The Constitutional Court of the Czech Republic
On behalf of the United States
The Constitutional Court of the Czech Republic decided in plenary on 23 December 2005. August 1994 relating to
the design of the head of the district authority in Olomouc, Czech Republic for annulment of the Decree of the city
Olomouc from 13 June 2005. March 1991 about modifying the terms of the sale, distribution,
and the pursuit of objects of pornographic and erotic nature in the city
Olomouc, Czech Republic
Decree of the town Olomouc about modifying the terms of the sale, distribution, and
the pursuit of objects of pornographic and erotic nature in the city
Olomouc, Czech Republic of 13 October. March 1991 is repealed on the date of publication of the finding in
The collection of laws.
Head of the district authority in Olomouc designed by the cancellation of the Decree of 13 December 2005.
3.1991, adjusting the terms of the sale, distribution and operation objects
pornographic and erotic nature in Olomouc with
on the grounds that it is contrary to the provisions of section 205 tr. Cust., as
while avoiding the ingeruje into relationships, governed by law. At the same time stated that
due to bezvýslednému negotiations with the Office of the city of Olomouc has suspended from
§ 62 para. 1 the Act. No. 367/1990 Coll., as amended, its
performance and turned on the Parliament, which, however, he said that from the 1. January
1993 the new Constitution, according to which the repealing other laws,
Thus, even the municipal decrees, decisions of the Constitutional Court.
From the contents of the Olomouc city přípisů of 16 May. 5.1994, 11. 7.1994, 29. 7.
1994, as well as from the extract from the resolution of 15. the meeting of the Council of the city of Olomouc,
held on 12 June 2006. 3.1991, it follows that the Council of the city of Olomouc has released a decree of
modify the terms of the sale, distribution and operation objects
pornographic and erotic nature in Olomouc and recommended
The Olomouc City Council approved and posted on the sites
the usual. From the minutes of the 3. the meetings of the Municipal Council of the city of Olomouc,
to be held on 26 April. 3.1991 and referred to přípisů follows that the
the Decree was approved in the form of a resolution, when 60 members out of a total
the number of Councillors was 70 for the design and 2 abstained,
While the Decree was posted up 13. 3.1991 for a period of 15 days. It can therefore be
consider that the Decree was adopted constitutionally prescribed manner [§ 45
(a). l), § 36 odst. 1 (b). (f)), § 38 paragraph 1(a). 5, § 44 para. 6 of the Act. No.
367/1990 Coll., as amended; § 68 para. 2 of the Act. No.
182/1993 Coll., on the Constitutional Court] and reads as follows:
about modifying the terms of the sale, distribution and operation objects
pornographic and erotic nature in Olomouc
1. Natural and legal persons may sell, distribute and operate
the case of pornographic and erotic nature only, under the conditions
laid down by this Decree, and that if this activity nespáchají
the offence under section 205 of the Criminal Code No. 140/1961 Coll. in 175/1990
2. Goods under paragraph 1(a). 1 for the purposes of this order means a recurring and
non-periodic press, audiovisual records, images, widgets, or
other objects and activities that can its content and character
undermine the morality of people under the age of 18 years or cause public offence
1. Prohibits the sale, distribution, operation and access to these things
a) in public spaces (squares, streets, subways, class,
car park) city of Olomouc
(b) persons under the age of 18 years).
2. the sale, distribution and the operation of these things can take place
exclusively in special shops or other solid devices
designed for this purpose.
1. Natural and legal persons must in the sale, distribution, and
the operation of these things follow the following conditions:
and things may not be) publicly advertised, displayed in a shop window, etc.
(b)) distribution, dissemination and operation of these things may not take place
persons under the age of 18 years.
Infringements of the provisions of this order will be punished according to the law on
provincial offences Act No. 200/1990 Coll. [§ 47 para 1 (b), (g))].
This Decree shall enter into force on 1 January 2000. 4.1991.
In Olomouc on 13 November. 3.1991
According to the provisions of article. 87 para. 1 (b). (b)) of the Constitution of the Czech Republic shall act
The Constitutional Court repealing other laws, or their
individual provisions, if they are in conflict with the constitutional law, law
or international agreement under article. 10 of the Constitution. Pursuant to section 67 para. 2 of the Act.
