13/1996 Coll.
FIND
The Constitutional Court of the Czech Republic
On behalf of the United States
The Constitutional Court of the Czech Republic held on 19 December. December 1995 in plenary in
draft groups 42 members of Parliament of the United
Republic for annulment of article 1(2). I, section 8 of Act No. 137/1995 Coll., which
amending and supplementing Act No. 29/1984 Coll. on the system of elementary and secondary
schools (Education Act), as amended by Act No 188//1988 Coll., Act No.
171/1990 Coll., Act No. 527/1990 Coll., Act No. 133/1993 Coll., Act No.
190/1993 Coll., Act No. 333/1993 Coll. of the Czech Constitutional Court
No. 49/1994 Coll. and Act No. 256/1994 Coll., and the law of the United
the National Council No. 76/1978 Coll. on school facilities, as amended by law
The Czech National Council No. 29/1984 Coll., Act of the Czech National Council.
390/1991 Coll. and Act No. 190/1993 Coll., with the participation of the Chamber of Deputies
The Parliament of the United Kingdom as follows:
The proposal is rejected.
Justification
A group of 42 members of the Chamber of deputies of the Parliament of the United Kingdom
filed a motion to repeal the provisions of the article. I, section 8 of Act No. 137/1995 Coll.
amending and supplementing Act No. 29/1984 Coll. on the system of basic and
secondary education (the Education Act), as amended by Act No. 187/1988 Coll., Act
No 171/1990 Coll., Act No. 527/1990 Coll., Act No. 133/1993 Coll., Act
No 190/1993 Coll., Act No. 333/1993 Coll. of the Czech Constitutional Court
No. 49/1994 Coll. and Act No. 256/1994 Coll., and the law of the United
the National Council No. 76/1978 Coll. on school facilities, as amended by law
The Czech National Council No. 29/1984 Coll., Act of the Czech National Council.
390/1991 Coll. and Act No. 190/1993 Coll., and in this proposal stated that the newly
inserted in paragraph 2 of section 4 of the Education Act, particularly in the case of higher
professional schools established by the State, is in conflict with the constitutional order
The United States, in particular with article. 33 para. the Charter of fundamental rights and
freedoms ("the Charter"), according to which citizens have the right to
free education in primary and secondary schools, according to the abilities
the citizen and the ability of the company to the universities. The contested
the provisions of the amendment to the Education Act provides that education in the
higher vocational schools established by the State may be granted in return for payment
Since the amount and the method of payment provides for government regulation; in
These schools run by the municipalities, since the amount and method of payment
provides for community generally binding Decree. Remuneration cannot be greater than the
half of the calculated cost of a student of the school. This will therefore
determination of the time at which you will need to provide remuneration, as well as the amount and
In addition, shifting payment methods on the legislation and the source of law is less
legal force than the common law. Such a procedure is in gross breach of
the constitutional order of the Czech Republic and also with ratified and
embodied in the treaties on human rights and fundamental freedoms,
According to the article. 10 of the Constitution of the Czech Republic (hereinafter referred to as "the Constitution") are
directly binding and have precedence over the law. For example, in the article.
in article 13(3). 1 of the International Covenant on economic, social and cultural
rights, declared under no. 120/1976 Coll., is recognized the right of everyone to the
education and at the same time stipulated that in order to achieve the full implementation of this
the law is needed to make basic education was compulsory and free
accessible to all, and to allow for and made available to
secondary school of higher education, and also the gradual introduction of a free
Education [article 13, paragraph 2 (a)), b), c)]. In addition, according to the article. 5 (3). 2
the same Pact does not allow any restriction or cancellation of any of
the fundamental human rights recognized or existing in any country
on the basis of law, conventions, regulations or custom on the pretext that the Covenant
does not recognize such rights or that it recognizes them to a lesser extent. Also in the
The Convention on the rights of the child, proclaimed under no. 104/1991, is recognized
right of the child to education, saying that for the purposes of the progressive implementation of
This law and on the basis of equal opportunities, in particular, is implemented for
all children free and compulsory basic education and encouraged the development of
different forms of secondary education, including such measures as
free education [article 28, paragraph 1 (a)), (b))]. Yet in the article. 41 (c).
a), b) of this Convention States that nothing in this Convention shall not affect the
the provision, which more fully help the realisation of the rights of the child and
that may be contained in the legal order of a State which is a Contracting
party, or in international law, which is binding for that State.
All of these vital arguments stated expressly the Constitutional Court of the Czech
the Republic in support of its finding, published under no. 49/1994 Coll.
A group of members of the Chamber of deputies signed the Czech Parliament
States therefore proposes that the Constitutional Court held findings so that
the provisions of article. I, section 8 of Act No. 137/1995 Coll., which was inserted a new
paragraph 2 of section 4 of the Education Act, as amended,
repealed on the date of publication of the finding in the journal of laws.
