Act No. 182 / 1993 Coll.
Law on the Constitutional Court
Valid
Effective from 01.07.1993
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 25a
§ 25b
§ 25c
§ 25d
§ 25e
§ 26
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
HLAVA DRUHÁ
Oddíl první
§ 64
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
Oddíl druhý
§ 71a
§ 71b
§ 71c
§ 71d
§ 71e
Oddíl třetí
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
Oddíl čtvrtý
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
Oddíl pátý
§ 92
§ 93
§ 94
§ 95
Oddíl šestý
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
§ 104
§ 105
§ 106
§ 107
§ 108
Oddíl sedmý
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
Oddíl osmý
§ 117
§ 118
§ 119
§ 119a
§ 119b
Oddíl devátý
§ 120
§ 121
§ 122
§ 123
§ 124
§ 125
Oddíl desátý
§ 125a
§ 125b
§ 125c
§ 125d
§ 125e
§ 125f
ČÁST TŘETÍ
§ 131
ČÁST ČTVRTÁ
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
§ 141
§ 142
§ 143
§ 144
ČÁST PÁTÁ
§ 145
§ 146
§ 147
§ 148
§ 149
§ 150
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182
THE LAW
of 16 June 1993
on the Constitutional Court
Parliament has decided on this law of the Czech Republic:
ORGANISATION OF THE Constitutional COURT
The Constitutional Court shall consist of the President, two Vice-Presidents and other Judges.
President and Vice-Presidents of the Constitutional Court
The President of the Republic shall appoint a President and two Vice-Presidents of the Constitutional Court from among the Judges of the Constitutional Court ("the Judge ').
(1) President of the Constitutional Court
(a) represents the Constitutional Court externally,
(b) exercise the administration of the Constitutional Court;
(c) convene plenary sessions at the Constitutional Court (hereinafter referred to as "plenary"), determine the agenda for its proceedings and manage the proceedings;
(d) appoint the Presidents of the Chambers of the Constitutional Court (Senate),
(e) carry out other tasks required by the law.
(2) The Vice-Presidents of the Constitutional Court shall be represented by the absent President of the Constitutional Court in the scope and order laid down in plenary.
(3) The President of the Constitutional Court may, with the agreement of the Plenary, entrust the Vice-Presidents with the permanent performance of certain of his tasks.
Judges
(1) The office of Judge shall be a public office.
(2) The performance of the duties of judge shall be incompatible with other paid duties or other gainful activities, with the exception of the administration of own property, scientific, educational, literary and artistic activities, provided that such activities do not prejudice the function of judge, its importance and dignity and does not jeopardise the confidence in the independence and impartiality of the decisions of the Constitutional Court.
(3) The duties of judge shall also be incompatible with membership in a political party or political movement.
The Judge shall remain silent on matters which he has become aware of in connection with the performance of the judicial function. This obligation shall continue after the passing of the judicial function.
(1) The President of the Republic shall ask the Senate for approval to appoint a judge.
(2) If the consent referred to in paragraph 1 is not given within 60 days of the request by the President of the Republic, only because the Senate has not voted on the matter within that time limit, the Senate has given its consent to the appointment of a Judge.
(1) The Judge may renounce his office by making a statement in person to the President of the Republic. If serious circumstances prevent him from doing so, he may do so by making a declaration drawn up in the form of a notarial record.
(2) The office of Judge shall cease on the day following that on which the Judge made the declaration referred to in paragraph 1 or on which the statement referred to in paragraph 1 was served on the President of the Republic.
(3) The office of Judge shall cease to be:
(a) the expiry of the period for which he was appointed by the Judge;
(b) the day on which the judge ceased to be electable to the Senate;
(c) the date of the legal authority of the judgment by which the judge was sentenced for an offence committed intentionally;
(d) by decree of the Constitutional Court on the termination of office pursuant to § 144.
(4) The President of the Constitutional Court shall immediately inform the President of the Republic if the seat of the Judge is vacant because his office has ceased to exist under paragraph 3.
Assistant Judges
(1) At least one Assistant Judge (hereinafter referred to as "Assistant") shall be appointed to each Judge for a period not exceeding the period for which the Judge whose Assistant is concerned has been appointed.
(2) The assistant shall be appointed and dismissed by the President of the Constitutional Court on a proposal from the Judge whose assistant is at issue.
(1) An assistant may be appointed as an upstanding person who has a university legal education.
(2) The assistant may resign; the employment of an assistant shall cease on the day following that on which the notice of resignation was delivered to the President of the Constitutional Court, unless the notice of resignation mentioned a later day.