No. 182/1993 Coll. stops proceedings before the Constitutional Court, if
the expiry of the constitutional law or law, or if it becomes
for the Czech Republic the binding international treaty under art. 10 of the Constitution, with the
which is the law, other legislation or their individual provisions,
whose annulment is sought, in violation of. It follows that the
The Constitutional Court in the case of an application pursuant to section 64 of Act. No. 182/1993 explores
compliance of the law, other legislation, if necessary. their provisions, only
with the constitutional laws, laws and international treaties under article. 10
The Constitution in force at the time of the proceedings.
In the light of the above, the Constitutional Court reviewed the contested Decree
regarding the terms of the sale, distribution and operation objects
pornographic and erotic nature in the city of Olomouc and came to the
the conclusion that it is not a separate area of competence of the community, even if it were
about meeting the needs of citizens, as a separate scope is bound to
only the management, maintenance and operation of the devices that are in the
the ownership of the village [cf. section 14, paragraph 1, point (a). p) Cust. No. 367/1990 Coll., on
as amended], while the contested Decree is in the article. 1 specified
both natural persons and legal persons, without distinction between them,
that is,. that is contrary to section 16 para. 2 and § 14 para. 1 (b). p) Cust. No.
367/1990 Coll., as amended. Moreover, it is contrary to section 205
tr. of Act, which governs as a separate criminal offence
the crime being the expansion of pornographic works, to which the Decree on the contrary
in the article. 1 authorizes, while at the same time, indirectly, is contrary to the provisions
section 13 of the tr row, which falls within the competence of the Court and not the authorities of the municipality
to decide whether a crime has been committed. For the article. 2 contested
the Ordinance, which prohibits the sale, distribution and operation of things
pornographic in nature, can then be noted a contradiction with article. Article 17(1). 4
The Charter of fundamental rights and freedoms ("the Charter"). Article. Article 17(1). 1
Although the Charter regulates the freedom of expression and the right to information, but
at the same time in the paragraph. 4 their legal limit permitted, IE. not
podzákonnou the norm, such as the Decree. Regarding the article. 3 the contested Decree
the same is true, what in the article. 1 of the Decree, namely, that the intended both to natural
and legal entities is contrary to § 14 para. 1 (b). p), § 16 para.
2 of the Act. No. 367/1990 Coll., as amended, and article. 4 (4). 1
Of the Charter, since it imposes obligations which may be imposed only on the
under the law. Moreover, it is contrary to section 205 tr. Act., when the barriers to the
extends or paraphrasing merits of the crime of endangering
morality. Finally, in the article. 4, which is considered a violation of the contested Decree
for the offense, it can be noted the contradiction with section 2 of the Act. No. 200/1990 Coll., on
and its subsequent amendments, according to which the offence just such conduct,
that is in the law on Offences Act or another Act expressly committed an offence
is marked, which means that the offence cannot be what for him, even if
indirectly, by determining the penalty marks the Ordinance, as the podzákonná standard.
Decree of the Council of the city of Olomouc from day 13. 3.1991 is, therefore, contrary to section
14. 1 (b). p), § 16 para. 2 of the Act. No. 367/1990 Coll., as amended by
amended, § 205 tr. Cust., § 13 tr row., § 2, § 47 para. 1, §
paragraph 47. 2 of the Act. No. 200/1990 Coll., as amended, with art. 4
paragraph. 1, art. Article 17(1). 1, 4, of the Charter.
Beyond the scope of this decision of the Constitutional Court States that he understands the motives of the city,
that led to the publication of a notice and which consisted in an attempt to limit the sale of
and the expansion of objects moving on the edge of morality, but
that does not meet the degree of social danger of the offence or
the offense at a time when that was particularly current and when the city did not have warranties,
that the legislature will be on the situation (cf. date 1. 1. in 1992, when
the amendment came into force of section 205 of the Act made tr. by Act No.
563/1991 Coll.). But the fact remains that it has done so in a way that
First, the scope of the separate city and exceeds the extra content in the
Basically it states the definition of the constituent elements of criminal acts and
the offense, which is for the reasons stated in the previous paragraphs
The President of the Constitutional Court of the Czech Republic:
JUDr. Kessler v. r.