334/2016 Sb.
FIND
The Constitutional Court
On behalf of the Republic of
The Constitutional Court ruled under SP. zn. PL. ÚS 16/15 of 23 September. August 2016
the plenary consisting of the President of the Court, Pavel Rychetského and judges Louis
David, Jaroslav Fenyka, Josef Fiala (Judge-Rapporteur), Jan Filip,
Thomas, Too, Vladimir Sládečka, Radovan Suchánka, Catherine
Šimáčkové, Vojtěch Šimíčka, Milady Tomková, Uhlir and David George
Zemánek on the proposal in the Břeclav District Court for revocation of § 376 paragraph. 1
Act No. 292/2013 Coll., on special procedures, the Court, with the participation of
The Chamber of Deputies and the Senate of the Parliament of the Czech Republic,
as follows:
The provisions of § 376 paragraph. 1 of Act No. 292/2013 Coll., on special procedures
Court, where the proceedings to determine whether the marriage or not,
date of publication of this finding in the journal of laws repealed.
Justification
And.
Recap of the proposal
1. The rapporteur-in the Břeclav District Court (hereinafter referred to as the "District Court")-
with reference to the article. 95 para. 2 of the Constitution of the Czech Republic (hereinafter referred to as
"The Constitution") and § 64 para. 3 of Act No. 182/1993 Coll., on the Constitutional Court, in
as amended, (hereinafter referred to as the "law on the Constitutional Court") sought,
to the Constitutional Court issued a finding, which cancels the § 376 paragraph. 1 of law No.
292/2013 Coll., on special procedures, the Court, (hereinafter referred to as "from the row.
s.").
2. In the design of the District Court stated that "by order of 26 March. 11.2014 no j.
23 Nc 1593/2014-13 started proceedings to determine whether or not the marriage
closed between no and no. P. ", because of the existence of
the suspicion that a marriage did not arise, since in the context of sňatečným
the ceremony was not within the meaning of the provisions of § 677 para. 1 of law No 89/2012
Coll., civil code, (hereinafter referred to as "identity. Code ") fulfilled such
the elements on which the application is to marriage was formed,
to be unconditionally take; in the present case, may be a case where one
of the spouses was suffering from a mental disorder that prevented him from create
your own will, and the will to the marriage completely lacked. The filing of the
on 5 July 2004. 1.2015 announced a village that even Pears. No died. In a given situation would
According to the Court pursuant to the provisions of § 376 paragraph. 1 of row with stop control.
The appellant, however, stems from the very nature of this case, which
consists in determining whether the marriage or not, when conceptual character
the so-called. the apparent neexistenčního of the marriage or marriage (note correctly
should be "neexistentního") is the fact that marriage at all
does not arise; such a marriage does not give status and with it
legal consequences, you can't ever talk about marriage. The death of a participant
management, therefore, could not by law be the demise of the legal
relationship, if in this case it was only apparent, for marriage
This legal relationship nor does not arise. Appellant would stop proceedings
because of the loss of eligibility of one of the spouses to be party to the proceedings after
commencement of proceedings could lead to effective healing originally only
the alleged and apparent marriage.
3. The District Court further remind you that marriage is the key statkový
(note correctly has to be "tier") ratio, and any uncertainty is
side, therefore, may constitute a violation apparent marriage
public order and good morals, therefore there is a public interest in
to make it, whether the marriage is concluded or not, it was decided for sure.
Loss of eligibility to be party to the proceedings (death) of one of the spouses after
begin the process of determining whether or not the marriage, which was initiated
ex officio, should therefore not be an impediment to the proceedings. To do this, the Court said
the eventual consequences in the plane of property with an impact on management of succession
in accordance with the inheritance of classes and he quoted article. 11 (1) 1 of the Charter
fundamental rights and freedoms.
4. In conclusion, the appellant expressed the idea that "If the legislature failed to
to allow the Tribunal to continue the proceedings as to whether or not the marriage,
that was initiated ex officio, this is in conflict with the constitutional
policy and the public interest, since stopping this proceeding by reason of the
the loss of eligibility of the participant would be healed of the matrimonial State
When the Court in the proceedings only declares that marriage did not arise ".
