312/1998 Coll.
FIND
The Constitutional Court
On behalf of the United States
The Constitutional Court decided on 2 February 2005. in December 1998, the plenary on the proposal of the Group
members of the Chamber of deputies of the Parliament of the United Kingdom for annulment of
the provisions of § 35 para. 1 (b). (c) the provisions of §) and parts of paragraph 36. 1 in the
the words "for a period of the calendar half-year," the Decree of the Ministry of labour and
Social Affairs of the Czech Republic No. 182/1991 Coll., implementing the
the Social Security Act and the law of the Czech National Council on the scope of the
the authorities of the Czech Republic in the Social Security Act, as amended by Decree
The Ministry of labour and Social Affairs No. 138/1997 Coll.
as follows:
1. The provisions of § 35 para. 1 (b). (c) the Decree of the Ministry of labour) and
Social Affairs of the Czech Republic No. 182/1991 Coll., implementing the
the Social Security Act and the law of the Czech National Council on the scope of the
the authorities of the Czech Republic in the Social Security Act, as amended by Decree
The Ministry of labour and Social Affairs No. 138/1997 Coll., shall be repealed on the date of
the publication of this finding in the statute book.
2. An application for revocation under the provisions of § 36 odst. 1 of Decree of the Ministry of
labour and Social Affairs of the Czech Republic No. 182/1991 Coll., which
performed by the Social Security Act and the law of the Czech National Council on
the scope of the authorities of the Czech Republic in the Social Security Act, as amended by
Decree of the Ministry of labour and Social Affairs No. 138/1997 Coll., on
the words "for a period of calendar half-year" is rejected.
Justification
(I).
On 22 November. in December 1997, the Constitutional Court received a proposal from a group of 37 members of the
The Chamber of deputies of the Parliament of the United Kingdom, in which the subscribers
MEPs with reference to the article. 87 para. 1 (b). (b)) of the Constitution of the Czech Republic
(hereinafter referred to as "the Constitution") propose to repeal the provisions of § 35 para. 1 (b). (c)), and
under the provisions of § 36 odst. 1 in the words "for a period calendar
half of the "Decree of the Ministry of labour and Social Affairs of the Czech Republic
No. 182/1991 Coll., implementing the law on social security and
the law of the Czech National Council on the competence of the authorities of the Czech Republic
social security, as amended by Decree of the Ministry of labour and
Social Affairs, no. 138/1997 Coll., the plaintiffs argue that the law No.
100/1988 Coll. on social security, as subsequently amended,
based in § 73 para. 6 (a). (b)) and in § 86 para. 1 severely disabled
the affected citizens the right to benefits in kind. This law does not
the mandate for the Ministry of labour and Social Affairs to modify the Decree
conditions for the grant of the contribution for the purchase and operation of a motor vehicle
These citizens. The Czech National Council Act No. 114/1988 Coll., on the scope of the
the authorities of the Czech Republic in the Social Security Act, as amended
the regulations in § 34 (a). (b)) provides that district authorities in the framework of the care
seriously disabled citizens decide on granting
purchase, repair and operation of a motor vehicle and to pay
insurance premiums. This Act contains in section 58 (a); and) mandate for the
The Ministry of labour and Social Affairs to lay down the details of the Decree
provision of benefits and services to social care. Detailed arrangements of care for severely
disabled citizens was made by Decree No. 182/1991 Coll.
Contribution to the purchase, the total adjustment of the special arrangements for the motor and
of the vehicle, as well as a contribution to the operation of a motor vehicle and a contribution to the
payment of the insurance premiums have been carried out prior to its amendment by Decree No.
138/1997 Coll. regulated in the provisions of sections 35 and 36 of Decree No. 182/1991
Coll., as amended by decrees no. 28/1993, no. 137/1994 Coll., no 206/1995
Coll., Constitutional Court No. 72/1995 Coll. and Decree No. 264/1996 Coll.
Entitlement to these posts he belonged to the citizens with severe defects of the carrier, or
the locomotor system. The law and the implementing of the provisions of § 35 of Decree No.
