The Constitutional Court of the Czech Republic
On behalf of the United States
The Constitutional Court of the Czech Republic held on 30 November. April 1997 in plenary on
Ing design. J. v., United with constitutional complaints, for annulment of the provisions of the
§ 33 para. 11 of the Act No. 76/1959 Coll., on certain service conditions
soldiers, as amended by Act No. 160/1995 Coll.
The proposal is rejected.
Ing. J. v. filed on 1 May 2004. April 1996 to the Constitutional Court to begin
constitutional complaint against the decision of the Ministry of Defence No.
34/21-1495-44/2 of 9 June. February 1996, which adversely affected by its appeal
against the decision of the military social security of 10 March.
January 1996 to stop payment výsluhového allowance. At the same time with this
the appellant filed a constitutional complaint for annulment the provisions of § 33
paragraph. 11 of the Act No. 76/1959 Coll., on certain service conditions of soldiers,
as amended by Act No. 160/1995 Coll. in the grounds of the complaint the applicant
He stated that on 31 December 2007. in March 1994, he was released from service
a soldier of the occupation and the following day he was transferred to the advances on the basis of the
order of Minister of Defense of 17 May. February 1994. He was released pursuant to section 26
paragraph. 1 (b). (g)) of Act No. 76/1959 Coll., as amended, i.e.. According to the
the provisions that "for leaving a soldier by profession shall be released
the soldiers, for which there is no reduction of the armed forces or their
the reorganization of other status ". On the day of the release of service performed
in the armed forces in the duration of 22 years and 7 months, and in the backup was
released in the rank of Lieutenant Colonel. Given the above, meets the
conditions for výsluhový a contribution of 32% of the salary pursuant to § 33 para. 1
(a). c). the law. Military social security Office had
the basis of admitted výsluhový allowance of £ 4500 from 1. April
1994. At the same time he was in accordance with § 33 para. 4. the law, in the then
as amended, informed that if after having been granted výsluhového
contribution to the adoption to another employment than of a soldier by profession,
awarded the post belongs to continue and when overlapping with other revenue from
employment, do not truncate.
On 1 May 2004. July 1994 the applicant on the basis of their request and after
meet the statutory conditions admitted to leaving Member
Police of the Czech Republic in the rank of Lieutenant and was appointed
on the function of criminal service of the District Police Inspector of the Department
Police of the Czech Republic, Plzeň-sever. When you accept he was advised that the
due to the differences of the officers from leaving the service
a soldier of the occupation is not in accordance with Act No. 186/1992 Coll., on the staff
the proportion of members of the police of the Czech Republic, be granted to him reached
the rank of Lieutenant Colonel, and it is not possible to be counted performed
the service in the service of a soldier by profession. He was therefore appointed to
the basic rank of Lieutenant for personal assessment in 7. the grade
without experience in the 1. with the salary level upon completion of basic national
On 11 July. the appellant was notified that the 1995 Military authority
social security Amendment Act No. 76/1959 Coll. of
In addition of the provisions of § 33 para. 11. the law so that when the
admission to employment under any other laws the payout výsluhového
the contribution does not belong. NATO on 10. January 1996 received the decision about
stop payment of výsluhového contribution from the Military Office of the social
Security. Against this in the statutory period appealed, but appeal
It was dismissed and the contested decision confirmed.
The appellant later in the preamble stated that the výsluhový contribution as
certain compensation to the State for that without his fault was deprived of its
the profession, which has pursued for many years a most-productive age. To
The police of the Czech Republic because he was closest to his original
profession and the conditions were acceptable for him being provided
they will continue to receive the allowance, which he výsluhový as a salary
the difference. The claimant States that he is married, has three children and the only thanks
výsluhovému contribution was in the amount of salary for the police of the Czech Republic
able to financially secure your family's needs.
The complainant argues that he has chosen the new staff of the police of the Czech
for the validity of the statutory provisions, according to which výsluhový him
post still belonged. A new provision in section 33 para. 11 of law No.
76/1959 Coll. occurs-in the opinion of the complainant-in violation of the principle of
legal certainty and to unauthorized interference with his family and private
of life, as well as to its right to free choice of profession, according to the article. 26
paragraph. 1 of the Charter of fundamental rights and freedoms. This intervention sees in particular in
the fact that by stopping the payment of the contribution is getting výsluhového
family in a difficult economic situation, which forces the search for another,
financially more favourable to employment.
In the opinion of the applicant direct application of § 33 para. 11 of law No.
76/1959 Coll., as amended, was to issue a final
the decision, which is in conflict with the aforementioned constitutional rights, and
Therefore, the proposed repeal of the provision.
The Constitutional Court first examined whether the formal requirements are met
a constitutional complaint.
The appellant filed a constitutional complaint after his appeal against a
the decision of the military social security was not the Ministry of
Defense satisfied and this decision has been confirmed. Due to the fact that
It was the final decision of the supreme body of the State administration on
defence, the petitioner has not exhausted all resources to this process,
which the law to protect the rights it provides, how it stores the provisions of § 75
paragraph. 1 Act No. 182/1993 Coll., on the Constitutional Court, as it did on the
the ordinary court with a proposal for the review of the legality of the decision of the authority
the State administration under the provisions of section 244 of the civil procedure.