(B).
The diction of the contested provisions and his systematic classification
5. The provisions of § 376 paragraph. 1 of row, whose annulment the applicant
asks: "If a participant loses after the initiation of proceedings competence to be
a participant in the proceedings, the Court stops. "
6. This provision is included in part II of the Act with the indication
"Special section" of the head of the fifth "family proceedings" piece
the first "proceedings" section of the first "matrimonial proceedings and
partner "in the second subsection" Management in tier matters
matrimonial ", IE. in the file, the provisions of § 371 to 398. The law on the Special
proceedings of the judicial proceedings in a three tier regulates matters of marriage,
and this:
-to determine whether the marriage or not (apparent marriage),
-about marriage,
-about the divorce.
The subsection is further structured through Group
headings, on general provisions (§ 371-372), the procedure for determining whether the
marriage or not, and the nullity of marriage (§ 373-382) and the procedure for
divorce (section 383-398).
7. The systematic inclusion of the contested provisions shows that
directly applicable in two of the three tier matrimonial matters, i.e.. in
the procedure for determining whether the marriage or not (apparent), and
in proceedings for nullity of marriage (note in the third case, i.e. in proceedings relating to
divorce is the same consequence of loss of eligibility to participate in the
After the proceedings were governed separately in section 386 of the row).
(C).
Observations of the parties
8. The Chamber of deputies of the Parliament of the Czech Republic in its observations
first briefly described the content of the proposal and then devoted description
the legislative process with the conclusion that the law has been approved by the necessary
a majority of members of the Chamber of Deputies, has been signed by the competent
constitutional factors (except for the signature of the President of the Chamber of Deputies
due to the dissolution of the Chamber of Commerce) and has been properly declared. Noted that the
the contested provision was approved as proposed by the Government (only the
renumbering has occurred as a result of the introduction of new sections) and explanatory memorandum
the report stated that the Bill is in full compliance with the Constitution, the constitutional
policy in the United States and with the international conventions referred to in article. 10
Of the Constitution. Having regard to this State have expressed the opinion that the legislative
the Corps acted in the belief that the adopted law phenomenon according to the Constitution and
our legal order, and that is the Constitutional Court, in the context of
the design of the District Court considered the constitutionality of the contested provisions and
It has issued the decision.
9. the Senate of the Parliament of the Czech Republic first summarize the content of the proposal
and its justification. Then comment on him due to the latter part of the
the legislative process and noted that, within the limits of the Constitution followed
set out competences and constitutionally prescribed way. In the next section
added that in general the explanatory memorandum States that the proposed legislation
based on the existing legislation, and drew attention to the doktrinární view
According to which in the present legal status of the court proceedings about the lack of
marriage at the same time, always stops recommending adoption of the future
a solution would be possible to complete such a procedure even after the death of one of the
the spouses. To do this, he added that the Senate cannot overlook that, while the possibility of
of the marriage, in some cases, to be invalid,
Although the death of her husband disappeared, has a foothold in substantive law (§ 684 (2)
of his/her identity. Code), for neexistentního marriage legislature this option
He has refused to. Then the Senate recalled that loss of eligibility
the participant resulting in termination of the proceeding by analogy in the legislature had established the
the case of divorce. The decision of the District Court
left to the Constitutional Court.
10. the Government and the Ombudsman notified the Constitutional Court that the
do not avail themselves of their right to enter into the control.
(D).
The findings of the District Court from the case
11. From the file District Court SP. zn. 23 Nc 1593/2014 the Constitutional Court
He found that in his address (for the attention of JUDr. Joseph Man, Chairman of the
the Court) was on 21. 11.2014 sent proceedings drawn up
samosoudkyní of the same Court (Mgr. Daniela Sausage), whose annex was
judgment in case of incapacitation and restrictions. No Judge has stated that, according to
expert opinion in psychiatry appointed as a result of their
mental illness is not able to understand the implications of the conclusion of the
the marriage, however, just 5 days before the hearing in the matter of limitation
incapacitation (after the drafting of the report and views) concluded on 25 April. 10.
