligation to return contributions already paid. In this
with regard to the President of the Chamber of Deputies refers to the constitutional
Court No. 164/1994 SB. States that the law was approved by the required majority
members of the day 8. February 1995, signed by the competent constitutional actors and
properly declared.
The Constitutional Court also requested the observations of the central authorities, which is
the application of the law touched-BIS, of the Ministry of labour and Social Affairs,
The Ministry of Defense, Ministry of Interior and Ministry of Justice
--and asked them about the description of the activities carried out by officials
in the affected functions.
And)
Security information service
From the observations of the provisional Director of the BIS, the Constitutional Court found that after
November 1989 has occurred in several stages to the major organizational changes
The Federal Ministry of the Interior ("FMV").
Kontrarozvědné tasks of the State gradually meet the members of the Office for the protection of
the Constitution and democracy, later members of the FBIS. Both of these authorities were
departments of the FACULTY, whose members were in prison service
the members of the SNB according to Act No. 100/1970 Sb. Act No. 527/1992 Sb.
the BIS was established, which became the legal successor of the FBIS, not FMV
or SNB. The same law was for members of the BIS amended their
a business affair. This Act merged the legislature entitled for
service members of the BIS only with duration of employment
the members of the SNB is included in the FMV for the protection of Constitution and democracy
or in the FBIS or with duration of service member of the FBIS.
Last modified is contained in the current Act No. 154/1994 Coll.
on the security information service of the Czech Republic.
It is clear from the above that the contested Act No. 33/1995 Coll. touches only
those members of the former FBIS, who became at least members of the BIS
and that was at the same time under Act No. 100/1970 Coll. allowance for
the service. After the approval of law No. 33/1995 Coll. BIS conducted the evaluation of the
its possible impact on the former members of the FBIS, which is the allowance for
the service is paid. On the basis of this law, the contribution for the service
only three members of the suspended former FBIS. For the implementation of Act No.
33/1995 Sb. He issued an order, interim Director of the BIS that closer
Specifies the personal scope of the functions referred to in § 134 para. 3 (b). a) and
d) Act No. 100/1970 Coll. this order according to provisional
Director of BIS monitors the interpretation consistently a single competent authority in
This stuff-Ministry of the Interior.
(B))
The Ministry of labour and Social Affairs
From the observations of the Ministry of labour and Social Affairs, it was found that the
the rules for the remuneration of officers issued by the entry into force of the regulation
No. 79/1994 Coll. should departmental in scope, is the former FMV and
The Ministry of labour and Social Affairs is not even given the degree of
their classification is available. The same applies to working characteristics
the relevant categories of persons. Higher intensity of the activities carried
a police officer was also under applicable regulations and is valued directly in
salary (increased salary supplements, fare). Contribution for the service has not been
part of the staff of the reception and it is not even part of the salary according to the applicable
regulations. Does not have a direct relation to the activity carried out and provides in
with regard to termination of service. This is a special category of
money income, its provision is justified mainly by the social
aspects (difficult to search a new job in civilian sectors
upon termination of service, loss of expertise acquired for business
purposes).
(C))
The Ministry of defence
In the comments of the Ministry of Defense States that made revisions
spisových and archive Department of Defense funds were not found
internal regulations, which contain the performance characteristics
each group of soldiers from the professions for which Act No. 33/1995 Sb.
excludes credit service time to time of the services applicable to the claim
the contribution for the service and its size. To the individual provisions of the law
then States:
-a former army Counterintelligence ("VKR") was from 1951 to 1990
subordinated to the Ministry of the Interior, and included in its structure as III.
SNB management. Personnel was composed of professional soldiers, who were
called to carry out the tasks of the SNB in the protection of bojeschopnosti of the armed forces.
It is not only within the VKR components (services), to whose fillings
activity areas of the organisation and administration of kontrarozvědné activity, but
whether or not the services to which the performance of the tasks of the protection of kontrarozvědné right
not involved (e.g. performance of administrative and financial services, material
technical supply).
The provisions of § 153 para. 2 (a). (b)) of the Act No. 186/1992 Coll., on the service
the proportions of members of the Police of the CZECH REPUBLIC, as amended by Act No. 33/1995 Coll.,
across the Board apply to all military personnel who have served in the
the armed forces to be included in the VKR. We do not distinguish between soldiers from the
professions included in the VKR according to their functions and the nature of the activities
carried out in the departments of VKR.
In terms of the legal consequences of the provisions of § 153 para. 2 (a). (b)) of the Act
No. 186/1992 Coll., in the same way turns out even on professional soldiers included
in the VKR and combat service support functions of an administrative nature, in particular
the section of the logistic, financial, human resources, analytical and
administrative security that were not linked to performance
kontrarozvědné activities. Does not take account also cases when the soldier was on
workplace or in a function with a kontrarozvědným focus formally classified,
However, because of the posting to study at the school of kontrarozvědnou
in fact, engages in an activity.
-Members of the military intelligence, according to the wording of § 153 para. 2 (a). (c))
Law No. 186/1992 Coll. "... to be included in the Intelligence Department
The Czechoslovak people's army ... ", which effectively in organizational
the structure of the former CSLA has never been established. Can be inferred that the legislature
He was referring to the intelligence administration of the General staff of the CSLA, survey
was carried out. The Constitutional Court were sent to the internal regulations, which shall lay down the
some of the obligations of the members of this body.
