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Yearbook of the Constitutional Court of the Czech Republic 2014 Yearbook of the Constitutional Court of the Czech Republic Texts: © Constitutional Court of the Czech republic Photos: © Jan Symon © Aleš Ležatka © Constitutional Court of the Czech republic © Federal Constitutional Court of Germany © Constitutional Court of Slovenia © Constitutional Court of Austria © Constitutional Court of Korea ISBN 978-80-87687-06-2 CONTENTS DECISION MAKING OF THE ABOUT THE ON THE SEAT OF THE CONSTITUTIONAL COURT OF STATISTICAL PHOTO INTRODUCTION CONSTITUTIONAL COURT CONSTITUTIONAL COURT THE CZECH REPUBLIC DATA GALLERY APPENDICES Introduction by History of Constitutional On the Seat of the Fundamental Constitutional Decisions of the Photo Gallery 65 Papers Delivered 7 9 29 33 the vice-president Judiciary Constitutional Court Principles Constitutional Court 57 by Aharon Barak and in 2014 Eliška Wagnerová at 73 Structure of the Court Right to Territorial Constitutional Court’s 12 38 and Justices Self-government Average duration of Colloquim proceedings in matters 60 Fundamental Rights completed in 2006–2013 Powers and Competences 26 39 and Freedoms Average duration of Political Rights 42 proceedings in matters 60 completed in 2014 Economic and Social Rights 43 Public oral hearings 61 Right to Judicial and Other 48 Protections Substantive structure of motions for instigation 61 Asylum, Extradition, of proceedings in 2014 54 Expulsion Statistical data based on motions for instigation 62 of proceedings and other filings Developments in number 63 of filings in 1993–2014 Dear readers, for the first time, you are holding the English version of the yearbook of the member of the family of European constitutional courts. Therefore, I would Constitutional Court of the Czech Republic which aims to introduce the like to assure all the readers of this yearbook that the Constitutional Court mission and activities of the Constitutional Court. Although the Constitutional remains open to anyone claiming their fundamental rights. We will be happy Court of the Czech Republic has ample contacts with its foreign partners, if our yearbook helps attain that objective. until now, it lacked a vehicle for a regular presentation of its activities and its groundbreaking decisions. We have bridged that gap now. We are proud that the Constitutional Court of the Czech Republic, in its Jaroslav Fenyk capacity as guarantor of constitutionality and protector of fundamental Vice-president of the Constitutional Court human rights in the Czech Republic, is at the same time a full-fledged in charge of foreign relations 7 INTRODUCTION About The Constitutional Court History of Constitutional Judiciary The Czechoslovak First Republic The Constitutional Court of the Czech The history of the constitutional judiciary in our territory began shortly after and Slovak Federal Republic (1991– the birth of the Czechoslovak Republic when, pursuant to the Constitutional Charter of 1920, a separate Constitutional Court was established in 1921. 1992) The seven-member body was formed in such a way that the President It was only after the collapse of the Communist regime that a genuinely of the Republic appointed three Justices, including the Chairman, and a operational Constitutional Court of the Czech and Slovak Federal Republic further four were delegated to their offices, two from the Supreme Court (ČSFR) was established pursuant to a federal constitutional act from and two from the Supreme Administrative Court. Justices had a ten-year February 1991. That federal court was a twelve-member body in which each term of office. The first group of Justices of the Constitutional Court of the of the Federation’s constituent republics was represented by six Justices, Czechoslovak Republic was appointed on 7 November 1921: Karel Baxa whose term of office was meant to be seven years. The Court’s seat was also became the President, and Antonín Bílý, Petrovič Mačik, Josef Bohuslav, in Brno. Ernest Valko was appointed the President of the Constitutional Court 9 Václav Vlasák, František Vážný and Bedřich Bobek the other Justices. of the ČSFR, and Vlastimil Ševčík became its Vice-president. The members of After the term of office of the Court‘s first composition had expired, a new Panel I were Justices Marián Posluch, Jiří Malenovský, Ivan Trimaj, Antonín contingent of Justices was only appointed in 1938; naturally, it did not hold Procházka, with Ján Vošček as a substitute member. Panel II comprised court during the war period, and its work was not resumed at the end of Justices Pavel Mates, Peter Kresák, Viera Strážnická, Vojen Güttler, and the war. The work of the First Republic’s Constitutional Court is viewed as a Zdeněk Kessler as a substitute member. Despite its short existence, the subject of little interest and not