The Chamber of deputies of the Parliament of the United Kingdom in the letter of its President
PhDr. Milan Uhdeho of 12 October. 10.1995 pointed to the explanatory memorandum to the
Act No. 137/1995 Coll., which States that the original law (16)
only a system of primary and secondary schools. Because of the higher vocational
school, the adoption of the amendment only experimental, have proved their worth, were from
for this reason included in the system of schools as one of its essential
folders. It is, however, a study of more than secondary school, with
extensive practical component of the study, in which graduate reaches
higher vocational education. So online dating designed for
graduates of secondary schools, which aims to increase the skills, or
specialization. Due to the nature of this study and the tendencies of his
the expected development is not the sole financing from the State budget
appropriate. In primary and secondary schools is guaranteed by the Charter
the royalty-free education, however, due to the fact that education in the higher
vocational schools provides additional qualifications for students who already have done the
school-leaving exam in high school, you can provide this education for
consideration. Introduction of education on higher vocational schools in return for payment is not
Thus, contrary to the constitutional order of the Czech Republic or with international
treaties by which the Czech Republic is bound. The law was approved by the
required majority of members of Parliament of the United
the Republic of 22 July 2003. 6. in 1995, was signed by the respective constitutional factors
and was properly declared. The legislature therefore acted in the belief that
the adopted law is in accordance with the Constitution and our laws and is on the
The Constitutional Court, in the context of the examination of the proposal to repeal section 4 of the
paragraph. 2 of Act No. 137/1995 Coll., to assess the constitutionality of this law and issued the
the relevant decision.
Of the 32 reports těsnopisecké. a meeting of the Chamber of deputies of the Czech Parliament
Republic on 20. --30. June 1995 the Constitutional Court found that the
Act No. 137/1995 Coll., was passed on 22 November. June 1995 required
the majority of members pursuant to the provisions of § 95 39 paragraph 2. 1 and 2 of the Constitution. This
the law was promulgated in the amount of 37 of the laws of the United States, sent out by
27 June 2002. 7.1995. For discussion and adoption of the law was based on the
the Government's proposal of 7 November. 12.1994 (print No 1430) and joint
reports of committees of the House to amend the draft of the law of 16 June.
6.1995 (print # 1632). It can therefore be assumed that the law was
adopted and published within the limits of the Constitution laid down the competence and constitutionally
in the prescribed manner (section 68, paragraph 2, of Act No. 182/1993 Coll., on the constitutional
of the Court).
The term "College", which is by law No 137/1995 Coll. (article. (I)
points 1, 2) became part of the educational system (section 1 (1)
the Education Act), is defined in detail in the article. I, point 28 (§ 27a of the school
of the Act), and that, in paragraph 1 of the cited provision states that
the College prepares for qualified performance-intensive
professional activities or educational background for the performance deepens
specific intensive activities. Under paragraph 2, the provisions of higher emotion.
vocational school provides individual fields of study in higher vocational
education, which includes the General, specific vocational training,
the arduous practical training and terminating the final examination; daily study
It takes at least two and a maximum of three years, it takes at least three distance learning and
the most in four years. If it is part of the full-time practical preparation
held in the form of professional practice with a length of more than three months, the daily
the study of the last three and a half years. Pupil who succeeded
discharge, has the right to use your name for the designation of graduate in higher
the vocational school. In paragraph 3, the provisions of articles will eventually provide that to
study on higher vocational schools shall be taken by the students and other applicants,
who receive full secondary education or vocational
education. As is apparent from the explanatory memorandum to the Act No 137/1995 Coll.
the reason for the inclusion of higher vocational schools in the educational system
was the fact that, so far, these experimental schools, have proved their worth.
As for the online dating designed for graduates of secondary schools and
seeking to increase their skills or specialization.
From what has been stated, it is therefore obvious that community colleges are
While on the one hand part of the educational system, on the side of the
the second type, however, are different from secondary schools, for the study of the
them to obtain secondary education already assumed. This your
nature are beyond higher vocational schools from the scope of article 87(1). 33 para. 2
The Charter of zakotvujícího citizens ' right to free education in elementary and
secondary schools. However, this article talks about the right to
free education in high schools, it's not here already about the right
unconditional in nature, since it is next to the podmiňováváno ability
the citizen also vacation company. The provisions of § 4 para. 2 the school
However, the law is not, in the opinion of the Constitutional Court, in conflict with the
ratified and promulgated international treaties on human rights
and fundamental freedoms, which the Czech Republic is bound are
directly binding and have precedence over the law (article 10 of the Constitution). So
particularly in the article. in article 13(3). 2 (a). (c)) of the International Covenant on
economic, social and cultural rights, the declared below. No.
120/1976 Coll., while States that higher education will be made available
for all, based on the ability of all appropriate means, however
only the gradual introduction of free education. Also the adoption of the Convention on the
rights of the child, proclaimed under. No. 104/1991 Coll., the States which are
Contracting Parties to this Convention recognise the right of the child to education with the aim of
the gradual implementation of the law and on the basis of equal opportunities,
in particular, the introduction of free and compulsory basic education for
all the children [article 28, paragraph 1 (a))] and the stimulation of development of the various
forms of secondary education, including General and vocational education,
as well as making it an acceptable and affordable for every child and receiving
other appropriate measures such as the introduction of free education and
If necessary, the provision of financial support [article 28, paragraph 1, point (a).