-Members of the main political administration CSLA. The provisions of § 153 para. 2
(a). g) of the Act is used for the definition of the functions and activities of inaccurate marking.
The characteristics required of the Constitutional Court cannot provide, as
The main political administration CSLA had its own filing and archive mode.
Herself engaged in shredding documents. Whereas they are not documents
HPS CSLA since 1970 and been preserved in the present
their study of the Historical Institute of the Czech Army. The basic characteristics of
HPS CSLA and the main tasks defined in the relevant schedules.
The attached order of the internal service of the armed forces of CZECHOSLOVAKIA, which was in force in
period from 1. October 1979 to 1. June 1992, gives a sufficient picture of the
activities of members of the HPS CSLA. Among other set e.g.. (I)
duty to the Deputy Commander of the regiment for the political affairs, Deputy Commander
the battalion for political affairs and representative of the company commander for political affairs.
At the appropriate level were required to:
-to organize and carry out political work and focus it on clenching
members of the Regiment (battalion, easy company) around the COMMUNIST PARTY;
-educate the soldiers to the devotion of the socialist motherland, the COMMUNIST PARTY of ...
in the spirit of proletarian internationalism, of the Socialist and
intransigence with buržoasní ideology;
-explain the soldiers head and control role of the COMMUNIST PARTY;
-educate the soldiers to monitor hate ...;
-to organize and carry out political training and information, mass
political work;
-organize the largely theoretical and methodological training of Heads of groups
political training;
-manage the work of the officers and politickovýchovnou praporčíků, to form
their work, political and moral quality, personally lead the educational
working with officers and manage their Marxist-Leninist training;
-establish and maintain contacts with local party and Government
authorities.
For the uniform application of the law gave Secretary of Defense orders, which
established by the personal scope of the provisions. It was published in no. 35/1995, Journal of
The Ministry of defence.
The opinion further draws attention to the recommendations of the International Labour Organization
No 68/1944 and the International Labour Organisation Convention No 158/1982, which
apply to the released soldiers, which secures the right to transitional allowance and
other similar benefits, whose amount shall be fixed by reference to the length of
duration of service. In this context, notes the Minister of defence
the opinion of the Government contained in its resolution of 21 November 2002. December 1994.
(D))
Ministry of the Interior
Representation of the Ministry of the Interior of 6. November 1995, notes that the
Working characteristics of the members of the SNB are listed in the new wording of section 153
paragraph. 2 Act No. 186/1992 Coll., on the service of members of the Police
The CZECH REPUBLIC, were not in written form shall be kept. Very complex and only across the Board can be
inferred from the internal regulations issued by the StB activities.
Through the above fact, however, it was necessary for the purposes of the application of the law
No. 33/1995 Coll., perform a deep analysis of all features to
enquire whether a statutory condition is satisfied by the performance of services in the
the StB in the field with kontrarozvědným or rozvědným. On
the basis of the information received, in particular, of the internal standards was
the definition of these functions carried out orders from the Minister of Interior No. 21 dated
March 9, 1995.
The definition of this complex, that the term "stretch", as specified in that
the law is not identical with the notion of "service", commonly used in internal
the legal standards of the former FMV. Therefore, the Minister of the Interior order excludes those
function, which, though, were included in the relevant Department on
kontrarozvědnou and its working, proven to be due to their
the filling of this activity could not include. Analogous to the way it was
followed in the interpretation of the concept of "politickovýchovná Administration (Department)" and
"the direct performance of politickovýchovné activities". Here too, the use of
the fact that the Member has been included in the relevant department or unit that is
politickovýchovnou the activities dealt with taking into account the fact that the
politickovýchovnou activity with respect to their functional inclusion actually
performed.
The Constitutional Court has available some of the regulation of the Minister of the Interior. This
the regulation characterises some of the activities which are the subject
the assessment.
For example. guidelines for the activities of the politickovýchovného apparatus of Public
Security (an annex to the regulation of the Minister of the Interior No. 18/1972) States that
the Mission of the politickovýchovného apparatus, inter alia:
-bring up in the spirit of ideas of Marxism-Leninism and proletarian
internationalism class-conscious and politically mature members of the VB
the COMMUNIST PARTY, recognising its devout political ideas, who will respect and
to exercise its leading role in the construction and development of the Socialist
of the company;
the task of the politickovýchovného apparatus is mainly:
-to educate members of the VB to the Marxist world view and leninskému
devotion to the things of communism, communism's ideological attachment to their opinions, to
intransigence of ideologies, with buržoasní to develop their love and
devotion to the COMMUNIST PARTY, proletářskému internationalism ...;
-educate members to work on the basis of the progressive traditions of the COMMUNIST PARTY, to
high the revolutionary vigilance and alertness;
-develop a high ideovost and partisanship in professional safety work
so that every Member of the VB became convinced, uvědomělým and
dedicated fighter against the class enemies;
-lead members to carry out resolution by VB and Government...;
-to provide assistance to the authorities and organizations of the COMMUNIST PARTY in the components, services, and
VB schools;
* politickovýchovný device fully in their work respects the articles of Association of the COMMUNIST PARTY,
the resolution of the exits of the COMMUNIST PARTY, as well as the resolutions of the COMMUNIST PARTY and local and regional authorities of a party;
the work is carried out politickovýchovného apparatus based on
prospective and current plans based on the lines of the COMMUNIST PARTY. The contents of the
These plans are consulted with the relevant local and regional authorities of the COMMUNIST PARTY.