(3) The assistant's employment is further terminated
(a) the termination of office of the Judge whose assistant he has been appointed;
(b) the date of the legal power of the judgment by which the assistant was sentenced for the offence;
(c) by appeal,
(d) the expiry of the period for which he was appointed if he was appointed for a specified period.
(4) Where an assistant has performed a post of at least three months, the assistant whose employment has ceased in accordance with paragraph 3 (a) shall be entitled to a severance allowance according to the number of years of service of the assistant, up to a maximum of three times the average monthly earnings.
(5) The assistant is obliged to remain silent about the things he has learned about in connection with the performance of his duties. This obligation shall continue after the termination of his duties. The President of the Constitutional Court may waive this obligation.
Status of judges and assistants in working relations
The provisions of the Labour Code shall apply to the employment relationship resulting from the function of judge and assistant, unless otherwise provided for in that law.
Plenum
(1) The Board shall be composed of all Judges. Unless otherwise provided for in this law, the Plenum may act and act if at least ten Judges are present.
(2) The Constitutional Court shall decide in plenary:
(a) the repeal of laws or their individual provisions pursuant to Article 87 (1) (a) of the Constitution of the Czech Republic (hereinafter referred to as the Constitution);
(b) the repeal of other legislation or individual provisions thereof pursuant to Article 87 (1) (b) of the Constitution;
(c) the Constitutional Action of the Senate against the President of the Republic referred to in Article 65 (2) of the Constitution pursuant to Article 87 (1) (g) of the Constitution;
(d) on the President's proposal to repeal the resolution of the Chamber of Deputies and the Senate referred to in Article 66 of the Constitution pursuant to Article 87 (1) (h) of the Constitution;
(e) whether the decision to dissolve a political party or any other decision relating to the activities of a political party is in conformity with the constitutional or other laws referred to in Article 87 (1) (j) of the Constitution;
(f) an appeal against the President's decision not to declare a referendum on the accession of the Czech Republic to the European Union pursuant to Article 87 (1) (l) of the Constitution,
(g) whether the procedure for the implementation of the referendum on the accession of the Czech Republic to the European Union is in accordance with the Constitutional Law on the referendum on the accession of the Czech Republic to the European Union and with the law issued for its implementation pursuant to Article 87 (1) (m) of the Constitution,
(h) in other matters referred to in Article 87 (1) of the Constitution, unless the Senate has decided, since none of the motions for resolutions have received a majority vote (Paragraph 21 (1));
(i) an opinion on the legal opinion of the Chamber, which deviates from the legal opinion of the Constitutional Court as expressed in the decision (§ 23);
(j) on the application for renewal and in the renewed procedure pursuant to Sections 119 to 119b;
(k) other matters referred to in Article 87 (1) of the Constitution, if they so reserve;
(l) the adjustment of its internal circumstances;
(m) the setting up of chambers and the rules on the division of the agenda between them.
(3) The Constitutional Court also decides in plenary on the proposals for assessing the conformity of the international treaty with the constitutional order provided for in Article 87 (2) of the Constitution.
(1) Each Judge shall be entitled to submit a motion for a decision before the beginning of the vote.
(2) Each Judge shall be obliged to vote in favour of one of the motions for decisions tabled before the vote begins.
(3) If none of the proposals for decisions are obtained by the necessary majority (Paragraph 13), the vote shall be repeated with the judges whose proposals have been put to the vote before the start of the vote to express whether they remain on their proposals; Judges may submit other applications for a decision.
(4) If, in accordance with the procedure laid down in paragraphs 1 to 3, a decision is not taken, two proposals shall be put to the vote, which received the most votes in the previous vote.
(5) The termination of the disciplinary procedure (§ 139 (1)), the opposition to the order in the disciplinary proceedings (§ 142 (1) and (3)) and the motion for a resolution that the judge's office will cease (§ 144 (1)) shall be put to the vote in secret.
The decision of the Plenary shall be taken if the majority of the Judges present have spoken for them. However, if the decisions referred to in Article 87 (1) (a), (g) and (h) and Article 87 (2) are taken, The Constitution or the decision taken on the basis of a legal opinion which deviates from the legal opinion of the Constitutional Court, as expressed in the decision, shall be adopted if at least nine Judges present have expressed their views.
The Judge who does not agree with the decision of the full court or the reasons for it shall have the right to have his or her different opinion given in the minutes of the hearing and to be attached to the decision stating its name.
Chambers
(1) In order to decide cases under Article 87 (1) of the Constitution which do not fall within the competence of the Plenary, and in order to decide cases under Article 43 (2), the Constitutional Court shall create four three-member chambers of judges.
(2) The President and Vice-Presidents of the Constitutional Court may not be permanent members of the Chamber.
