Constitutional Act No. 100 / 1960 Coll.

Constitution of the Czechoslovak Socialist Republic

Valid Effective from 11.07.1960
100
Constitutional Law of 11 July 1960
CONSTITUTION OF THE CZECH SOCIALISTIC REPUBLIC
The National Assembly of the Czechoslovak Republic decided on the following constitutional law:

Hlava první

JOINT ESTABLISHMENT
Čl. 1
The Czech and Slovak Federal Republic is a democratic rule of law consisting of the Czech Republic and the Slovak Republic.
Čl. 2
(1) All power in the Czechoslovak Socialist Republic belongs to the working people.
(2) State power is exercised by the people by the legislative bodies elected by them and by popular voting (referendum).
(3) The Legislative Choirs in the Czech and Slovak Federal Republic are: Federal Assembly, Czech National Council and Slovak National Council.
Čl. 3
(1) The right to vote in all legislative bodies is universal, equal and direct with a secret vote. Any citizen aged 18 can vote. Any citizen who has reached the age of 21 can be elected.
(2) Members of the legislature - Members - are obliged to exercise their mandate in person, in accordance with their conscience and best faith; are not bound by orders relating to the exercise of the mandate.
Čl. 10
Mineral wealth, basic energy sources, basic forest land fund, natural groundwater, water flows and natural medical resources are state-owned. Details shall be laid down in the Federal Assembly Act.
Čl. 11
The property right to land and the inheritance right to land remain intact.
Čl. 12
The exercise of the right of ownership or use shall not be detrimental to human health, the environment and the environment beyond what is strictly necessary.
Čl. 13
The State creates conditions and lays down rules for the development and protection of entrepreneurship and competition.
Čl. 14
Foreign legal persons and foreigners may acquire ownership and other property rights and do business in the territory of the Czechoslovak Federal Republic under the conditions laid down by law. The State guarantees them equal protection of their property and property rights as Czechoslovak citizens and Czechoslovak legal persons.
Čl. 15
(1) With its economic policy, the Czechoslovak Federative Republic seeks to reproduce national wealth, a socially just society and to create the necessary conditions for the free development of personality, the development of nations and nationalities.
(2) The State is committed to creating an ecological balance by protecting nature and caring for the creation and protection of a healthy environment as well as the use of natural resources.
Čl. 16
(1) All cultural policies in Czechoslovakia, the development of education, education and teaching are conducted in a spirit of scientific knowledge and in accordance with the principles of patriotism, humanity and democracy.
(2) The State, together with social organisations, supports creative activity in science and art, seeks an ever wider and deeper education of workers and their active participation in scientific and artistic creation, and ensures that the results of this activity serve all the people.
Čl. 17
(1) All citizens and all state and social organisations are governed in all their actions by the rule of law of the state and ensure full application of socialist legality in the life of society.
(2) Social organisations, carrying out their mission, lead citizens to uphold the laws, to respect labour discipline and the rules of socialist coexistence, and to seek to prevent and prevent violations.

Hlava sedmá

LOCAL AUTONOMOUS
Čl. 86
(1) The municipality is the basis of the local administration.
(2) The municipality is a community of citizens. He is a legal person; he has his own property with which he manages himself. The law specifies which taxes and charges are the income of the municipality.
(3) Local government matters are decided by citizens at municipal meetings or referendums or through the town council.
(4) The right to elect members of the council of the municipality is general, equal and direct; shall be held by secret ballot.
(5) The municipality issues generally binding regulations in local government matters. It may also issue decrees in matters of public administration, provided that it has been empowered by law to do so.
Čl. 87
(1) Municipality may form an association to safeguard matters of common interest.
(2) The boundaries of the municipality can be changed only with its consent. The terms and manner of creation, demise, division or merger of municipalities shall be laid down by the laws of the national councils.
(3) Furthermore, the laws of the national councils lay down in particular:
(a) the status, organisation and competence of the municipalities;
(b) the conditions for the exercise of the right to vote and the manner in which elections are to be held for the municipal councils and their term of office;
(c) means of protecting the right of municipalities to local authorities;
(d) which cases are regarded as local authorities;
(e) in which cases the municipalities are entrusted with the exercise of public administration.