The main administrative tasks for politickovýchovnou, educational, cultural and
promotional activities FMV (annex 1 to the regulation of the MV CSSR No 28/1977)
provides, inter alia, that the
management for politickovýchovnou etc. work shall perform the following basic tasks:
-helps institutions and organizations of the COMMUNIST PARTY in the designated bodies of the SNB in
the implementation of stranickopolitické of work, particularly in the application of the head
the tasks of the party in terms of the SNB;
-prepares the content focus and business training programs members
SNB including Marxist-Leninist training. ...
Policy for politickovýchovnou work in the choir of national security
(annex 2 to the regulation of the MV CSSR No 28/1977), inter alia, determine:
* Politickovýchovná work in the SNB is based on Marxist-Leninist
ideology and the COMMUNIST PARTY of the security policy,
* Politickovýchovný device in its activities, the SNB is governed by the resolutions of the
exits the COMMUNIST PARTY, the directives for the work of the authorities and organisations of the COMMUNIST PARTY in the SNB,
resolutions of the party and party authorities..,
The Politickovýchovný apparatus of the SNB is composed of members of the COMMUNIST PARTY, who firmly stands
the positions of Marxism-Leninism and proletarian internationalism,
engage in a policy of the party and your party experience
political, moral and professional qualities guarantee the successful
performance of the tasks in the politickovýchovné work.
Obligations of workers politickovýchovného apparatus of the SNB is
-consistently carry out party resolutions and with the knowledge of things in practice
to enforce the requirements of the security policy of the party;
-continuously assimilating's Marxism-Leninism, train and
ideologically to consolidate.
The organizational order of the politickovýchovnou administrative, educational, cultural and
promotional activities FMV (annex to warrant MV CSSR No. 29/1978), inter alia,
the Administration has set back in relation to the authorities of the COMMUNIST PARTY:
-preparing documents for the elaboration and application of the resolutions of the Summit
the authorities of the COMMUNIST PARTY;
-organizes and ensures the promotion and popularization of the SNB ... the main
the tasks for the SNB resulting from resolutions of the organs of the COMMUNIST PARTY;
-fix a mandatory study literature and teaching aids for schools
directly to the child, and within a defined range for the various components of departmental
the educational system;
-prepares the content focus and business training programs members
SNB including Marxist-Leninist training ... checked the progress of the
Marxist-Leninist training and its effectiveness.
Further specific tasks have been set individual organizational departments
management in the same terms.
(E))
The Ministry of Justice
The Ministry of Justice to the to the application for annulment of the law No.
33/1995 Coll. did not comment, however, sent its observations on the application for revocation
Act No. 34/1995 [see Part Ia/3 (b). (E))]. at this point it is necessary to
only to find that a job description politickovýchovného apparatus of SNV was
established only very generally "Directive for operation politickovýchovného
apparatus of SNV Czech Republic "(annex to the warrant, the Minister of Justice
# 22, 1973), which documents the close cooperation with the COMMUNIST PARTY and
the emphasis on the promotion of its principles (education in the spirit of ideas
Marxist-Leninist COMMUNIST PARTY, devotion, the implacability of the manifestation of buržoasní
ideology, fighting against the class enemy, etc.). Application of the law in
the Ministry of Justice resort touched around 18 people.
(F))
The Government of the United States
The Constitutional Court also requested the opinion of the Government of the Czech Republic to the
the design of the contested Law, which is annexed to the resolution of the Government of 21 March.
December 1994 no. 730. In his opinion, the Government states that it does not agree with
presented by the text of the draft law. In addition to the factual and legal
the shortcomings criticised proposal that "is based on the situation that so far
the question of the reduction of benefits for members of the former StB no one did. It
However, it does not correspond to reality. In 1990 on the basis of Act No.
169/1990 Coll. established civil Commission, which examined the members of
STB and expressing their eligibility for further performance of the service.
The members of the release on the basis of a decision by the Commission not to civil
entitled to a transitional allowance, pay compensation or indemnity for the service.
The proposal of the amendment does not take into account the principle of individual
the assessment conducted by civil committees and replaced by the it area
assessment of former members of the SNB and the police officers in the performance of services without
the examination of the extent of the individual share of the injustices of the past. The proposed
the amendment is also a nesystémovým intervention into Act No. 87/1991 Coll. on
out-of-court rehabilitation. "
IB/3
The Constitutional Court, how he saves § 68 para. 2 Act No. 182/1993 Coll., also
examined whether Act No. 33/1995 Coll. was adopted and issued within the limits of the Constitution
set out competences and constitutionally prescribed way.
From the message of Parliament of the United Kingdom, as well as from the
těsnopiseckého record of the meeting of the Chamber of Deputies, it is clear that the
the contested Act No. 33/1995, proposed to accept the Group of members who
so take advantage of their right of legislative initiative referred to in article. paragraph 41. 2
Of the Constitution. The law was adopted by the Chamber of deputies of the Czech Parliament
States referred to in article. 15 paragraph 1. 1 and article. paragraph 106. 2 third sentence of the Constitution.
The quorum prescribed provisions of the article. paragraph 39. 1 and 2 of the Constitution have been complied with.