2014 marriage with no, born p. Judge considers that within the meaning of §
677. the code could be apparent marriage. The judgment of the district
of the Court of 6 April 2005. 11.2014 No. 12 Nc 118/2012-86, 12 P and Nc 287/2012
was I. No limited in incapacitation so that is not likely to make negotiations
in the operative part referred to, among other things, that is not likely to enter into marriage
(statement I), and a guardian has been appointed as the village of pears (statement II).
Because the Court held a preliminary enforcement of these two statements, both
the statements have become enforceable on the day 14. 11.2014. The legal power of the judgment
It is not based on its copy in the case file. On 26 April. 11.2014
the District Court issued a resolution No. 23 Nc 1593/2014-15, which launched
the procedure for determining whether or not the marriage, the resolution has
power on 19 December. 12.2014. Municipal Office in Tvrdonicích issued on 26 April. 1.2015
the death certificate the name and number with the probable date of death 1. 1.2015.
By order of 3 October 2000. 7.2015 No. 23 Nc 1593/2014-29 District Court
proceedings pursuant to § 109 paragraph. 1 (b). c) of Act No 99/1963 Coll., the civil
the rules of court, as amended, (hereinafter referred to as "o. s. l.")
broke and handed a proposal to the Constitutional Court.
(E).
Reviews of the legislative process
12. The Constitutional Court shall-in accordance with § 68 para. 2 of law No.
182/1993 Coll., on the Constitutional Court, as amended by Act No. 48/2002 Coll.-
to deal with the first question, whether the law, the unconstitutionality of the provisions of
is raised, has been accepted and published within the limits of the Constitution laid down the competence and
constitutionally prescribed way.
13. the applicant seeks the annulment of the provisions of § 376 paragraph. 1 of 5-s.
electronic library of the Parliament of the Czech Republic, the Constitutional Court found
the Bill was submitted to the House of Commons as the Government's suggestion of the day
5.3. 2013 and circulated to members as printing 931/0. The proposal was adopted on
57. a meeting of the Chamber of Deputies on 8. 8. resolution No. 1747, when out of
129 deputies present, 65 of them were for, 20 against, 44 abstentions.
The Chamber of Deputies referred the Bill to the Senate as the printing of 174/0,
that proposal has been examined on 12 June 2006. 9. approved the proposal, and 2013 when out of
present there were 43 56 Senators for and 2 against. 17 May. 9.13, a
law delivered to President of the Republic to sign him on the same day
He signed. The law was under no 292/2013 Coll. published in amount 112/2013
Collection of laws, which was circulated on 27. 9. in 2013.
14. the Constitutional Court within the meaning of § 68 para. 2 Act No. 182/1993 Coll., on the
The Constitutional Court, as amended by Act No. 48/2002 Coll., held that law No.
292/2013 Coll., on special procedures, judicial, was accepted and published in
the limits of the Constitution laid down the legislative competence of the Parliament and constitutionally
in the prescribed manner.
(F).
The assessment of the admissibility of the
15. the Constitutional Court first dealt with the question of whether the District Court is
entitled to file an application for annulment of the contested provisions. Active
the evidence of the Court to submit a proposal for the repeal of the law, or
provisions, defined in article 1. 95 para. 2 of the Constitution, so that, if the Court finds
the conclusion that the law to be applied in solving the case, is inconsistent with the
the constitutional order, refer the matter to the Constitutional Court. In § 64 para. 3 of the law
on the Constitutional Court States that the proposal to repeal the law or its
the various provisions of the Court is also entitled to in connection with the
its decision-making activities referred to in article 14(2). 95 para. 2 of the Constitution.