The distribution of the agenda between the Chambers shall be determined by the President of the Constitutional Court for the calendar year by a schedule of work according to the rules laid down in plenary.
(1) The President of the Chamber shall be appointed by the President of the Constitutional Court for a period of one year. The Judge may not be appointed to this office in two years in succession.
(2) The President of the Chamber absent shall be represented by the oldest permanent member of the Chamber.
(1) The absence of a member of the Chamber shall be temporarily represented by a Judge designated for that Chamber by the schedule of work.
(2) The President or Vice-President of the Constitutional Court may also be a representative of the Chamber.
(1) The meetings of the Chamber shall be convened and managed by the President of the Chamber.
(2) The Senate is competent to act and to act if all its members are present; shall act by a majority vote. In the case provided for in Paragraph 43 (2), the consent of all members of the Chamber shall be required for the adoption of the Chamber's resolution.
(1) Each member of the Chamber shall be entitled to submit a motion for a decision before the vote begins.
(2) Each member of the Chamber shall be required to vote in favour of one of the draft decisions submitted before the vote begins.
(3) The vote shall be taken by giving oral notice to each member of the Chamber of which of the draft decisions submitted he or she agrees.
(1) If, in accordance with the procedure laid down in Article 20, no majority of the votes are received by any of the proposals for decisions on the substance of the case, the President of the Chamber shall refer the matter without undue delay to the plenary [Paragraph 11 (2) (h)].
(2) In other cases, the President shall have a vote in the Chamber.
A Member of the Chamber who does not agree with the decision of the Chamber on the matter or its grounds shall have the right to have his or her different opinion included in the minutes of the hearing and to be attached to the decision, stating its name.
If, in the context of its decision-making activities, the Chamber finds a legal opinion which deviates from the legal opinion of the Constitutional Court as set out in the decision-making, it shall refer the question to the plenary. The Chamber shall be bound by the opinion of the plenary in its further proceedings.
The President of the Constitutional Court may open an envelope containing a report on the deliberations and voting in the case referred to the full [Paragraph 11 (2) (h)] only with the agreement of the full.
Security of order
It shall be prohibited to collect (1) within a radius of 100 m from the buildings of the Constitutional Court or from the places where the Constitutional Court acts.
(1) The Constitutional Court makes use of the Law for the exercise of its powers
(a) reference data from the population base register;
(b) data from the population registration agendas information system;
(c) data from the agency information system of aliens,
(d) data from the civil card registration agency information system;
(e) data from the travel document registration agendas information system.
(2) The data used under paragraph 1 (a) are:
(a) surname, maiden name;
(b) the name and, where appropriate, the names,
(c) sex;
(d) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(e) the address of the place of stay;
(f) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date on which the data subject declared to be dead did not survive and the date on which the decision was acquired;
(g) citizenship and, where appropriate, multiple citizenship;
(h) the limitation of incapacity;
(i) family status or registered partnership;
(j) the numbers of electronically readable identification documents.
(3) The data used under paragraph 1 (b) are:
(a) the name (s), names (s), surnames (s) and, where applicable, their change, surnames (s),
(b) the date of birth;
(c) sex;
(d) place and district of birth; a citizen born abroad, the place and state where the citizen was born,
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the address of the place of permanent residence, including previous addresses of the place of permanent residence;
h) the beginning of the permanent residence or, where applicable, the date of cancellation of the permanent residence or the date of termination of the permanent residence in the Czech Republic;
(i) limitation of inefficiency;
(j) the birth number of the father, mother or other legal representative, as appropriate; where one of the parents or other legal representative does not have a birth number, his name and, where applicable, his name, surname and date of birth;
(k) family status, date of his change and place of marriage;
(l) the spouse's birth number; if the spouse is a foreigner who is not assigned a birth number, his name and, where applicable, his name, his surname and date of birth;
(m) the birth number of the child,
(n) adoption,
(o) the date indicated in the decision of the court on the declaration of the missing person as the date on which the publication of the missing person declaration took effect and the date on which the decision of the court on the missing person declaration was acquired;
(p) the date, place and district of death; if the death of a citizen is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred,
(q) the date indicated in the court's decision on the death declaration as the day of death or the day on which the citizen declared dead did not survive and the date on which the decision was acquired.