A meeting of the Chamber of Deputies on 8. February 1995, her 70. the vote
participated in 129 members, of whom voted for the adoption of law 93
members of Parliament, voted against the adoption of the law 23 members, and 13 members shall
abstentions.
The method of adoption of the Constitution and the issue of the law has been complied with. Law
He was signed by the President of the Chamber of Deputies, the President of the Republic and the
the Prime Minister (article 51 of the Constitution), and he was named in the statute book in
the amount of 7, year 1995, sent out by day 3. March 1995. That date acquired
Act No. 33/1995 Coll. of validity. Effective became, according to his article. (III)
on 1 January 2004. April 1995.
PART II
The explanatory memorandum to the contested Law, from which it is clear the intention of the
the legislature, refer to § 2 (2). 2 Act No. 198/1993 Coll., on the
the illegality of the Communist regime and on resistance against it. According to the
This provision was the COMMUNIST party organizations, criminal and
Similarly to other organizations based on its ideology, which in its
the activities were directed to suppression of human rights and democratic
the system. Such organisations was no doubt the secret service
the Communist regime and other organizations, departments and activities, based
on the ideology of the COMMUNIST PARTY, such as State security (in particular its folder on the
the section with the inclusion of the kontrarozvědným and rozvědným), the main political administration
CSLA, as well as the services and activities. politickovýchovné work
in the former, the SNB or CSLA SNV.
Law No. 33/1995 and no. 34/1995 Coll. are in context with the trend
as expressed already in Act No. 198/1993 Coll., Act No. 451/1991 Coll.,
the laws of restitution and other and form together with them the legal system
dealing with the Communist regime.
The flagship is in this context, Act No. 198/1993 Coll. as
The Constitutional Court in its finding, SP. zn. PL. ÚS 28/93, the law speaks of
"the involvement of those who actively lobbied for the Communist regime".
Persons performing a function marked with the challenged laws undoubtedly actively
to promote the Communist totalitarian regime and its principles, regardless of the
whether they have been members of the COMMUNIST PARTY or not, and also in principle, regardless of whether the
they were an important, fundamental and directly the determining factor or a tool
(certainly conscious) or even of its kind captive those who scheme
actively promoted. As is apparent from the documents cited above, it should
"on the job".
The Constitution is not based on value neutrality, not just a definition of
institutions and processes, but accommodates to your text as well as specific regulatory
the ideas expressing the basic values of the inviolable democratic
the company. The Constitution accepts the principle of legality and respects as
part of the overall concept of the rule of law, however, does not bind positive law
only the formal legality, but the interpretation and application of legal norms makes the
their content material sense, makes the right to respect for
the basic constitutive values of a democratic society and the
also the use of legal norms of values measured. This means even when the continuity of
with the "old law" a value discontinuity with the "old regime". This
the concept of a constitutional State rejects formally rational legitimacy mode and
formal legal State. Whatever the laws of the State, in the State which
is a democratic and proclaims the principle of the sovereignty of the people,
There can be no other legitimate mode than democratic.
Contribution for the service i výsluhový post are designed in the legal
the order of the United States, along with other benefits such as compensation
work performed in difficult conditions and certain personal limitations
resulting from the nature of the work in the armed forces of the State. Belongs to
to all who fulfil the conditions laid down by law. Are part of the system
social nature relating to termination of service
ratio. Next to the post for the service they are transitional allowance and salary compensation
(see § 114-119 of the Act No. 186/1992 Coll. and section 33a of the Act No. 76/1959
SB.). Entitled to all of these benefits are maintained.
When it comes to výsluhový post, moreover, unlike design group
members of Parliament, cannot be understood as a part of the remuneration, but according to
the opinion of the Minister of labour and Social Affairs, which the Constitutional Court
identified as a separate income that was not part of the so-called. the staff regulations
income and is not even part of the salary of members of the armed forces referred to in
the rules in force. This is a special category of money income
justified to a certain extent social grounds.
Although the preamble to the parliamentary proposal expressly mentions only the secret
the service, the actual text of the law clearly falls on the political apparatus.
This conclusion confirms the eg. even the legal measures of the Bureau of the
The National Assembly no 165/1964 Coll. that post for the service
later renamed the výsluhový post, for professional soldiers
introduced. According to its section 33 para. 2 "Post does not belong to the soldiers of the occupation
translated into the backup on their own request, or from the moral, political
reasons; does not belong in the withdrawal or loss of military rank ".
In other words, it meets the then soldier all g/l
the conditions for the granting of the allowance for the service, if it is not, however, morally
politically reliable, the post did not get, apart from the others.
The explanatory memorandum to this court order did not contain comments on the
moral political reasons. They were so well-known in its time that it is
probably no need to comment on. This also allowed the mentioned
point of view be interpreted very widely, assigned, and so actually already
This generally binding legal regulation from the outset based inequality
between "reliable and unreliable".
If present, the legislature decided to stop or reduce
payment výsluhového allowance just to those who by their moral political
reliability contribute to suppression of human rights and democratic
because the system operated in the folders listed in the contested
laws, compared with legal measures, no 165/1964.
far more objective criteria for the granting of this post.
Reduction or withdrawal of the benefit of one group of citizens as a result of the adoption of the
Gazette No. 33/1995 and no. 34/1995 Coll. at the same time does not mean that
the legislature thus provided a disproportionate obligation this group.
Výsluhový post is granted and paid from the budget appropriations, the
Therefore, from the taxpayers ' (see e.g. § 33 c (1) of law No.