(b))]. it is apparent from those international treaties, thus excluding any
doubt that in terms of higher than secondary education, its
the provision has been associated with a specific process, whose characteristic feature
is the sequence of the individual measures. The introduction of free education at the
It represents the higher vocational schools under the current legislation, and
in the existing social circumstances only the target to which the individual
the Contracting Parties shall seek in accordance with their capabilities. Neither of these
international standards therefore do not have when editing more than secondary
education and only suggest the unconditional subtext implied tendency
development. Also a link to the article. 5 (3). 2 of the International Covenant on
economic, social and cultural rights, providing for the inadmissibility
restriction or derogation from any of the fundamental human rights
recognized or existing in any country on the basis of the law,
conventions, regulations or custom on the pretext that the Covenant such a right
does not recognize or recognizes them to a lesser extent, lacks, in the opinion of
The Constitutional Court, justification, as also the Charter enshrines in article. 33
paragraph. 2 the unconditional right to free education in the primary and only
secondary schools. Finally, you cannot, in the opinion of the Constitutional Court
agree with the view of the appellants, or that the unconstitutionality of the challenged standard
can be drawn from the fact that the introduction of payment for time in the higher education
vocational schools established by the State, as well as the amount and method of payment
are left to the Government. The provisions of section 78 of the Constitution implies that
the Government is authorised to issue regulations for the implementation of the law and its limits.
Therefore, if it is already in the contested provisions of § 4 para. 2 Education Act
States that the consideration for the education provided in specialist colleges
schools cannot be more than half of the calculated costs of one
a school pupil, then, that the Government leaves only the determination of the period, from
When the remuneration is to be provided, as well as the determination of the amount and the method of
the remuneration is entirely along the lines of article. 78 of the Constitution.
The objection of unconstitutionality of section 4, paragraph 4. 2 of the Education Act, as amended by law
No 138/1995 Coll., lies in the voucher on the commitment by the State to gradually introduce
free higher than secondary education [article 13, paragraph 2 (b), (c))
The International Covenant on economic, social and cultural rights].
The question here is whether the said obligation arises for the legislature to ban
changes to the gratuity higher education to education for consideration, even if
for example, even partial. The opinion contained in this objection, however,
The Constitutional Court does not share. Terms such as "education", "free of charge free of charge
medical care "," Parliament "," choice ", as well as many others, have
in a totalitarian and a democratic system in principle, different meaning. In
the political and economic system, the totality of these concepts make up a mere
a semblance of legitimacy, power, as well as a fiction of the welfare State,
by contrast, in democratic political and economic system to indicate
mechanism of formation, or the functioning of the legitimate authority and peace activities
State in relation to the citizens, financed by tax revenues. Principled
difference in the meaning of these terms in those different systems
in the opinion of the Constitutional Court represents the reason why these concepts here
cannot, due to their divergence, endorse the content.
The President of the Constitutional Court of the Czech Republic:
JUDr. Kessler v. r.
The rights to bring the different opinions in the minutes of the hearing and on its
the connection to the decision with the transcription of his name, according to article 14 of law No.
182/1993 Coll., on the Constitutional Court, judge of the Constitutional Court of the Czech
Republic of JUDr. Vladimir Paul.
Different views
Different opinion of judge JUDr. Vladimir Paula
The design of a group of MPs on the repeal of the provisions of article I, section 8 of Act No.
138/1995 Coll., amending and supplementing Act No. 29/1984 Coll., on
the system of primary and secondary education (the Education Act), as amended by
amended, should be granted, since the introduction of the education in
higher vocational schools established by the State in return for payment, or partial
remuneration, is not in accordance with the obligations of the United States, resulting from the
The International Covenant on economic, social and cultural rights
(No. 120/1976 Coll.), by which the Czech Republic is bound. The Pact, in its
article. in article 13(3). 2 recognizes three levels of education, which the Member States will be
provide:
and basic education as compulsory) and freely accessible to all,
b) secondary education in different forms, including technical and
vocational secondary education, which will generally be allowed to and
available to all appropriate means, and in particular the gradual
the introduction of free education-the latter a condition for Czech
Australia meets its international obligation and has provided in the article. 33 para.
2 of the Charter of fundamental rights and freedoms in that direction, that citizens have the right to
free education in primary and secondary schools,
c) higher education accessible for all, according to the capabilities,
by all appropriate means, and in particular, the gradual introduction of a free
education.
This category includes those forms of education that exceed the level of
secondary education; Here the Czech Republic took over the commitment
the gradual introduction of free education. It follows from this that the imposition of
where payments in the Czech Republic so far, such education
provided free of charge, is directed against the commitment the United States gradually
to introduce free education and is not in accordance with the cited provisions of the
The International Covenant on economic, social and cultural rights.
If the State commitment from an international treaty adopted, this commitment
has met or fulfilled, then return to the original or similar conditions
International Treaty should be overcome, cannot be considered compliant with the
clearance by the State upon acceptance of a commitment demonstrated and for the actions that
corresponds to the meaning of the provisions of the Treaty.