Czech Republic 1993 Constitution (reviewed 2013)

Chapter IV. Judicial Power

Article 81

The judicial power shall be exercised in the name of the Republic by independent courts.

Article 82

1. Judges shall be independent in the performance of their duties. Nobody may threaten their impartiality.
2. Judges may not be removed or transferred to another court against their will; exceptions resulting especially from disciplinary responsibility shall be laid down in a statute.
3. The office of judge is incompatible with that of the President of the Republic, a Member of Parliament, as well as with any other function in public administration; a statute shall specify which further activities are incompatible with the discharge of judicial duties.

A. The Constitutional Court

Article 83

The Constitutional Court is the judicial body responsible for the protection of constitutionality.

Article 84

1. The Constitutional Court shall be composed of fifteen Justices appointed for a period of ten years.
2. The Justices of the Constitutional Court shall be appointed by the President of the Republic with the consent of the Senate.
3. Any citizen who has a character beyond reproach, is eligible for election to the Senate, has a university legal education, and has been active in the legal profession a minimum of ten years, may be appointed a Justice of the Constitutional Court.

Article 85

1. Justice of the Constitutional Court assumes her duties upon taking the oath of office administered by the President of the Republic.
2. Justice of the Constitutional Court shall take the following oath of office: “I pledge upon my honor and conscience that I will protect the inviolability of natural human rights and of the rights of citizens, adhere to constitutional acts, and make decisions according to my best convictions, independently and impartially.”
3. Should a Justice refuse to take the oath of office or should he take it with reservations, he shall be deemed not to have been appointed.

Article 86

1. A Justice of the Constitutional Court may be criminally prosecuted only with the consent of the Senate. If the Senate withholds its consent, such criminal prosecution shall be suspended for the duration of the term of a Constitutional Court Justice.
2. A Justice of the Constitutional Court may be arrested only if he has been apprehended while committing a criminal act or immediately thereafter. The arresting authority must immediately inform the Chairperson of the Senate of the arrest; if, within twenty-four hours of the arrest, the Chairperson of the Senate does not give her consent to hand the detained Justice over to a court, the arresting authority is obliged to release him. At the very next meeting of the Senate, it shall make the definitive decision as to whether he may be criminally prosecuted.
3. A Justice of the Constitutional Court has the right to refuse to give evidence as to facts about which she learned in connection with the performance of her duties, and this privilege continues in effect even after she has ceased to be a Justice of the Constitutional Court.

Article 87

1. The Constitutional Court has jurisdiction:
   1. to annul statutes or individual provisions thereof if they are in conflicts with the constitutional order;
   2. to annul other legal enactments or individual provisions thereof if they are in conflict with the constitutional order, a statute;
   3. over constitutional complaints by the representative body of a self-governing region against an unlawful encroachment by the state;
   4. over constitutional complaints against final decisions or other encroachments by public authorities infringing constitutionally guaranteed fundamental rights and basic freedoms;
   5. over remedial actions from decisions concerning the certification of the election of a Deputy or Senator;
   6. to resolve doubts concerning a Deputy or Senator’s loss of eligibility to hold office or the incompatibility under Article 25 of some other position or activity with holding the office of Deputy or Senator;
   7. over a constitutional charge brought by the Senate against the President of the Republic pursuant to Article 65, paragraph 2;
   8. to decide on a petition by the President of the Republic seeking the revocation of a joint resolution of the Assembly of Deputies and the Senate pursuant to Article 66;
   9. to decide on the measures necessary to implement a decision of an international tribunal which is binding on the Czech Republic, in the event that it cannot be otherwise implemented;
   10. to determine whether a decision to dissolve a political party or other decisions relating to the activities of a political party is in conformity with constitutional acts or other laws;
   11. to decide jurisdictional disputes between state bodies and bodies of self-governing regions, unless that power is given by statute to another body.
2. Prior to the ratification of treaty under Article 10a or Article 49, the Constitutional Court shall further have jurisdiction to decide concerning the treaty’s conformity with the constitutional order. A treaty may not be ratified prior to the Constitutional Court giving judgment.
3. A statute may provide that, in place of the Constitutional Court, the Supreme Administrative Court shall have jurisdiction:
   1. to annul legal enactments other than statutes or individual provisions thereof if they are inconsistent with statute;
   2. to decide jurisdictional disputes between state bodies and bodies of self-governing regions, unless that power is given by statute to another body.

Article 88

1. A statute shall specify who shall be entitled to submit a petition instituting a proceeding before the Constitutional Court, and under what conditions, and shall lay down other rules for proceedings before the Constitutional Court.
2. In making their decisions, the Justices of the Constitutional Court are bound only by the constitutional order and the statute under paragraph 1.

Article 89

1. Decisions of the Constitutional Court are enforceable as soon as they are announced in the manner provided for by statute, unless the Constitutional Court decides otherwise concerning enforcement.
2. Enforceable decisions of the Constitutional Court are binding on all authorities and persons.
3. Decisions of the Constitutional Court which declare, pursuant to Article 87 paragraph 2, that a treaty is not in conformity with the constitutional order, are an obstacle to the ratification of the treaty until such time as they are brought into conformity with each other.

B. Courts

Article 90

Courts are called upon above all to provide protection of rights in the legally prescribed manner. Only a court may decide upon guilt and determine the punishment for criminal offense.

Article 91

1. The court system comprises the Supreme Court, the Supreme Administrative Court, superior, regional, and district courts. They may be given a different denomination by statute.
2. The jurisdiction and organization of the courts shall be provided for by statute.

Article 92

The Supreme Court is the highest judicial body in matters that fall within the jurisdiction of courts, with the exception of matters that come under the jurisdiction of the Constitutional Court or the Supreme Administrative Court.

Article 93

1. Judges are appointed to their office for an unlimited term by the President of the Republic. They assume their duties upon taking the oath of office.
2. Any citizen who has a character beyond reproach and a university legal education may be appointed a judge. Further qualifications and procedures shall be provided for by statute.

Article 94

1. A statute shall specify which cases shall be heard by a panel of judges, as well as the composition thereof. All other cases shall be heard by individual judges.
2. A statute may specify in which matters and in what manner other citizens shall participate alongside judges in court’s decision-making.

Article 95

1. In making their decisions, judges are bound by statutes and treaties which form a part of the legal order; they are authorized to judge whether enactments other than statutes are in conformity with statutes or with such treaties.
2. Should a court come to the conclusion that a statute which should be applied in the resolution of matter is in conflict with the constitutional order, it shall submit the matter to the Constitutional Court.

Article 96

1. All parties to a proceeding have equal rights before the court.
2. Proceedings before courts shall be oral and public; exceptions to this principle shall be provided for by statute. Judgments shall always be pronounced publicly.