76/1959 Coll.). It would be immoral to public funds, on
that contribute to all citizens (even in the past, persekuovaní), have been
0 former support of the Communist regime. The political apparatus and the secret
belong to the basic pillars, without which the totalitarian power
could not exist. The Constitutional Court is convinced of the correctness of reasoning
the legislature, expressed in the contested act, that there are no reasons
(moral, political) leading to a new democratic State
paid premium social benefits to those who the trout's spawning areas
the emergence of.
It would be absurd and protismyslné, if the democratic State may
the activities of the above persons (Act No. 198/1993 Coll. convicted and
zavrženou) as extremely demanding activity for the purposes of benefits in
field of social security. If the person concerned were examined
civic commissions and deemed as eligible service performance in the newly
representing the political system, it's an expression of generosity and humanity
the democratic system towards its opponents. However, this does not mean nothing more and
anything less than that, these persons were found to be eligible for more performance
services in already democratic State (as stated in its observations
The Department of Defense "sufficiently demonstrated their loyalty towards the
the Democratic establishment ") and not the approval of their activities in the
favour of the Communist regime, or increased valuations of their activities in the
exposed organizations and in exposed places
was important to support the scheme itself, the approval of the
of such importance that in the described activity should be democratic
companies benefit from.
Ignore the above, cannot remain nor the fact that the
the profession of "soldier" or "member of the SNB" depended only
the voluntary decision of each individual and have always been, due to the
other professions, above-average 0.
The provisions of the contested law do not apply to all the members of the SNB,
SNV or soldiers CSLA, but only on certain features, and to those whose
practice is incompatible with the principles of a democratic State. Although it is
true that both laws across the Board apply to all persons who
They complained about the features, how to point and observations
the ministries of Defense and Interior. However, as is apparent from the above
internal regulations (warrants), all persons in the following areas
the activities of the Act, these regulations were committed to the activities of
incompatible with the democratic order and can hardly be assumed that the
its obligation "duly" have not. Law No. 33/1995 and no. 34/1995.
have a direct relationship to special authorities, ministries of the Interior, defence and
Justice, implementing social security (§ 3 of the law No.
582/1991 Coll.), which are so direct addressee of the tasks of the
under these laws, and consider whether and how long in a particular
the function of the person concerned.
On the basis of Act No. 283/1991 Coll., on the police of the Czech Republic, which
sets its internal structure, or Act No. 76/1959 Coll. are then
referred to the laws of the respective orders of Ministers elaborated (i.e. internal
the normative instructions, not generally binding legal regulation). Those
undertake only the mentioned social security bodies and are the starting point
in the application of activities referred to in the contested Law, and it is the only
for the needs of those authorities, which may, of course, in cases
doubts or ambiguities make the query to the Ministry. To be in
this context noted that the functional classification described in the relevant
orders (MV, MO, BIS, MS) is a completely different concept than description
each of the activities referred to in the contested laws. In
law clearly on the activities to, which is sufficiently clear
and unambiguous, though no doubt demonstrates features activities in all directions,
that is rightfully condemned by democratic societies as
significantly supporting the previous undemocratic regime (see Law No.
198/1993 Coll.).
In general it can be concluded that the uncertainty of any of the provisions of the legal
prescription to be considered rozpornou with the requirement of legal certainty and
Hence, the rule of law (article 1 of the Constitution) only if the intensity of the
This excludes the possibility of determination of uncertainty of the normative content of the
provisions as well as by using the usual interpretation. In the present case
This is not so and it should be noted, again, that the described activities under
the period of service in terms of their filling are marked for sure. Their next
definition of internal regulations (relevant Ministers, as the orders are
listed in the annexes), corresponds to the definition in the contested
the Act itself. It must be assumed that the terminology of the Act, as
It is for example. "section kontrarozvědným or rozvědným of inclusion."
etc., is factual and absolutely clear by defining certain activities. Orders
of Ministers and the interim Director of the BIS (which undoubtedly holds the exact
the legal definition) involves, in which organizational departments
(trade unions, management, event. other articles), this activity was carried out.
Even if the Constitutional Court is the legal definition of circuit of the persons concerned
neztotožňoval and saw reasons for defining the broader determination circuit
people who are more intensely in the present context, in
the functioning of the Communist regime, it would be a legislature with this
facts to consider.
As noted elsewhere in this preamble, the Government of the United States
his resolutions No. 729 and 730 of 21 June. December 1994 in favour of
disagreement with the wording of the proposals won the contested laws. On the basis of
the resolution in question, the Constitutional Court has come to the following conclusions.
Although in many ways it is a very serious, substantive objections
in particular, regarding the collision with the law No. 87/1991 Coll. on extra-judicial
rehabilitation, as amended, was unable to join them, the Constitutional Court
taken into account, since its nature outside the framework of its competences.
However, if as a result of the amendment to section 30 of the indirect Act No. 87/1991
Coll. challenged laws occurred in specific cases, to the tvrdostem (that is, in
the cases out of court rehabilitovaných soldiers, as well as former soldiers,
whose business void ended up in time from 25. February 1948 to 1.
January 1990 and who held the service in departments or intelligence, CSLA, VKR
If they were subsequently reaktivováni), have the ability to ease the hardness of Ministers
the law their own individual decision. From RMO No. 35/1995 (e). E) for example.