16. in the present case, i.e.. in a proceeding to determine whether the marriage is or
It is not (see the findings of the Constitutional Court of the District Court from the case),
District Court proceedings commenced pursuant to § 13 para. 1 of 5-a, according to which
procedure shall be initiated without an application, if there is no law that can be used to control
initiated at the proposal; the court proceeding, without delay after becoming aware
of the facts relevant for the conduct of proceedings under this Act (with.
According to the row). Participants in such proceedings shall be in accordance with section 375 of the row.
with spouses. In the course of the proceedings the participant died I. No, there is a space
for the application of the provisions of § 376 of the row and the Court has an obligation to control
stop.
17. on the basis of these findings, the Constitutional Court concluded that the
the contested provision is a provision of the Act, which is supposed to be when the solution matters
used, IE. the District Court is actively open to filing for
its cancellation under article. 95 para. 2 of the Constitution in conjunction with § 64 para. 3
the law on the Constitutional Court.
18. In connection with the termination of the duties of judge of the Constitutional Court Vladimir
The crust was the subject matter (the judge-rapporteur and the date allocated
16.12. 2015 the unfinished), on the basis of the provisions of § 12 para. 17
(transitional provisions) schedule of work of the Constitutional Court in the consolidation of the
effective from 18. 12.2015 (no j. org. 66/15), assigned to new judges
the rapporteur, Josef Fiala; The Constitutional Court of the petitioner of this change
understand.
(G).
The assessment of the merits test design
19. From the design and content of the court case follows the subject
the proceedings conducted by the District Court: assessing whether were filled with legal
the conditions of marriage. Let it be pointed out in this connection that the
marriage is a legal relationship, which has the nature of the legal State, which
means that with its creation, duration and dissolution is associated, often
that, many other important legal relationships [such as common
property rights, including ownership of, and obligations of, the determination of
paternity, succession in case of death (inheriting or transition other
property rights), etc.]. The requirement to obtain legal certainty are, therefore,
the marriage committed legal assumptions, as well as instruments
enabling the "control" of their fulfillment.
20. The substantive regulation of tier issues (whether or not of the personal and
the property consequences of marriage) in respect of the creation of adapted
effect from 1. 1.2014, law No. 89/2012 Coll., the civil code. From
the relevant provisions in the first place suggests that the legal reason
marriage is marriage (para. 656), while for the "orderly" the formation of marriage is
need to populate your personal assumptions, the particulars of the Declaration and fiance sňatečného
procedural requirements. To their sets include natural
person to marry (since the conclusion of the marriage has significant legal
consequences-see also parsed the issue, paragraph 19), which has each
natural person, if it does not preclude estoppel under § up to 672
676 (cf. § 671 identity code). Between the relevant legal obstacles include
minority and since disenfranchisement:-(§ 675), limited legal capacity in this area
(section 673), the existence of another marriage, registered partnership or
other similar closed volume abroad (section 702), Middle
family relationship (§ 675), or other "dependent" relationship-guardianship,
foster and trusts (§ 676). To aspects of fiance sňatečného statement
include sufficient legal capacity of the couple, their personal statements, which
must be free and complete (section 656 (1) identity code), etc. Any
defects in the process of concluding the marriage may have different consequences; some
are not penalised at all, others can lead to the so-called. the invalidity of the
marriage, another cause of marriage at all. Of his/her identity.
Code provisions in § 677-686 regulates two consequences of the defects
When entering into marriage are hereditary, and the marriage of apparent (§
677-679) and nullity of marriage (section 680-686). For the marriage of apparent
(non matrimonium) is considered to be such, if at least one of the persons,
wished to marry, that were not in the expression of will by entering into
marriage sňatečném ceremony or in connection with the fulfilment of
such requirements, compliance with which is to marriage
There should be wholeheartedly take (i.e. it is a result of crucial
defects). Under section 678 of his/her identity. the civil code, the Court may determine that the marriage is not even
without a draft, its decision is declaratory in nature. The existence of a
some of the legal obstacles to creating the possibility of countries relate to the judgment
to declare a marriage (matrimonium nullum of, i.e.
the situation when the marriage concluded despite the legal obstacle is
to be valid until it is annulled-§ 681 of his/her identity. Code).