182/1991 Coll. before amendments to the said claim for the allowance on
purchase, repair and special arrangements for a motor vehicle not
According to the data of birth of the applicant, but solely based on objective and
health criteria defined in annex 5 to the Decree No. 182/1991
Coll. (amputační loss of limbs in the thigh, the loss of both amputační
limbs in amputees, complete paralysis or severe paralysis of two limbs
ankylosis of other hip joints etc). Decree No. 138/1997 was
the newly established that the contribution to the purchase and overhaul of the engine
the vehicle shall be granted only to a citizen with a severe defect of carrier or
the musculoskeletal system, which on the date of submission of the request has not reached the age of 62 years. From
the language of the provisions of § 35 para. 4 and 5 can be inferred that these negative
the condition also applies to citizens, which was already in the past post
granted, if the age of 62 years at a time when we're 10 or 5
years of prerequisites for the right to submit a new application for renewal
contribution. The administrative determination of the upper age limit for the application of the
the legal right of citizens with severe defects of the carrier or of the musculoskeletal system
the benefits of the purchase, the total adjustment and
specific provisions of the motor vehicle is, according to plaintiffs in breach of
not only with the principles of humanity, but also with the principles of the rule of law, to which the
also includes the principle of legal certainty and the protection and citizens ' confidence in the law, and
with the prohibition of discrimination for any reason, including age, according to the
article. 3 in conjunction with article. 30 of the Charter of fundamental rights and freedoms (hereinafter referred to as
"The Charter").
According to the existing legislation, the contribution made by holders of licences
benefits of second and third degree (ZTP and ZTP/P) for the operation of
the motor vehicle has increased, decreased or withdrawn ex officio, if the
District Office found out that the facts have changed, in which it was
post, or increase it granted (§ 36 para. 9 of the Decree No.
182/1991 Coll.). This provision was nebyrokratické by Decree No.
138/1997 Coll., replaced by a new text of § 36 odst. 1, according to which permanently
disability disabled persons must post on the operation of a motor vehicle
in writing to request every six months. At the international level has been adopted a number of
documents that call on the Member States of the United Nations,
The International Labour Organization, the World Health Organization, the Council of
Europe, etc., in order to, inter alia, to protect persons who are not able to themselves
all or part of the normal personal needs or
social life as a result of congenital or acquired reduced physical
or intellectual abilities, against any reduction and discriminatory
illegal and degrading treatment. Bureaucratic requirement that
trvalí disabled persons twice a year in writing requested posts, lacks
reasonable grounds and is inconsistent with both the hierarchy of social values, with
the essence and purpose of the fundamental right of persons with disabilities on
such assistance, which is essential to ensure their basic
living conditions (under article 30 in conjunction with article 4 of the Charter). Point
In addition to the provisions of § 36 odst. 1 of Decree No. 138/1997 Coll., which
provides that an applicant for a post in advance, in writing, must commit to
Returns a proportion of the paid post in the event that no longer meets the
the conditions for the granting of the allowance. Also according to § 35 para. 7 the applicant
must commit to return the paid post or its proportional part,
If there are facts presented under letters a) to (d)) of this provision.
Annulment of the contested provisions therefore will not require a change
the Ordinance, so that the enforceability of the award can be linked with the date of its publication in the
in the collection of laws under section 58 of Act No. 182/1993 Coll., on the Constitutional Court.
II.
According to the provisions of § 42 para. 3 and section 69 of Act No. 182/1993 Coll., posted by
The constitutional court petition to the Ministry of labour and social
things. The Ministry in its written observations on the draft States that the proposal
a group of MPs relates to adjustments to cash benefits (but not benefits
g/l, as stated in the proposal) incorrectly identified citizens heavily
for the disabled, which constitute the current legal status
part of social care as a partial subsystem gradually transformed
of social security. Highlights the need to consistent case sensitivity
two lines of social care, and care provided by reason of income
inadequacy and social care designed to overcome the difficulties
arising from a disability. The Charter in article 6(2). 30 paragraph 2. 2, whose
the plaintiffs allege several times, establishes the right of anyone who is in
material need, on such assistance that is necessary to ensure
basic living conditions. The details of the anticipated paragraph 3 of the same
Article of the Charter are aimed to modify the subsistence level as the Institute
the determinative element in material need in the Act No. 463/1991 Coll., on the
a minimum, and to adjust the manner and forms of provision of assistance because of the material
of an emergency, as well as other conditions and levels of assistance in the Act of the Czech national
Council No. 482/1991 Coll., on Social Neediness. Social care benefits
provided by heavily handicapped citizens seek to overcome
problems arising from this disability (article 86, paragraph 2 of law No.
100/1988 Coll.) and therefore does not address the material need. As such, they cannot be
Therefore, in the opinion of the Ministry given to the context of the article. 30 paragraph 2. 2
Of the Charter. Paragraph 1 of the article. 30 of the Charter is the constitutional basis for
security in old age when incapacity for work and for loss of a breadwinner,
i.e.. for system security, in our conditions constituted as
pension. sickness insurance. Of the Charter cannot be inferred
the right of citizens of the disabled on a specific position in the system
social care services. In addition, according to the article. 41 of the Charter of rights referred to in article can be.