The Constitutional Court, however, after examining the proposal, concluded that in the
If this is a question that its significance substantially exceeds the
the complainant's own interests, since it is the wide range of people that
the amendment in question were Act No. 76/1959 Coll. prejudice ex lege, thus
directly from the law, and so has been completely stopped payment of výsluhového
the contribution, which have lost some of their income. In addition, the Constitutional Court took in
account of the fact that the Constitutional Court is gradually turning and
the future would probably be turned more citizens concerned with the maintenance of the
the amendment to withdraw the výsluhového contribution.
Under the provisions of section 75 para. 2 Act No. 182/1993 Coll., Constitutional Court
to reject the adoption of a constitutional complaint, even if the condition is not met by the
paragraph 1 of the cited provision, if a complaint with regard to the
substantially exceeds the own interests of the complainant and was made into a single
year from the date on which the fact that is the subject of a constitutional complaint,
has occurred. This condition is fulfilled, for the complainant to stop payment
výsluhového 1 contribution February 1996 and the constitutional complaint 1.
April 1996. In this case, the Constitutional Court ruled that both have been met
the above conditions the provisions of section 75 para. 2 Act No. 182/1993 Coll., and
Therefore, the constitutional complaint, even if the applicant did not dismiss all process
resources prior to its filing requirements.
The Constitutional Court found the decisions granting výsluhového
the contribution of the military social security, that the applicant was
with effect from 1 January. April 1994 granted výsluhový contribution of 4500
Per month until the age of 60 years, since it was an order of the Minister of
the Defense dismissed from the service of a soldier by profession according to § 26 para.
1 (b). (g)). the Act because of the reduction of the armed forces.
Furthermore, it was found that the applicant was the decision of the military Office
social security stopped the payment of výsluhového post
on the grounds that it is in accordance with the amendment of the Act No. 76/1959 Coll. effective
from the 1. January 1996, with effect from 1 January. February 1996.
By decision of the Ministry of defence on appeal from the complainant was stopping
payment of the allowance in full výsluhového confirmed on the grounds
pursuant to the amendment to Act No. 76/1959 Coll. (No. 160/1955 Coll., article. (XII)), which
supplement the provisions of § 33 paragraph 11, when admission to the
According to other laws, leaving the payment výsluhového post
does not belong. From the amendment, it is obvious that applies with effect from 1. January
1996 the recipient's contributions to all of the výsluhových in the staff ratio without
regardless of the previous length of service or on the date from which it was
contribution granted. It is therefore not decisive when the beneficiary výsluhového
contribution to this other service, whether before
effect of this Act, or of its effectiveness. Decisive is here
only the effective date of the Amendment No. 160/1995 Coll., on which the payment of the
the contribution does not belong, and qualify for this benefit, however, remains.
Furthermore, in the decision of the Ministry of defence States that the provisions of section
33 para. 11 was to the law added to the provisions of law No.
76/1959 Coll. on výsluhového contribution was brought in line with
similar provisions of other laws on business ratios (eg.
Police of the Czech Republic and the security information service). It would be
unfounded, that the former soldier still in his twenties, výsluhový
post, when the law on another prison service, according to which the
He accepted a similar dose of employment are entitled to continue to
preserves and to be eligible for this benefit and the amount counted and
the period of service of a soldier in active service. If the applicant has met the
the conditions for entitlement to the allowance for the service pursuant to Act No. 186/1992
Coll., as amended, the applicant after the termination of service
a police officer for the service allowance under this Act and the time
military service he will be entitled to receive for the service
The President of the Chamber of deputies of the Parliament of the United Kingdom in its
observations that the provisions of articles of the law is based on the principle
the legal relations of the substantive and procedural law which were based
the existing legislation (i.e., in the present case before the adoption of law No.
160/1995 Coll.), are managed in principle that law and until the
the effectiveness of the new law, its effectiveness is, however, subject to the law.
CIT law, therefore, does not interfere with the legal relationships and claims arising from them
1. in January 1996, but only in accordance with the constitutional order of the Czech
States shall lay down the conditions for the future for the granting and payment of
výsluhového post. In this context, it pointed to the findings of the constitutional
the Court published in the collection of laws under no. 169/1994 Coll. and no 107//1996
Coll., in which the Constitutional Court, inter alia, dealt with the question of retroactive and
According to the communication of the President of the Chamber of Deputies was Act No. 160/1995 Sb.
approved by the necessary majority of 30 March 2004. June 1995, was signed by the
respective constitutional factors and properly declared. Legislature
He acted in the belief that the law is adopted in accordance with the Constitution, the constitutional
policy and the legal order of the Czech Republic.
The issue of výsluhového post already dealt with constitutional
Court SP. zn. PL. ÚS 9/95 in connection with the proposal to repeal of the law No.