A proposal for marriage annulment may be lodged by any person
has a legal interest, unless the marriage was preventing the obstacle of limited
incapacitation (section 680 i. f.). Special case represents the adjustment
pertaining to § 684 of his/her identity. code that can be used to declare the marriage
invalid only on the proposal of the husband in case of defects to his will, including two
cases the relevant error.
21. Already in itself a substantive edit are included, for certain
situation speeches relatively intense public interest in the findings
failures in the process of developing the marriage (cf. point 19 i. f.). Are expressed
the possibilities of the ingerence of the Court without the procedural activities of the persons concerned. In
substantive in relation to citizenship. the civil code was adopted
procedural regulation and has been included in the Act on the special procedures
judicial.
22. There is no doubt that the civil court proceedings is determined by a number of
fundamental procedural principles and its launch and further course depends on the
conditions control.
23. One of the fundamental procedural principles-the principle of damages-
translates into postulátu that civil proceedings can be instituted only on a proposal from the
(§ 79 o. s. l.). Modification of policy speeches nevertheless policy disposition
(which is a leak of public interest) is raised by the special nature of the
some of the proceedings in which it is reflected in the public interest to adjust the ratios
participants (without regard to their individual interests), for example. by enshrining the
the option to initiate proceedings ex officio, ex officio, i.e.. even without the proposal.
The expression of this public interest is construction of § 13 para. 1 of 5-s.
expressing the rule, that the procedure under this Act is commenced without
the proposal is not provided for by law that can be initiated on the management proposal.
Similarly, the principle of officials in other stages of the procedure, for example.
modification of the effects of procedural acts by participants, the options decision ultra
petitum etc. (you can keep the other typical effects of public interest,
for example. the principle of the inquiry):
and § 15 of) row with.: If the applicant shall take proceedings back,
the Court may decide about the ineffectiveness of this withdrawal, are met.
conditions for opening, even without the proposal.
(b)) § 26 of the round.: the Court may deviate from the proposals of the participants and attributed to something
another, or more, than what they claim, if it was possible to control
initiate without an application.
c) section 28 para. 2. with: if it was possible to initiate without an application,
the Court of appeal is not bound by limits, in which the appellant seeks
review of the decision. (Note: in the proceedings for a declaration of marriage
invalid on the grounds provided for in § 684 of his/her identity. code, this provision
not applicable – see section 374 paragraph. 2. f. of the row s.)
(d)) § 29 of row with: when you enable the retrial or annulment of the contested
decision on the basis of an action for annulment, the Court is not bound by limits in
which the participant is seeking review of a decision, if possible
to initiate proceedings without an application.
section 30 paragraph 1 (e)). 2. with: Dovolací the Tribunal is not bound by the scope of the dovolacích
proposals in matters in which proceedings may be initiated without the proposal.
(f)) § 379 of the row with.: If the applicant fails to appear for the hearing without proper and
the timely apology, court proceedings (with. the procedure for determining whether the marriage is
or not, and the nullity of marriage) stops, unless there are reasons
to begin proceedings without design.
24. the conditions of the civil proceedings are a set of elements-elements, for
that can be used to initiate and lead civil proceedings; These include the existence of
of an eligible Party. Loss of eligibility to participate in the
in General, an obstacle to the progress of the procedure, and that creates a space for
the assessment of whether to continue proceedings (section 107 (1) of s. l.),
and the result of such an assessment depends on the nature of things. If
the nature of things does not allow continuation of the proceedings, the proceedings (section 107 stops
paragraph. 5. s. l.); If the nature of the case will allow the continuation of proceedings, then
in the proceedings on the party instead of hitherto its procedural
the successor (differentiated depending on whether the party was a natural
person-§ 107 para. 2. with a row or legal person-§ 107 para. 3.
r.). for natural persons is this loss of eligibility to participate in the
as a result of her death. While the structures embodied in the provisions of § 107
paragraph. 1. with the row takes into account "the nature of things (which allows you to
evaluate the substantive nature of the subject matter of the proceedings, i.e.. assess whether the rights
and obligations at stake in the proceedings it is, or it could go under
the substantive law of the legal successor), the provisions of § 376 paragraph. 1 of 5-s.