30 sue only within the limits of the law, that this article be made. For this
the situation is a matter of law, in accordance with the generally accepted principles of
humanity and dignity has established a security system that will help to ease and
will help to overcome the difficulties arising from disability. This
the law is Act No. 100/1988 Coll., on social
security, as amended. The provisions of sections 86 and 87 shall lay down
the range of social care for disabled persons, and in terms of
the subject of this proceeding, it is important that the provisions of § 86 para. 1 providing
that the competent national authorities shall provide to overcome the difficulties arising from the
among others, their disability cash benefits. Entitlement to benefit, and its
the payment, as well as the other general provisions of the claims and the payment of
These benefits regulates § 94 et seq. of the Act. The jurisdiction of the
the State authorities to provide benefits for disabled citizens
some aspects of process regulated by the Act of the Czech National Council.
114/1988 Coll., on the scope of the authorities of the Czech Republic in the social
security, as amended, (in particular, section 33 and 34)
providing for the jurisdiction, as well as a basic definition of each
types of social welfare benefits intended for people with disabilities. On
the basis of the provisions of [section 177a of zmocňovacích, paragraph 1, of Act No. 100/1988 Coll.
and section 58 (a); and the Czech National Council) of Act No. 114/1988 Coll.] She was with
effect from 1. July 1997 by Decree No. 138/1997 amended
Decree No. 182/1991 Coll., implementing the law on the social
Security and the law on the scope of the authorities of the Czech Republic in the social
Security. The Ministry is of the opinion that this implementing Regulation respects
the limit of the law, to whose implementation is intended use is made of the provisions of the
§ 73 para. 1, § 86 para. 1 and parts of the fourth Act No. 100/1988 Coll., on
social security, as well as the provisions of sections 33 and 34 of the Act of the Czech
the National Council No. 114/1988 Coll. of the Ministry as satisfactory in terms of
constitutional principles (article 79 of the Constitution and article 30 of the Charter) in the Tween
the contested provisions of the Decree, which should be grounds for
their cancellation.
The nature of the changes made to the provisions of § 35 para. 1 (b). (c)), and
§ 36 odst. 1 the contested Decree effective from 1. July 1997, then
The Ministry of labour and Social Affairs States that the purpose of the contribution to the
the purchase of a motor vehicle pursuant to the said statutory limits is to contribute
to overcome health problems by citizens dependent on
individual transport creates a partial financial backing. Basic
aspect of it is that the purchased vehicle will be used to transport
Thus a handicapped citizen. The Ministry is forced to conclude
that neither the realm of social care is not free from efforts by some recipients,
button is clicked. people close to them take advantage of the substantial advantages accorded to the
This care and circumvent the purpose of the aid. While the control options are of
the nature of things. The finding, in particular in the Group of recipients
the higher the age of vehicle often is not used to transport the affected citizen
were the provisions of § 35 para. 1 by the age condition. The purpose of this
This adjustment was, in order to increase the probability that a dose will serve
a stated purpose, i.e. to. to transport the affected. Age is next to the
the health status of a not insignificant aspect of how motor
the vehicle can help to overcome the difficulties arising from the health
disability. The intention was to help the disabled, especially those
whose disability makes them otherwise insurmountable difficulties, for example. When
the study or in the transportation business. As a threshold for
the allowance for the purchase of a motor vehicle has been fixed
the boundaries of 62 years, that is, according to regulations on pension insurance
the target limit for retirement for men in 2007.
The determination of the age limit in the legislation on social security does not
unusual, for example. only can be considered dependent child up to age 26
age, even if the other conditions are met, nezaopatřenosti. In
labour legislation is also a cap on 65 years for
compensation for loss of earnings, etc. If disabled
the affected citizen due to exceeding the age limit is no longer an option
to obtain the contribution for the purchase of a motor vehicle, you may request a different
form of assistance, i.e.. individual transport allowance under section 37
the cited Decree. The Ministry is of the opinion that the principle of legal
the security and trust of citizens in the right of the Edit. Post
to purchase a motor vehicle is a one-time cash. New
the provisions of § 35 para. 1 (b). (c)) shall not prejudice the acquired rights (eg.
the allowance granted for the purchase of a motor vehicle osmdesátiletému
citizens for the effectiveness of the previous regulation) or the principle, according to which
the laws are effective in the future. The legal consequence of
refusal of benefits on grounds of age could occur only in the case that age 62
years was reached after the effectiveness of the amendment Ordinance (after 1 July 1997).
