Constitutional Law No 395 / 2001 Coll.
Constitutional law amending the constitutional law of the Czech National Council No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended
Valid
Constitutional Law
Effective from 01.06.2002
Text versions:
01.06.2002
09.11.2001
395
CONSTRUCTION LAW
of 18 October 2001
amending the Constitutional Law of the Czech National Council No. 1 / 1993 Coll., Constitution of the Czech Republic, as amended
Parliament has decided on the following constitutional law of the Czech Republic:
The Constitutional Act of the Czech National Council No. 1 / 1993 Coll., the Constitution of the Czech Republic, as amended by the Constitutional Act No. 347 / 1997 Coll. and the Constitutional Act No. 300 / 2000 Coll., is amended as follows:
1. In Article 1, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The Czech Republic complies with its obligations under international law."
2. Article 10 reads as follows:
The declared international treaties for which Parliament has given its assent to the ratification of which the Czech Republic is bound are part of the rule of law; where an international treaty provides for something other than the law, the international agreement shall apply. ';
3. the following Articles 10a and 10b are inserted after Article 10:
(1) Certain powers of the authorities of the Czech Republic may be delegated to an international organisation or institution by an international treaty.
(2) In order to ratify the international treaty referred to in paragraph 1, Parliament's consent must be required, unless a constitutional law provides that ratification requires the consent given in a referendum.
(1) The Government shall regularly and in advance inform Parliament of issues relating to commitments arising from the membership of the Czech Republic in an international organisation or institution referred to in Article 10a.
(2) The chambers of Parliament shall comment on the decisions to be taken by such an international organisation or institution in a manner which lays down their rules of procedure.
(3) The Act on the principles of conduct and contact between the two chambers, as well as externally, may entrust the exercise of the powers of the chambers under paragraph 2 to the common body of the chambers. "
4. Article 39 (4) reads as follows:
"(4) In order to adopt the constitutional law and consent to ratify the international treaty referred to in Article 10a (1), the consent of a majority of three fifths of all Members and a majority of three fifths of the senators present shall be required. ';
5.
The ratification of international treaties
(a) governing the rights and obligations of persons;
(b) Allied, peaceful and other political,
(c) which gives rise to the membership of the Czech Republic in an international organisation;
(d) of a general nature;
(e) other matters the law reserves;
the agreement of both chambers of Parliament is required. ';
6.
(1) The law should be declared applicable.
(2) The procedure for declaring a law and an international treaty shall be laid down by law. "
7. in Article 87 (1) (a) and (b):
"(a) the repeal of laws or their individual provisions if they are contrary to constitutional order,
(b) the repeal of other laws or provisions thereof, if they are contrary to constitutional order or law, ';
8. in Article 87, the following paragraph 2 is inserted after paragraph 1:
"(2) Furthermore, the Constitutional Court shall decide on the compliance of the international treaty under Articles 10a and 49 with the constitutional order before it is ratified. Until the decision of the Constitutional Court, the Treaty cannot be ratified. '
Paragraph 2 shall become paragraph 3.
9. Article 88 (2) reads as follows:
"(2) The judges of the Constitutional Court shall be bound in their decision only by the constitutional order and by the law referred to in paragraph 1."
10. in Article 89, the following paragraph 3 is added:
"(3) The decision of the Constitutional Court declaring, pursuant to Article 87 (2), the non-compliance of the international treaty with the constitutional order precludes ratification of the Treaty until the non-compliance has been removed."
11.
(1) The Judge shall be bound by law and by an international treaty, which shall form part of the legal order, when deciding; is entitled to assess the compliance of other legislation with the law or with such an international agreement.
(2) If the court concludes that the law to be applied in the resolution of the case is contrary to the constitutional order, it shall bring the matter before the Constitutional Court. '
Efficacy
This constitutional law shall enter into force on 1 June 2002.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Constitutional Act No. 395 / 2001 Coll., amending the Constitutional Law of the Czech National Council No. 1 / 1993 Coll., the Constitution of the Czech Republic, as amended |
|---|---|
| Regulation Type | Constitutional Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2001 |
|---|---|
| Effective from | 01.06.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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