It is lex specialis and stores the court procedures for determining
the absence of nullity of marriage and always stop, unless it is
applied modification of this derogation (article 376, paragraph 2 and 3 of the row s.) with
proceedings for annulment brought by the proposal from her husband
under section 374 paragraph. 1 of 5-s (i.e., for the reason that the manifestation of will by entering into
a marriage was made under duress, which seek to use violence or
threats of violence or has been made as a result of confusion about the identity of the
fiancé fiance sňatečného or on the nature of the legal act, cf. also section 684
paragraph. 1. Code). The variance represents both the substantive provisions
§ 685. the code to declare the marriage concluded over admitting the
relevant legal obstacle (bigamy, family relationship) to be invalid, and it
even in the case that has already died (including the death of one of the
the spouses).
25. the applicant's argument justifying the annulment of the contested provisions
It is based on the premise that the termination of the proceeding because of the loss of eligibility
be a participant in the proceedings could lead to effective healing originally only
alleged or apparent marriage, which could give rise to consequences in the
the plane of the property with an impact on management of succession in accordance with the
inheritance (sc groups. on the acquisition of property by inheritance in legal
the sequence). The Constitutional Court notes that in this kind of control is bound to a
only Petite design, which allows him to evaluate the potential for more
constitutional aspects of the contested provisions.
26. After the analysis of the General background came the Constitutional Court partially
the conclusion that the existence of public interest, to adjust the ratios of participants
do not take effect only when you initiate appropriate proceedings, but also influence its
progress (see e.g. the impact of policy in determining the factual inquiry
State). In this situation, it is necessary to consider the extent to which you need to specify the
the legal position of the parties affected by embarking on the relevant
legal facts after the commencement of the relevant proceedings. One of these
legal facts is the loss of eligibility of any of the
subjects to be party to the proceedings, typically as a result of the death of a natural person.
Bezvýjimečná duty to the Court to stop the proceedings in this case could
lead to loss of opportunities to build for sure the legal status of the concerned
participants.
27. The Constitutional Court shall respect the need for legal certainty in assessing the
the emergence and the existence of a marriage in cases where proceedings may be
initiated ex officio, and considers that this need, it takes even if
If any of the participants lose eligibility after the proceedings be
party to the proceedings. The contested provision prevents the full realization of such
needs, the provisions in their implications for intervening in the implementation
the specific fundamental rights and freedoms guaranteed by the Charter. Legal
the nature of marriage and the wide range of legal relations associated with it
(paragraph 19) leads to what the Constitutional Court that the application of the provisions of § 376
paragraph. 1 of row is eligible to infringe a fundamental right of the persons concerned on the
protection from unauthorized intrusion into a private and family life
(article 10, paragraph 2, of the Charter, article 32), the basic right to own
the property and assets of the inherit (article 11, paragraph 1, of the Charter) and the fundamental right to
judicial protection (article 36, paragraph 1, of the Charter), and therefore, the contested provision
conflicting with the constitutional order (article 1, paragraph 1, of the Constitution).
28. the fundamental right to the protection of private and family life is closely
associated with the determination of the legal status of a natural person, either as persons
living in marriage or living outside of marriage. A number of legal institutions
calculated directly with the legal status of "spouse", and their application
outside of this legal relationship is out of the question. limited. For example. as to the
the common property of the spouses, the delimitation of the categories of persons nearby. the members of the
the family of the employee or of the persons authorized from sickness insurance,
the granting of consent to the provision of health services, the limitation period,
classification of the plant family, the determination of the radius of heirs, the common mode
tenancy and výměnku, common membership in a housing co-operative, the inability to
the emergence and the existence of basic employment relationship,
presumptions for determining paternity, etc. In the enumeration of legal demonstrativním
institutes are typically tier institutions that determine the primary
the legal position of persons (not only the actual marriage, but fatherhood
, etc.) and whose defects in specific legal relations may lead to
violations of the right to protection of privacy and the family guaranteed in article. 10, paragraph 1.