It follows that this moderation privileges in relation to law No. 119/1990
Coll. and no. 87/1991 Coll., as amended, the Minister of the Interior
He used. For more usable resource is regulated in § 31 para. 1 and 2
Act No. 76/1959 Coll., as amended, which allows you to
the soldiers of the occupation, dismissed from the service of the reasons
employment, retraining at the expense of the Ministry of defence and the Ministry of
the Interior, etc. Outlined the problem also does not fall within the competence of the constitutional
the Court.
Despite the above, however, is needed in this place to add that nothing
naturally does not prevent individual citizens, which is the application
Act No. 186/1992 Coll., as amended by Act No. 33/1995 Coll. and Act No.
76/1959 Coll., as amended by Act No. 34/1995 Coll., or touches, and who
believe they were harmed on their rights, because, in fact,
performing the passage feature, turned to the General Court.
As already mentioned above, in the course of the proceedings before the Constitutional Court
the representative of a group of MPs warned of the need to assess the RMO No. 35/1995
to the uniform application of § 33 para. 9 of Act No. 76/1959 Coll., as amended by law
No. 34/1995, pursuant to section 70 para. 3 of Act No. 182/1993 Coll.
RMO No. 35/1995, internal normative directive (instructions). They can be
bind the child actors in the relevant areas. In terms of legal
theory of child organs or authorities and persons in the public service. These
instructions may not be publicly announced; just when they are suitable
way communicated to those concerned. Internal instructions are not sources
rights. The issue is the implementation of permissions that control activity
the child, their performance is maintaining a legal obligation to follow the
the instructions of superiors. This permission and obligation arises from the generally
binding legal acts, which are sources of law; in the case of the Minister
It is a defense to the provisions of § 3 para. 2 of Act No. 92/1949 Coll., military
Act, as amended. On the basis of this legal
authorisation by the Ministry of defence and the Ministry of the Interior in the scope of their
the scope of the edits the details about the circumstances of members of the
the armed forces of the service regulations. The order of the internal service (Base-1/4)
as a specific business regulation, then in the article. 7 provides that the superiors
they have the right to give a child of the orders and are required to check their
implementation. In fact, they have many internal instruction effectively external
consequences, since they often contain instructions on how to proceed with application
General binding rules. This is the case of RMO No. 35/1995.
In the protection of the rights of natural and legal persons, it is essential that the
internal instructions are not bound by the authorities and institutions of the nepodřízené
applying certain legal guarantees of legality (e.g. General courts). It has a
importance for cases of non-compliance among the generally binding legal regulations and
internal instructions.
The provisions of § 70 para. 2 Act No. 182/1993 Coll. talks about implementing
the regulations to the Act, which was repealed by the Constitutional Court. This implementing
Regulation should be understood in the implementing legislation, i.e.. prescription, whose
the content is generally binding normative legal act containing the custom
standard. Only such normative acts are a source of law, in which the
those acts give expression to. Since the internal normative instruction
they are not a source of law, cannot go in their case or a legal
prescription. It does not change the nature of their normative, or
These external consequences of these instructions.
If there are internal normative instruction law, doesn't work on
them or the provisions of § 70 para. 3 of the Act. The Constitutional Court as a
the authority of judicial protection in the event of cancellation of the constitutionality of the law or its
individual provisions addressed in the following question for more
the validity of the implementing regulations. Cannot be addressed also the question more
the validity of the downstream internal normative instructions, as
does not have a legal mandate. To solve this problem is the task of the entities that
in the framework of relevant control and subordination relationships internal normative
instructions issued.
Persons who have been the procedure carried out by the competent authorities on the
the basis of the internal normative instruction affected in their rights and the law
protected interests are preserved all legal instruments
protection, including the ability to submit a constitutional complaint.
PART III
TO THE INDIVIDUAL POINTS OF THE PROPOSALS OF THE GROUP OF MPS
1. points of no. 1 two draft State known facts, namely, that
by Act No. 33/1995 Coll. and Act No. 34/1995 Coll. were amended
certain laws (Act No. 186/1992 Coll., on the service of members of the
Police of the Czech Republic, Act No. 100/1970 Coll., on the prison service
members of the Corps of national security, and the Act No. 76/1959 Coll., on
some of the business conditions of the soldiers), and to note the contents of the
the contested laws.
2. in paragraphs 2 of both proposals contained two objections:
And) first, the claim that the contested Law was made for a
inequality in rights between citizens and laws are therefore in breach of article.
28, art. paragraph 41. 1, art. 4 (4). 3, art. 1 and article. 3 (2). 1 of the Charter,
(B)) in the second, the claim that the law is retroactive, since withdrawing or
reduce the already granted claims.
Ad and) in terms of violations of equality, as it argues that members of the group,
It should be pointed out that the Constitutional Court has already multiple times with solidarizoval
understanding of the constitutional principle of equality, as expressed in decision No.