of great significance. Federal Constitutional Court adjudicated more than one thousand matters, and the Constitutional Court of the Czech Republic has, in its work, followed The Constitutional Judiciary during the the federal court‘s legal views in a number of its decisions. Communist Regime (1948–1989) The First Period of the Constitutional The constitutions of 1948 and 1960, which reflected the legal situation of the totalitarian state of that time, no longer called for a constitutional court. Court of the Czech Republic (1993– ABOUT THE An odd situation came about after the state was federalized in 1968, as the Act on the Czechoslovak Federation not only envisaged the creation of a 2003) CONSTITUTIONAL constitutional court for the federation, but also of a constitutional court for Following the dissolution of the Czechoslovak federation, the existence each national republic. None of those courts was ever established, however, of a constitutional court was also provided for in the Constitution of the COURT even though the unimplemented constitutional directive stayed in effect for independent Czech Republic, of 16 December 1992. The first Constitutional more than two decades. About The Constitutional Court Court of the Czech Republic began working on 15 July 1993. On that day, president of the Constitutional Court, and on 20 March of that year, Eliška and two months later (8 May 2004), Jiří Malenovský resigned as a Justice as Justices. The rotation continued by the appointment of further Justices Václav Havel, the then President of the Republic, appointed twelve of the Wagnerová was appointed. Vladimír Paul, who died on 3 April 2002, was to become a judge of the Court of Justice of the European Communities in of the Constitutional Court, namely, Radovan Suchánek (as of 26 November fifteen Justices of this Court for a ten-year term of office, consent to their replaced by František Duchoň (appointed on 6 July 2002), and the seat of Luxembourg. The Constitutional Court attained a full composition only in 2013), Jiří Zemánek (20 January 2014), and Jan Musil for the second term appointment having been given at that time by the Assembly of Deputies Vlastimil Ševčík, who died on 15 December 2002, was filled by Jiří Mucha December 2005, after Vlasta Formánková was appointed on 5 August 2005 of office (20 January 2014). In 2014, the terms of office of three Justices of of the Parliament due to the fact that the Senate did not yet exist. This (who was appointed on 28 January 2003). After Zdeněk Kessler‘s resignation and Vladimír Kůrka was appointed the fifteenth constitutional Justice (15 the Constitutional Court expired: Stanislav Balík (26 May 2014), Michaela occurred a mere month after the Assembly of Deputies had approved Act No. (on 12 February 2003, for health reasons) from the office of President of the December 2005). Židlická (16 June 2014), and Ivana Janů (16 September 2014). Vojtěch 182/1993 Sb., on the Constitutional Court, which, with reference to Article 88 Constitutional Court, the Court’s bench was filled out by the appointment on Šimíček (12 June 2014), Tomáš Lichovník (19 June 2014) and David Uhlíř Vladimír Kůrka’s appointment brought to an end a turbulent period of the Constitution, governed in particular the organization of this Court and 3 June 2003 of Miloslav Výborný. (10 December 2014) were gradually appointed to fill the vacancies. The associated with the periodical rotation of Constitutional Court justices. The proceedings before it, and designated the city of Brno as the Court’s seat. periodical rotation will be completed in 2015 when the mandates of Justices The bench did not remain full for very long, as on 15 July 2003, the terms Constitutional Court was fully staffed and worked under the presidency of Vlasta Formánková and Vladimír Kůrka expire. Thus, with the appointment of the first twelve Justices of the Constitutional of office of Justices Vojtěch Cepl, Vladimír Čermák, Vojen Güttler, Pavel Pavel Rychetský up to 20 March 2012 when the mandate of Vice-president Court, a new era for the constitutional judiciary commenced, moreover, in a Holländer, Vladimír Jurka, Vladimír Klokočka, Vladimír Paul, and Antonín of the Constitutional Court, Eliška Wagnerová, expired. Her departure marked newly formed state. It is therefore appropriate to recall the initial composition Procházka expired, as did that of the President of the Constitutional Court, the beginning of a new cycle of rotation of Constitutional Court justices which of the Constitutional Court of the Czech Republic. Miloš Holeček. A month later (6 August 2003) Vojen Güttler a Pavel culminated in particular in the second half of 2013: the terms of office Holländer were appointed for a further term of office, with Pavel Holländer of a further nine Constitutional Court
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