Communication from the Constitutional Court No 242 / 2011 Coll.
Communication from the Constitutional Court on the adoption of the Decision of 9 August 2011 No Org.
Valid
Communication from the Constitutional Court
242
COMMUNICATION
The Constitutional Court
On 9 August 2011, the Plenum of the Constitutional Court adopted the following decision on the attraction of competence under Org. 40 / 11.
In accordance with Article 11 (2) (k) of Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, the Constitutional Court adopted a decision reserving its decision on certain matters as follows:
(1) The Plenum of the Constitutional Court reserves:
(a) disputes concerning the scope of the competences of the national and regional authorities under Article 87 (1) (k) of the Constitution of the Czech Republic (hereinafter referred to as the Constitution);
(b) deciding on constitutional complaints against decisions of large chambers of the College of the Supreme Court;
(c) deciding on constitutional complaints against decisions of extended Chambers of the Supreme Administrative Court;
(d) ruling on constitutional complaints against decisions of the Special Chamber pursuant to Act No. 131 / 2002 Coll., on decisions of certain jurisdiction disputes,
(e) deciding on constitutional complaints against a decision or other intervention by a public authority if the President of the Republic, the Government, the Prime Minister, Parliament or one of its chambers, the President of the Chamber of Deputies or the President of the Senate of Parliament, or any other institution of Parliament, is a party to the proceedings or intervening in proceedings concerning this constitutional complaint;
(f) ruling on an appeal against a decision on the verification of the choice of a Member or Senator pursuant to Article 87 (1) (e) of the Constitution;
(g) deciding in doubt on the loss of selectivity and the incompatibility of the performance of the duties of a Member or Senator under Articles 25 and 87 (1) (f) of the Constitution;
(h) ruling on constitutional complaints against decisions of the Administrative Court on the nullity of elections or the nullity of votes or the nullity of the candidate's election (§ 90 of the Administrative Rules of Procedure);
(i) ruling on constitutional complaints against a decision of a court given in a case in which, at the request of the court, the Court of Justice of the European Union decided on a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union;
(j) decision-making and other matters, on application by any Judge of the Chamber responsible for hearing and deciding the case, justified by the exceptional seriousness of the case in question or by the need to bring the case before the Constitutional Court, with the agreement of all the Judges of the Chamber responsible for hearing and deciding the case, as well as the parties to the case in question.
(2) The Constitutional Court reserves the decision to reject the application
(a) in the procedures referred to in paragraph 1;
(b) in all other proceedings in which, pursuant to Article 11 of the Law on the Constitutional Court, the Plenum decides on the application; This is without prejudice to the decision of the Judge-Rapporteur or of the Chamber on the refusal of an application for annulment of a law or other legislation, or of their individual provisions, lodged together with a constitutional complaint pursuant to Article 74 of the Constitutional Court Act and not yet referred to plenary pursuant to Article 78 (1) of the Constitutional Court Act.
(3) Article 13, first sentence of the Law on the Constitutional Court, decides on the rejection of the application under paragraph 2.
(1) Article 1 (1) (j) and Article 1 (2) of this Decision also apply to pending proceedings.
(2) The Decision on the attractiveness of the Chambers by plenary No 49 / 10 of 30 November 2010, published in the Collection of Laws under No 342 / 2010 Coll., is hereby repealed.
(3) This decision by the Constitutional Court on attraction will be published in the Collection of Laws in the form of a communication.
(4) This Decision shall take effect on 1 September 2011.
President of the Constitutional Court:
JUDr. Rychetský v. r.
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Regulation Information
| Citation | Notice of the Constitutional Court No 242 / 2011 Coll., on the adoption of the Decision of 9 August 2011 No Org. 40 / 11 on the Attractions of Jurisdiction |
|---|---|
| Regulation Type | Communication from the Constitutional Court |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.08.2011 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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