If the appellants ' reasoning about discrimination against disabled persons
affected due to age should find expression in a likewise possible
Constitutional Court, can be predicted in the social areas of serious
the consequences for the entire security systems as its immanent elements
include the setting of certain ages.
Contribution to the operation of a motor vehicle pursuant to § 36 odst. 1 of Decree No.
182/1991 Coll., as amended by Decree No. 138/1997 Coll., is a one-time
cash (in section 32 to 41 of Decree No. 182/1991 Coll. are listed
a single dose, in section 42 to 48 cited the Decree then batch recurring
), which is from 1. July 1997 provided for the calendar half-year. From
the character of a single dose of follows that must always be on it again
applied for and is entitled to it is re-evaluated. In the legislation valid from 1.
July 1997 change has occurred just in the fact that it was made for a different period,
the post provides. Even before that date was this post
a single dose, as derived from the systematic inclusion of section 36 in
the cited Decree. Only the incorrect procedure the competent authorities could
in some cases this benefit in repeating mode
benefits. The inclusion of benefits between the lump has its substantive reasons, since it is
need to perform periodic monitoring of the use of the dose, which corresponds
verification of the conditions of eligibility within a given period of time (1 per semester).
Administrative burden that could be associated with this payment
benefits was reduced by the fact that, with effect from 2. in December 1997, when
decision to grant a contribution does not issue an administrative decision, if
the post was awarded in the requested or by a law established
the range [§ 54 para 1 (b), (d)) of the Act of the Czech National Council No. 114/1988
Coll., as amended by Act No. 289/1997]. As the only legal argument about the
that is the proposal in this part, the appellants state that the article relies. 30 of the Charter.
Contribution to the operation of the motor vehicle is, however, provided due to
disability of the citizen, not because of its material need, and
Therefore, even in this case cannot be on the article. 30 of the Charter relied upon. A proposal from the
It seeks to ensure that in § 36 odst. 1 of Decree No. 182/1991 Coll., as amended by
Decree No. 138/1997 Coll., has been deleted, the words "for a period calendar
half of the year. " If so without further modification of § 36 becomes, it will not
clear what period the contribution provides. You cannot, therefore, agree with the
Finally, the proposal that the deletion of these words will not require an additional
Amendment of section 36 cited decrees and that the enforceability of the award can be linked with
the date of its publication in the journal of laws. In the case of the deletion of the given
the words of section 36 para. 1 cited the decree will therefore be determined in section 36,
what period is this single dose provides. It is also not obvious
How would in the case of the deletion of the words followed in relation to §
paragraph 71. 2 Act No. 182/1993 Coll., the Ministry proposes, therefore, that the
a group of MPs rejected the proposal.
III.
A proposal from a group of MPs relates to social welfare legislation, which
the basic legislation is enshrined in Act No. 100/1988 Coll., on
Social Security Act, as amended. In the third section
This Act governing the scope of social welfare provides for the provisions of § 73
paragraph. 1 resolution of this care, so that the State provides assistance to both
citizens whose needs are not sufficiently secured by revenue from
the employment, pension or sickness benefits, security
button is clicked. in other earnings, and the citizens who need it due to the
their health condition and age. The proposal applies to social welfare, which is
the second area relates to the mentioned social care provided for reasons of
health problems.
Basis for the arguments of the application for annulment of the provisions of § 35 para. 1 (b). (c))
and part of the provisions of § 36 of the contested Decree is the alleged contradiction of these
provisions with the principles of the rule of law and the prohibition of discrimination of
for any reason. Prohibition of discrimination the edited article. 3 (2). 1 of the Charter
It guarantees equality in rights and specifies the provided for in article. 1 of the Charter,
Meanwhile, the Constitutional Court in its findings indicate several times-
last on your award SP. zn. PL. ÚS 40/97-that the principle of equality in the
rights is not in principle protected by itself, but only in the context of the
violation of other fundamental rights, which was achieved through constitutional laws
or the international treaties referred to in article. 10 of the Constitution. The appellants themselves
breach of the principle of equality and non-discrimination, infected
with rights protected by the provisions of article. 30 of the Charter. In paragraph 1,
This article, the Charter provides that citizens have the right to reasonable material
security in old age and incapacity to work, as well as the loss of
wage earner. The text of the Charter in that paragraph basically follows the article.