Hlava osmá

Courts and Procuratura
Čl. 97
The courts and prosecutors protect the state, its constitutional establishment and the rights and legitimate interests of natural and legal persons.
Courts
Čl. 98
(1) The courts of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic perform independent courts.
(2) The courts of the Czech and Slovak Federal Republic are: Supreme Court of the Czech and Slovak Federal Republic, Senior Military Courts and Military Circular Courts; at the time of the state's armed emergency, higher court-martial and lower court-martial.
(3) The seat of the Supreme Court of the Czech and Slovak Federal Republic is laid down in the Federal Assembly Act.
(4) The courts of the Czech Republic and the Slovak Republic are: the Supreme Court of the Czech Republic, the Supreme Court of the Slovak Republic, the Regional Courts and the Regional Courts (hereinafter the "Courts of the Republic").
(5) The provisions concerning regional and regional courts shall also apply to courts having the same jurisdiction but otherwise designated.
Čl. 99
(1) The highest judicial authority in the Czech and Slovak Federal Republic is the Supreme Court of the Czech and Slovak Federal Republic, which follows the final decisions of the highest courts of the Republics and military courts and ensures the legality and consistency of decisions between Republics and military courts by:
(a) decide on proper appeals against decisions of military courts in cases provided for by law;
(b) decide on extraordinary appeals against decisions of the Supreme Courts of the Republics and of all military courts, decisions of the Chambers of the Military College of the Supreme Court of the Czech and Slovak Federal Republic, where that court has ruled on a proper appeal, and decisions of other law enforcement authorities in cases provided for by law;
(c) deliver opinions on unifying the interpretation of laws and other generally binding legislation with federal competence;
(d) decide in other statutory cases.
(2) Supreme Court of the Czech and Slovak Federal Republic
(a) review the legality of the decisions of the central government bodies of the Czech and Slovak Federal Republic, unless otherwise provided for by the law,
(b) disputes concerning jurisdiction between courts of one Republic and state notaries or authorities of the other Republic and disputes concerning jurisdiction between courts and federal authorities of the State; decide on jurisdiction between courts and between courts and state notaries and determine their jurisdiction in cases provided for by the law on proceedings before courts and state notaries;
(c) decide on the recognition and enforceability of decisions of the foreign courts in the territory of the Czech and Slovak Federal Republic, if required by law or international treaty.
(3) In the Czech Republic the Supreme Court of the Czech Republic is the Supreme Court of the Czech Republic, in the Slovak Republic the Supreme Court of the Slovak Republic is the Supreme Court of the Slovak Republic. The Supreme Court of the Republic shall take care of the unifying interpretation and the unifying application of laws and other generally binding laws of the Republic.
Čl. 100
(1) The Board or a single Judge shall act in proceedings before the courts. The laws governing the proceedings before the courts shall determine in which chambers and in which cases the sitting shall take part and in which cases a single Judge shall decide; Only a judge can decide.
(2) Judges and alternates are equal in their decisions.
(3) The Court of First Instance is normally the District Court.
Čl. 101
(1) Judge of the Supreme Court of the Czech and Slovak Federal Republic is appointed by the President of the Czech and Slovak Federal Republic on a proposal from the President of the Supreme Court of the Czech and Slovak Federal Republic in agreement with the Government of the Czech Republic and the Government of the Slovak Republic in the same number, as a general rule, of the citizens of the Czech Republic and of the Slovak Republic. Appointment by the judge of the Supreme Court of the Czech and Slovak Federal Republic takes effect by the approval of the two chambers of the Federal Assembly. The President of the Czech and Slovak Federal Republic shall appoint, on a proposal from the Government of the Czech and Slovak Federal Republic, the President and Vice-President of the Supreme Court of the Czech and Slovak Federal Republic from the Judges of that Court; if he has appointed a citizen of the Czech Republic as chairman, he shall appoint a citizen of the Slovak Republic or vice-president of the Slovak Republic.
(2) The judge of the military courts is appointed by the President of the Czech and Slovak Federal Republic on a proposal from the Minister of Defence of the Czech and Slovak Federal Republic.
(3) The President of the National Council responsible shall appoint a Judge of the Supreme Court of the Republic and of the other courts of the Republic on a proposal from the Government of the Republic concerned.
(4) Judges and adversaries may be dismissed for the sole reasons and manner laid down by law. In order to breach their duties, judges may be dismissed only on the basis of a final decision of the disciplinary court.
(5) The terms and conditions for the performance of the duties of judge and associate, including the wording of a promise which is a precondition for the performance of duties, shall be laid down and the election of the sitting military courts shall be governed by the Federal Assembly law. The Federal Assembly Act will also lay down the grounds for the appeal and the conditions for the other termination of the function of judge and the post of associate military courts. The election and appeal and the terms and conditions of any other termination of the office of sitting county and county courts shall be governed by the laws of the national councils.
Čl. 102
(1) Judges and alternates are independent in the performance of their duties and are bound by law only.
(2) If the court considers that another generally binding law is contrary to the law, it shall stay the proceedings and file a motion to initiate proceedings before the Constitutional Court. The Constitutional Court's finding is binding on it and on other general courts.
(3) Judges and alternates are obliged to interpret legislation according to their best knowledge and conscience, are obliged to act independently, impartially and fairly.
Proceedings
Čl. 104
(1) The prosecution shall, to the extent provided for by the law, supervise compliance with laws and other laws; in the case of infringements, they shall take the measures laid down by law.
(2) The Prosecutor of the Czech and Slovak Federal Republic operates in matters of defence and in other matters falling within the competence of the Czech and Slovak Federal Republic; in other cases, the Czech Republic and the Slovak Republic.
(3) The organisation of the Prosecutor's Office of the Czech and Slovak Federal Republic, its tasks, powers and legal conditions of prosecutors, investigators and legal candidates of the Prosecutor's Office are governed by the Federal Assembly Act.
(4) The organisation of the Prosecutor's Office of the Czech Republic and of the Prosecutor's Office of the Slovak Republic, their tasks, powers and legal conditions of prosecutors and investigators and legal candidates of the Prosecutor's Office are governed by the laws of the National Councils.
Čl. 105
The Attorney General of the Czech and Slovak Federal Republic is appointed and dismissed by the President of the Czech and Slovak Federal Republic. The Prosecutor General of the Czech and Slovak Federal Republic is responsible for the Federal Assembly, which may propose to the President of the Czech and Slovak Federal Republic to remove him from office.
Čl. 106a
Reports on the state of socialist legality
The Federal Assembly is discussing reports by the Attorney General of the Czechoslovak Socialist Republic on the state of socialist legality.

Hlava devátá

General and final provisions
Čl. 112
(1) The Constitution shall take effect on the date on which it was approved by the National Assembly.
(2) This day, the existing Constitution and the other constitutional laws that amended it will cease to apply.
Fierlinger v. r.
Broad v. r.

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Regulation Information

CitationConstitutional Act No. 100 / 1960 Coll., Constitution of the Czechoslovak Socialist Republic
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation11.07.1960
Effective from11.07.1960
Effective until-
Status Valid
The regulation text is for informational purposes only.
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