11/1992 collection of resolutions and findings of the TC of the CSFR, the 1: "it is for the State to
the interest of the security of their functions, decided that a certain group will provide less
benefits as other. Even here, however, cannot proceed arbitrarily ... If the law
Specifies the benefit of one group and at the same time lays down the obligations of the disproportionate
other, can be done only on the basis of the appeal to the public value. " In
the present case is not about inequality, but about the will of the legislature, that
your justified sufficiently convincing manner. Just citing
the public values, which are the basic principles of democracy and
their protection, are distinct and clear and their permissions from the listed
aspects cannot be disputed (see Act No. 198/1993 Coll.). Similarly, it should be
recall the activities of people and functions, here it is and
that quite clearly against the basic principles of democracy,
and, therefore, against the public interest, was directed and acted. The chosen procedure
the legislature has not impacted to other Constitution guaranteed the principles, but
on the contrary, it protects them. Doing so does not affect the protection of acquired rights as
such a privilege, but groups of people that are or have been
benefits to other citizens, and that, paradoxically, an activity that is frequently
against these citizens facing.
A group of deputies in both proposals, argues that citizens have the right to
a fair remuneration for work (article 28 of the Charter), whose limits can be
established only by law (article 41, paragraph 1, of the Charter), and any
restrictions must apply equally to all cases that meet the specified
conditions (article 4, paragraph 3, of the Charter). In determining these conditions must
to respect the principle of equality in rights and the prohibition of discrimination of any
an individual or group of persons because of their "other status" (article 1 of the
and article. 3 of the Charter), which are all reflected in the contribution for the service and in
výsluhovém post.
It should be noted that the increased appreciation for the extremely difficult working
conditions and various personal limitations cannot be provided to those whose
the activity should not just serve the public interest and the public good, but the Suppression of
human rights and the democratic system. The reward for work done
the "work" in a democratic society could hardly be understood as
fair. The police and the military are in each State of the power components
apparatus, through which the State maintains the social,
democratic State generally recognised, the status quo. Increased demands with
reflected in the design of remuneration for work. Contribution for the service, or
výsluhový post, however, are not a reward for work, have a different character
--are the benefits of the compensation.
A group of MPs that the claim has not been proven that the State in the public
interest and for the public good provided by the less certain benefits group (population),
does not hold water. The contested laws do not regulate the deprivation of the benefits of a particular group,
but in accordance with Act No. 198/1993 Coll., regulating credit years for
granting benefits to specific groups.
It is, moreover, the things the State to lay down the conditions under which favours a
a group of people, of course, provided that they do so in the public interest and
for the public good. Undoubtedly in the public interest is the promotion of the principles of
democracy and human rights. Likewise, on the contrary, there is no doubt in the
the public interest favouring the activities of persons (whether directly or by
indirectly) were human rights and repression of democratic system and
serve the strengthening of the political system of the totalitarian.
For completeness, the Constitutional Court adds that, as regards the ILO Recommendations.
68/1944 and the ILO Convention No 158/1982, of the termination of employment, the
which points out in its opinion on the Ministry of defence, it is not possible to
be considered as an international agreement within the meaning of article 3(1). 10 of the Constitution. Recommendations
The ILO do not have the character of international treaties in General. ILO Convention No 158/1982
the CZECH REPUBLIC was not a nor its legal predecessors, ratified and published in the
The collection of laws, it is therefore also an international agreement pursuant to article. 10
Of the Constitution.
A breach of the article. 1, art. 3 (2). 1, art. 4 (4). 3, art. 28 and article. paragraph 41. 1
The Charter, therefore, could not have the adoption of the law No. 33/1995 and no. 34/1995.
occur.
A group of Deputies ad B) argues that the challenged laws are directly
retroactive in relation to law No. 186/1992 Coll. and no 100/1970 Coll.
and Act No. 76/1959 Coll., which is in contravention of the general prohibition of
retroactive deriving from the principles of the rule of law, to whose definition
the characters also include the principle of legal certainty and the protection of citizens ' confidence in the
the right. To do this, it must be held that the rule of law to the characters
undoubtedly belongs to the principle of legal certainty and the protection of citizens ' confidence in the
the right. Part of the legal certainty is also a prohibition on retroactive laws
standards. This prohibition, which is for the area of substantive criminal law
formulated explicitly in the article. 40 para. 6 of the Charter, can be used for other legal
sector inferred from the article. 1 of the Constitution. This opinion has delivered a Constitutional Court has already
several times.
Jurisprudence recognizes the retroactive effect right and wrong. Right
; includes cases in which the law and the creation of reglementuje
the legal relationship arising out of him and the claims prior to its effect. -Genuine
; lies in the fact that the legal relations of the substantive and procedural
the law, which arose under the old rules, are managed substantially
that law, and until the effectiveness of the new law. After its effectiveness
However, the new law (see pl. ÚS 3/94 Collections of the findings and resolutions of the
The Constitutional Court of the Czech Republic St. 1, part I, no. 38).
For reverse acting (right;) could be a new adjustment
treat only if changed the creation of a legal
relationship, or the consequences of a legal relationship that occurred before the date of its
efficiency. However, you cannot rule out a new adjustment of the legal consequences of a particular
legal relationship resulting from the previously applied ex nunc, as is the case in
the laws under consideration (see the plenum of the Constitutional Court finding no 164/1995 Sb.).
So that it is about the retroactive effect of the law would have to withdraw (or cancel)
claim to výsluhový post reverse, on the day of his return, while
sums already paid had to be returned. However, that is not. The contested
the law explicitly stipulates that if the person concerned does not satisfy the newly modified
the conditions for the granting of a contribution for the service or if it satisfies the conditions for
the granting of a lower amount, a reduction from the effective date of laws
These contributions to the amount corresponding to the period of employment or compensation
his paycheck stops. The two laws, therefore, clearly sets out its
the effectiveness of the future and are in this respect, in accordance with the constitutional
policy in the United States.