25 of the Universal Declaration of human rights, which lays down the right to
security in unemployment, sickness, disability, when you work in
old age, or in other cases, the loss of the earning possibilities. From text
that paragraph of the Charter as well as the said article of the Universal Declaration
of human rights implies that the right to adequate material provision
security you must associate with the social situations postrádajícími
same attribute. The issue under consideration, however,
refers to social care for seriously disabled citizens, when direct
the reason for providing this kind of social welfare from the State-as
can be inferred from the wording of the provisions of § 73 para. 1 and the provisions of § 86-89
Act No. 100/1988 Coll. on social security, as amended
the regulations, which is of the law, referred to in paragraph 3 of the article.
30 of the Charter-is not the lack of material, but the need for security
help in overcoming the adverse living conditions caused by
the disabled. The need for such assistance, however, the claims of the feed doesn't work
severely disabled people in the plane of the constitutionally guaranteed rights,
so the article. 30 and in connection with it or article. 3 and article. 4
Of the Charter does not hold water, moreover, given the provisions of article. paragraph 41. 1 of the Charter
It is possible the rights arising from this article to claim only within the limits
laws which implement these provisions.
When assessing the merits test proposal, the Constitutional Court therefore mainly
focused on the examination of the compliance of the contested decree law, which
the implementation has been released. The Ministry of labour and Social Affairs was to
issue decrees for the implementation of the law on social security and the law
The Czech National Council on the competence of the authorities of the Czech Republic in the social
authorized security provisions of the section 177a of para. 1 of the law on social
Security and section 58 (a); and the Czech National Council) of Act No. 114/1988 Coll.
Each implementing regulation issued by the Ministry, however, is bound to the article. 79
paragraph. the Constitution only to such a detailed treatment that must
to move on the basis of and within the limits of the law. In the present case, as far as
of substantive law, this Act is Act No. 100/1988 Coll., on social
Security. This Act further to the provisions of § 73 governing
the personal and material scope of the social welfare in section 86 provides that citizens of the heavily
the disabled provide the competent national authorities, inter alia,
cash benefits to overcome the difficulties arising from their disability
(paragraph 1), the State is obliged to provide assistance to these persons,
the classification and application, as well as to create conditions for their
the integration into social and public life (paragraph 3).
The revised implementing regulation, however, the provisions of § 35 para. 1 (b). (c))
limits the assistance provided in the form of a contribution to the purchase or the total
the repair of a motor vehicle to citizens with severe defects in the supporting and movement
mechanism of the newly established a condition of age disabled citizen-
nedosažením age 62 years, yet this age condition for limiting
relation to social rights cannot be considered so insignificant, that
could be fixed without the influence of the legislature. On the contrary, the determination of the age
the border is an essential requirement of the law itself, as defined in
a group of citizens who can at all right to apply, and that is why it is a
It is for the Edit thing and not just a standard law law
performing. Indeed, in all cases, the determination of the age, which in this
the context of the Ministry of labour and relies on Social Affairs, is the age
the boundaries of the law, not the law implementation. It must therefore be
to summarize, if the subject of the protection of the basic legal standards have been
the granting of social assistance to citizens with the indicated severe health
disabilities, not only when the inclusion and application, but also in the
creating the conditions for their integration into social and public
life, then stepped out of the implementing podzákonná standard of the limits of the law in the direction
that did not, and the introduction of conditions so laid down the limits of social
the assistance that the legal standard does not. For these reasons, it was
the provisions of § 35 para. 1 (b). (c)) Decree No. 182/1991 Coll., as amended by
Decree No. 138/1997 Coll., canceled the day of the publication of this finding in the
The collection of laws, for his conflict with the article. paragraph 79. 3 of the Constitution.
In relation to the next contested provisions of § 36 of the Decree, however, cited
such a contradiction was not found. With the observations of the Ministry of labour and
social policy can be in this direction to agree in the fact that the contribution
the operation of a motor vehicle to which the contested provision of section 36 relates,
is, how can the systematic interpretation of the Decree, the contribution of the
a one-off. The only change from the original edit as there was in the fact that
another has been the determination of the period for which the allowance is
provided, and it is therefore just about more detailed adjustment of benefit
social care [section 58 (a)) of the Act of the Czech National Council No. 114/1988 Coll.
as amended], which was released on the basis and within the limits of
the law. Whereas, in relation to this provision has not been found to be
the reason for its cancellation, though not in relation to this provision,
protection of the article. 30 of the Charter, as has been mentioned, cannot be relied on, was
a proposal from a group of MPs in this section should be rejected.
The President of the Constitutional Court:
in the z.. Haboob in r.
Vice Chairman