(4) The data used under paragraph 1 (c) shall be:
(a) the name and, where appropriate, the names, the surnames, their change, the surname of the family;
(b) the date of birth;
(c) sex;
(d) the place and state where the alien was born,
(e) birth number,
(f) citizenship;
(g) the type and address of the place of stay;
(h) the number and validity of the residence permit;
(i) the beginning of the stay or, where appropriate, the date of termination of the stay;
(j) the restriction of jurisdiction;
(k) administrative or judicial expulsion and the period during which entry into the Czech Republic is not allowed;
(l) the family status, the date and place of his change, the name or, where applicable, the names, the surname of the spouse, the birth number or the date of birth;
(m) the name and, where applicable, the name of the child, the birth number if the child is a stranger; where the birth number has not been assigned, the date of birth;
(n) the name and, where applicable, the name of the father, mother or other legal representative, their birth number, if any, if they are foreigners; where one of the parents or other legal representative does not have a birth number, his name and, where applicable, his name, surname and date of birth;
(o) the date indicated in the decision of the court on the declaration of the missing person as the date on which the publication of the missing person declaration took effect and the date on which the decision of the court on the missing person declaration was acquired;
(p) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the State in whose territory the death occurred or the date of death,
(q) the day on which the court's decision to declare himself dead was given as the day of death or the day on which the alien declared dead did not survive.
(5) The data used under paragraph 1 (d) are:
(a) name, surname, date of birth, address of permanent residence;
(b) the number or series of identity cards, where appropriate;
(c) the date of death; if the court's decision on the declaration of death is given, the date indicated in the decision as the day of death or the day on which the person declared dead did not survive;
(d) the expiry date of the identity card, the date of impairment of the invalid identity card and the date of retention or surrender;
(e) the number and, where applicable, the series and the date of effective expiry of the invalid identity card.
(6) The data used under paragraph 1 (e) are:
(a) name, surname, date of birth, address of permanent residence;
(b) passport number,
(c) the date of death; if the court's decision on the declaration of death is given, the date indicated in the decision as the day of death or the day which the citizen declared dead did not survive,
(d) the expiry date of the passport;
(e) the number, type, date of issue and expiry date of the lost, stolen or invalid passport and the date and place of notification of its loss or theft.
(7) Data which are kept as reference data in the population base register shall be used from the population registration agendas or from the alien agendas only if they are in the form preceding the current situation.
(8) Only such data as are necessary to fulfil the task may be used from the data used in a particular case.
Processing of personal data
(1) The Constitutional Court may process personal data where necessary for the performance of its tasks. Personal data may also be processed for a purpose other than that for which they were originally collected.
(2) The Constitutional Court may transmit or make available personal data to the authorities responsible for preventing, seeking and detecting crime and prosecuting criminal offences, the execution of criminal penalties and protective measures, the security of the Czech Republic, public order and internal security, including the search for persons and things.
The Data Protection Officer shall not engage in any activity in relation to the processing of personal data by the Constitutional Court relating to the decision-making activities of the Constitutional Court and other activities necessarily linked thereto.
(1) Compliance with the procedure of the Constitutional Court with the law on the protection of personal data in the processing of personal data, when processed in the context of the decision-making activities of the Constitutional Court and other activities necessarily linked thereto, shall be monitored by an employee designated by the President of the Constitutional Court; if it finds deficiencies, it shall inform the controller or processor thereof and indicate how to correct them.
(2) The staff member designated in accordance with paragraph 1 shall take initiatives concerning the processing of personal data and inform the person who made the complaint of the manner in which they are handled in such a way as to prevent the risk of:
(a) carrying out the task of preventing, detecting and detecting crime and prosecuting criminal offences, carrying out criminal penalties and protective measures, ensuring the security of the Czech Republic, public order and internal security, including the search for persons and things;
(b) infringement, disciplinary action or conduct with signs of infringement,
(c) the protection of classified information; or
(d) the legitimate interests of the third party.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 25a
§ 25b
§ 25c
§ 25d
§ 25e
§ 26
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
HLAVA DRUHÁ
Oddíl první
§ 64
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
Oddíl druhý
§ 71a
§ 71b
§ 71c
§ 71d
§ 71e
Oddíl třetí
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
Oddíl čtvrtý
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
Oddíl pátý
§ 92
§ 93
§ 94
§ 95
Oddíl šestý
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
§ 104
§ 105
§ 106
§ 107
§ 108
Oddíl sedmý
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
Oddíl osmý
§ 117
§ 118
§ 119
§ 119a
§ 119b
Oddíl devátý
§ 120
§ 121
§ 122
§ 123
§ 124
§ 125
Oddíl desátý
§ 125a
§ 125b
§ 125c
§ 125d
§ 125e
§ 125f
ČÁST TŘETÍ
§ 131
ČÁST ČTVRTÁ
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
§ 140
§ 141
§ 142
§ 143
§ 144
ČÁST PÁTÁ
§ 145
§ 146
§ 147
§ 148
§ 149
§ 150
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Regulation Information
| Citation | Act No. 182 / 1993 Coll., on the Constitutional Court |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1993 |
|---|---|
| Effective from | 01.07.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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