2, or article. 32 of the Charter, among them are funded institutes,
whose purpose is to ensure the protection of the fundamental rights guaranteed in article.
11 (1) 1 of the Charter (the undivided co-ownership within the common
equity, inclusion of people into the inheritance of classes, as well as the eligibility of acquisition
in case of death, etc.). Legal impossibility for sure and definitively determine the
the status of natural persons, and to follow up its (non) application in the
the relevant legal relations directly extends into both fundamental rights and
both of the spouses, i.e. non-existent marriage, uzavřevších
third parties (e.g., relatives). Need to specify this rule
the position after the death of a natural person.
29. the determination of the legal status of deceased individuals in the substantive
relationships that are the result of the realization of the above mentioned institutes, it is
dependent on a sufficient "space" in order to ensure equitable protection
subjective rights and legitimate interests of the parties (§ 1 of the row), and even
in the procedures laid down in row 2 of s. (section 1, paragraph 2, of the row). The lack of
procedural guarantees for the exercise of rights represents a direct violation of the
the fundamental right to judicial protection guaranteed in article. paragraph 36. 1
Of the Charter. The Constitutional Court found violations in the contested
the provisions of § 376 paragraph. 1 of row, which does not allow after the death of the physical
of the person to determine whether the marriage was entered into by that person or there is
(unlike some of the cases of "mere" nullity of marriage), which
is limited. completely out of the question fairly protect downstream
subjective right, even the subjective rights of third parties.
(H).
The wording of the operative part of the award derogačního
30. for these reasons, the Constitutional Court upheld the proposal and the provisions of § 376
paragraph. 1 of row with set aside, pursuant to section 70 para. 1 of law No.
182/1993 Coll., on the Constitutional Court, as amended by Act No. 48/2002 Coll.,
the scope specified in the operative part, the date of publication of this finding in the collection
laws. He did so after he came to the conclusion that, with respect to the mandatory
the nature of the contested provision cannot be deleted or its unconstitutionality
constitutionally Conformal interpretation, or interpretativním statement. Therefore, the use
the so-called. the range statement, which demarcates the extent cannot be contested
provisions invoked in proceedings relating to the so-called. the apparent
marriage. From the date of publication of this award can be repealed provisions
§ 376 paragraph. 1 of 5-s. in the operative part used in the range specified, without
It was necessary to cancel and save the entire obligation of lawmakers this question newly
Edit. The Constitutional Court is also aware that this approach,
respecting the requirement to minimise the intervention on the one hand, and
seamless instant constitutional provisions on the application of the contested
Second, it is not in terms of legislative techniques also without problems, even
When is a newly defined the content of this provision addressed, in particular, the Court of
power. Just adopted Act No. 222/2016 Coll. on the collection of laws and
international agreements and on the development of legislation announced in the
The collection of laws and international treaties (law on the collection of laws and
international treaties), in § 13 para. 1, while the newly created space for
legislatively-technical adjustment of the provisions in question, arising from the
This finding, however, the law will become effective on 1 January 2004. 1.2020. Therefore,
The Constitutional Court expects that the legislature within a space that was
This discovery created, will respond to the material assumptions
Standardisation (sub 19 to 29), which signals the status of the case
the present District Court, and in this respect, the contents of the following negative
rozsahovým statement of the cancelled provision explicitly specify and correlate with
by modifying the rules of the civil law contained in the material.
The President of the Constitutional Court:
JUDr. Rychetský in r.
Different opinion referred to in section 14 of Act No. 182/1993 Coll., on the Constitutional Court,
as amended, a decision of the plenary, the judges adopted a
Vladimir Sladecek, and Radovan Suchánek.