3. in paragraph 3 of the proposal on the abolition of the Act No. 33/1995 Coll. group members
argues that the contested act is retroactive in relation to law No.
100/1970 Coll., which is now invalid, and therefore cannot be amended.
Here it should be noted that this law has so far done and modifies and
Some members of the police of the Czech Republic relations arising before the
effect of Act No. 186/1992 Coll., inter alia in the context of the
the provision of benefits and social nature, and for some time will apply even
the members of the FBIS. As is apparent from the observations of the provisional Director of the BIS,
kontrarozvědné tasks of the State in the 1990s to gradually meet the members
a few institutions, subject to the legal relations of some of them are temporarily
follow the provisions of Act No. 100/1970 Coll. Already in the law No. 527/1992 Sb.
However, the legislature entitled teamed up for the service of members of the BIS
only with duration of employment of the members of the SNB is included in
The Office for the protection of the Constitution and the FMV of democracy or in the FBIS or with duration
service member of the FBIS. The legislature has therefore had to
the adoption of law No. 33/1995 Coll. deal and his relationship with the demands of
arising from Act No. 100/1970 Sb.
The contested Act No. 33/1995 Coll. touches only those members of the former
FBIS, who became at least members of the BIS and was at the same time
pursuant to Act No. 100/1970 Sb. allowance for the service.
That Act No. 33/1995 Coll. does not contain a retroactive clause in the
relation to Act No. 186/1992 Coll., was discussed above. The same is true in the
relation to Act No. 100/1970 Sb. By Act No. 33/1995 Coll., edited by law
No 100/1970 Coll., in the version in force until 31 December 2006. March 1995. Affects only
claims arising under the Act No 100/1970 Coll. the provisions of § 35 para. 2
Today the repealed law No. 244/1991 Coll. was transitional referring
the norm, according to which the adoption of regulations governing business ratios
members of the FBIS on business conditions of members of the FBIS reasonably
special prescription-by-law No. 100/1970 Sb.
The demise of the Czech and Slovak Federal Republic was invoked and
cancellation of FBIS and the special provisions governing the business conditions of its members
was never received. Entitlement to the allowance for the service was and is based
for former members of the FBIS by Act No. 100/1970 Coll. and the repeal of law No.
244/1991 Coll., it by no means untouched. The release of Act No. 33/1995 Sb.
Therefore, there could be changes or the addition of an invalid Act,
How to claim a group of deputies in point 3 in your design.
4. in paragraph 4 of the proposal on the abolition of the Act No. 33/1995 Coll. group members
States that the law has been usnesen on the initiative of a group of MPs (print # 1365) and
on the basis of a joint report of the committees of the House (no printing. 1784).
The Czech Government resolution No. 730 dated June 21. December 1994
expressed disagreement with the wording of the parliamentary draft law.
In paragraph 3 of the proposal on the abolition of the law No. 34/1995 Coll., also
notes that the law has been usnesen on the initiative of a group of MPs (print no.
1364) and on the basis of a joint report committees of the Chamber of Deputies (print no.
1463). the Government of the United States of its resolution of 21 April 2004. December 1994
expressed disagreement with the wording of the parliamentary draft law.
To do this, it should be noted that, according to article. 42 of the Constitution have MEPs and
a group of members of Parliament of the United Kingdom the right to
the Chamber of deputies to submit draft laws (legislative initiative).
The Bill brought a group of deputies of Parliament of the
The United States, was filed in accordance with the Constitution.
Legislative power in the Czech Republic belongs to the Parliament (article 15 of the Constitution),
the Government only has legislative initiative (article 41 of the Constitution). Her opinion
nothing can change the fact that the law was enacted in the prescribed
in a way, properly signed and promulgated. That is the case, it follows from the
stenografického record of discussing draft bills in the Chamber of Deputies
Parliament of the Czech Republic, of the President of this House and of the
the laws themselves, which were published in the prescribed manner in the collection
laws, the amount of 7 of 1995, on the sides of the 427, 428 (Act No. 33/1995
SB.) and 429 (Law No. 34/1995 Sb.).
Members of the Group's objections on this point are therefore irrelevant.
After completion of the proceedings, the Constitutional Court came to the conclusion that they are not made
the reasons to cancel the law No 34/1995 Coll. and no. 33/1995 Coll., as
the Group requested the members of the Chamber of deputies of the Czech Parliament
Republic, and therefore their proposals within the meaning of the provisions of § 70 para. 2
Act No. 182/1993 Coll. rejected.
Proceedings for annulment of the Act No. 33/1995 Coll. and Act No. 34/1995
Coll. was started by delivering two separate proposals and things were also
separately prepared for discussion in plenary. Due to the fact that it comes in
the two cases of the same legal issues and cases are related,
plenum of the Constitutional Court in the interest of economy of proceedings brought together these two
things to the common management pursuant to § 112 para. Code of civil procedure
used appropriately in accordance with section 63 of Act No. 182/1993 Coll., by the resolution of the
on January 30, 1996, SP. zn. PL. ÚS 9/95, and the two discussed the matter and decided to
them in common negotiations one finding.
The President of the Constitutional Court of the Czech Republic:
JUDr. Kessler v. r.
1) of the annex to the finding are published in the collection of the findings and resolutions of the
The Constitutional Court of the CZECH REPUBLIC.
