48/2002 Sb.



LAW



of 11 December 1997. January 2002,



amending Act No. 182/1993 Coll., on the Constitutional Court, as amended by

amended



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 182/1993 Coll., on the Constitutional Court, as amended by law no 331/1993

Coll., Act No. 237/1995 Coll., Act No. 77/1998 Coll., Act No. 18/2000

Coll. and Act No. 132/2000 is amended as follows:



1. in article 11, the following paragraph 3 is added:



"(3) the Constitutional Court shall decide on the proposals in the plenary session on the assessment of

compliance of an international treaty with constitutional order under art. 87 para. 2

Constitution. ".



2. in the second sentence of paragraph 13, the words "pursuant to article. 87 para. 1 (b). and), and (g)), or

h) of the Constitution "be replaced by" article. 87 para. 1 (b). a), g) and (h)), and

article. 87 para. 2 of the Constitution ".



3. In paragraph 39 of the second sentence, after the words "the provisions of" the words "§ 71 d

paragraph. 1. "



4. In § 43 para. 2 (a). (b)), after the words "pursuant to § 64 para. 1 to 4 "

the words "and section 71a para. 1. "



5. In section 44 para. 1, after the words "paragraph. 1 "the words" and 2 ".



6. In paragraph 57, at the end of paragraph 1, the period is replaced by a comma and the following

the letter d), which read as follows:



"(d)) on a proposal to assess compliance of an international treaty with the constitutional

policy referred to in article. 87 para. 2 of the Constitution. ".



7. In § 64 para. 2 letters f) and (g)):



"(f)), the Ombudsman,



g) Interior Minister, in the case of a proposal to repeal legislation of the region,

the city of Prague and the regulation of the District of the authority. ".



8. In § 64 para. 7, the second sentence shall be deleted.



9. In article 66, paragraph 2 reads as follows:



"(2) the proposal is also inadmissible if prior to delivery of the proposal

The Constitutional Court lifted a constitutional law or the law with which they are

under the proposal, the provisions in breach of, or has not yet been

promulgated in the collection of laws. ".



10. In section 67 para. 2, the words "or if it is no longer for the Czech

Republic of binding international treaty under art. 10 of the Constitution, "shall be deleted.



11. In article 68, paragraph 2 reads as follows:



"(2) when making a decision, the Constitutional Court shall examine the content of the law, or another

legislation from the point of view of their compliance with the constitutional laws, and

in the case of other legislation, whether or not the laws to determine whether they were

accepted and issued within the limits of the Constitution laid down the competence and constitutionally

in the prescribed manner. ".



12. in section 70 paragraph 1 reads:



"(1) If, after completion of the proceedings, the Constitutional Court concluded that the law, or

its individual provisions are in conflict with the constitutional law or that

another law or its individual provisions are in contradiction with the

constitutional law, or the law, finding decides that such a law, or

other legislation or their individual provisions are repealed on the date

that in the award shall determine. ".



13. in the second part of the second title for the first section the following section

the second, which including the title reads as follows:



"Section two



Control of compliance of international agreements referred to in article. 10A and article. 49 of the Constitution with the

constitutional law



section 71a



Submission of the proposal



(1) the application for assessment of compliance of an international treaty with constitutional law

According to the article. 87 para. 2 of the Constitution, may submit a



and the House of the Parliament) from the time when it was an international agreement

presented for assent to the ratification, to the time when the

assent that it opposes



(b)) the Group of at least 41 members or a group of at least 17 senators from

When the Parliament was to ratify the international treaty ratified

consent, to the time when President of the Republic ratified,



(c) the President of the Republic) from the time when it was an international agreement

submitted for ratification.



(2) the proposal of the Group of members or groups of Senators referred to in paragraph 1 (b).

(b)) must be signed by a set number of deputies or senators.



(3) If an international agreement was not negotiated in an authentic Czech

the text of the proposal must be accompanied by an international agreement in at least one

authentic texts and in Czech translation. ".



§ 71b



Inadmissibility of the proposal



(1) the application is inadmissible if it was not submitted in accordance with section 71a

paragraph. 1 and 2.



(2) the proposal is also inadmissible if constitutional law to which it is referred to in

the design of an international agreement in the conflict, before delivery of the proposal

The Constitutional Court of the validity of.



section 71 c



Parties to the proceedings



The party is next to the plaintiff always also the Parliament, the President of the

the Republic and the Government.



section 71 d



How to control



(1) if the party to the proceedings so requests, the Constitutional Court shall discuss proposal

out of order, in which it has received, and without undue delay.



(2) if the proposal Was rejected, and there will be-if, in the course of the proceedings the reasons for

termination of the proceeding, the Constitutional Court is obliged to discuss the proposal and decide

about him even without the other proposals.



(3) when making a decision, the Constitutional Court shall examine the content of the international treaties of

in terms of its compliance with the constitutional order.



section 71e



Find and its legal consequences



(1) If, after completion of the proceedings, the Constitutional Court concluded that the international

the Treaty is in conflict with the constitutional order, said this discrepancy

finding; in the report, indicating that the provisions of the constitutional order is

in violation of the international treaty.



(2) If, after completion of the proceedings, the Constitutional Court concluded that the international

the Treaty does not conflict with the constitutional order, the decision finding that the

the ratification of international treaties is not in conflict with the constitutional order.



(3) the finding of the Constitutional Court referred to in paragraph 1 are preventing the ratification of international

the Treaty until such time as the inconsistency will be removed. ".



The existing sections of the second to eighth are known as sections of the third to ninth.



14. in § 72 para. 1 (b). and the words "or) international agreement referred to in

article. 10 of the Constitution "be deleted.



15. In paragraph 74, the words "or international agreement under article. 10 of the Constitution "

shall be deleted.



16. in section 78 para. 2, the words "or international agreement under article. 10

The Constitution "be deleted.



17. § 82 para. 2 letter a) is added:



"and in the case of) a constitutional complaint pursuant to article. 87 para. 1 (b). (d)) of the Constitution,

that constitutionally guaranteed right or freedom and which provision of the constitutional

the law has been broken and that the intervention of a public authority to this

violation has occurred, ".



18. In paragraph 117, the words "ratified and proclaimed international agreements

on human rights and fundamental freedoms, which the Czech Republic

bound "is replaced by" renowned international treaties, to which the

Parliament ratified the agreement of Czech Republic is bound and which ".



Article II



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 182/1993 Coll., on the Constitutional Court, as is apparent from later

laws.



Article. (III)



This Act shall take effect on 1 January 2000. June 2002.



Klaus r.



Havel, v. r.



Zeman in r.