34/1995 Coll. novelizujícího Act No. 76/1959 Coll. Even if it were a
different provisions, in this case can be assessed allowance výsluhový
in accordance with the explanatory memorandum to the subject matter of the law. Výsluhový post
It is conceived in our legal system as a sort of compensation for the work
carried out in difficult conditions and the compensation for certain personal
the limits resulting from the nature of the work in the armed forces of the State.
It belongs to all who fulfil the conditions laid down by law, and are part of the
the system of benefits and social nature associated with the termination of
of service. Entitled to all of these benefits are maintained.
Výsluhový post should not be understood as a part of the remuneration, but
in the opinion of the Minister of labour and Social Affairs, the constitutional
the Court identified as a separate income that was not part of the so-called.
service income and is not even part of the salary of members of the armed
forces. This is a special category of cash income to some reasoned
extent social grounds.
The Constitutional Court considered the objection first retroactive and found that the view
the complainant on the retroactive effect of the law is one-sided. In the already cited
Constitutional Court, essentially the same finding SP. zn. PL. ÚS 3/94
No 164/1994 Coll., explains the difference between right and wrong
retroaktivitou. With reference to the findings of the Constitutional Court referred to in the
the case of the amendment of the Act No. 76/1959 Coll. on the right is not the retroactive effect,
but the wrong, that our legal system admits, and when the legal
relationships that have arisen for the validity of the old law, manage principle
This right up to the time of effectiveness of the new law.
As regards the assessment of whether the contested provisions of § 33 para. 11 of the Act
No 76/1995 Coll., referred to by the applicant have been infringed the fundamental rights and
freedom, the Constitutional Court has considered that it is not.
The Constitutional Court dealt with the first objection to violation of the principle of legal
certainty that the complainant relies on the fact that he entered the service of
Police of the Czech Republic, in good faith, that the State, which at the time
provide výsluhový contribution will not be sudden changes threaten
stability and reliability of its social policy, as citizens have the right
to the behavior of the State is for them calculable. The Constitutional Court is
the opinion that too frequent changes in the legislation on issues of particular
economic, labour and social policy--weakening legal certainty
citizens and the credibility of the State itself. On the other hand, however, cannot be
the lawmakers deny the right to readjust social relations wherever
It considers it necessary and appropriate to the public interest and if the
they are not threatened by the fundamental rights and freedoms of citizens in its essence.
Such a threat to the Constitutional Court in this case did not find and claim that the
new adjustment výsluhového contribution in violation of the rights of the complainant
to free choice of profession according to article 26, paragraph 2. 1 of the Charter of fundamental
rights and freedoms, couldn't refuse. Ing. J. v. military authority
the amendment to the Social Security Act and the associated withdrawal
výsluhového post beforehand and could then consider whether changes
current employment as such, which does not lie on the prison service and
where would výsluhový post continue to be received, for example. for employment in the
one of the scopes of its technical education. If so, the complainant
to do so, put it, that, despite the loss of the $ 4500 in a monthly budget
my family prefers to continue to work for the police of the Czech Republic. His
Thus, the situation was such that it was deprived of any alternatives, and
that would be forced to undergo the new measures of the law. It is true that
payment výsluhového allowance for his leaving the rest
--and the Constitutional Court understands that this is perceived as detrimental to the complainant--but
claim and other business years are counted in the above
výsluhového post that will be after the termination of service
paid. The purpose of the výsluhového contribution is financial compensation when
leaving the service at all, not just by giving
one service to another service.
The provisions of § 33 para. 11 of the Act No. 76/1959 Coll., as amended, is not
the right to free choice of profession or the right to do business or carry on
other economic activities should be restricted. Difficulties in finding a new job
relieves výsluhový just post to which the complainant had permanent
the claim in any other job, with the exception of service.
The Constitutional Court also considered that the legislature has defined entirely in General and without
the exceptions range of agencies subject to the same conditions remains
výsluhový post, and just in General and those on circuit
his paycheck, and only after a period of further service, they lose
claim. By maintaining the principle of equality in the assessment of personnel
extent of the law, because it is defined, without inside these groups of people
or put the favored ones or those bodies. If the cancellation
výsluhového contribution should apply only to business ratios that
only arise in the future, as suggested by the complainant, there would be just
the violation of the principle of equality by favouring those who
the effectiveness of this measure in the prison service has already been compared to those
which the service of the newly emerged. Even the claim that there was an
unauthorized interference with the private and personal life, does not hold water. To
prevent direct exposure to the contested legal standards. If
then as to the granting or refusal of rank of Lieutenant Colonel in the new
service to the complainant, it is a question that is beyond consideration in
under this procedure, because the continuity or discontinuity of the rank
výsluhovým is not related to the post.
In view of the above, the Constitutional Court had, than
the proposal to repeal the provisions of § 33 para. 1 of Act No. 76/1959 Coll., on
amended by Act No. 160/1995 Coll., reject.
The President of the Constitutional Court of the Czech Republic:
in the z.. Haboob in r.