Constitutional Law of the Czech National Council No. 4 / 1993 Coll.

Constitutional Law of the Czech National Council on measures related to the demise of the Czech and Slovak Federal Republic

Valid Effective from 31.12.1992
4
CONSTRUCTION LAW
Czech National Council
of 15 December 1992
on measures related to the disappearance of the Czech and Slovak Federal Republic
The Czech National Council decided on the following constitutional law:
Čl. 1
(1) Constitutional laws, laws and other legislation of the Czech and Slovak Federal Republic in force on the date of the disappearance of the Czech and Slovak Federal Republic in the Czech Republic remain in force. However, the provisions conditional only on the existence of the Czech and Slovak Federal Republic and on its competence cannot be applied.
(2) If constitutional laws, laws and other laws adopted before the disappearance of the Czech and Slovak Federal Republic combine rights and obligations with the territory of the Czech and Slovak Federal Republic and the citizenship of the Czech and Slovak Federal Republic, this shall mean the territory of the Czech Republic and the citizenship of the Czech Republic, unless otherwise provided by the law.
Čl. 2
In the event of a conflict between the legislation of the Czech Republic issued before the disappearance of the Czech and Slovak Federal Republic and those referred to in Article 1 (1) of the same legal force, the law of the Czech Republic shall be followed.
Čl. 3
(1) The competence of the Federal Assembly of the Czech and Slovak Federal Republic and its Bureau shall be assumed by the Czech National Council and its Bureau in accordance with the regulations referred to in Article 1 (1) of the demise of the Czech and Slovak Federal Republic.
(2) The competence of the Government of the Czech and Slovak Federal Republic under the regulations referred to in Article 1 (1) is assumed by the Government of the Czech and Slovak Federal Republic.
(3) The competence of the central government bodies of the Czech and Slovak Federal Republic is assumed by the central government bodies of the Czech and Slovak Federal Republic, which, according to the rules on the competence of the central administration of the Czech Republic, are established or are closest to that according to the nature of the case. In doubt, the Government of the Czech Republic will decide by regulation.
(4) Instead of the other bodies of the Government Administration of the Czech and Slovak Federal Republic with the demise of the Czech and Slovak Federal Republic, the authorities of the State Administration of the Czech Republic, which take over the corresponding powers under the regulations referred to in Article 1 (1), shall not, unless otherwise provided for by the law, establish them.
(5) The jurisdiction of the Supreme Court of the Czech and Slovak Federal Republic and the General Prosecutor of the Czech and Slovak Federal Republic, including the Main Military Prosecutor under the regulations referred to in Article 1 (1), by the demise of the Czech and Slovak Federal Republic, is assumed by the Supreme Court of the Czech Republic and the General Prosecutor of the Czech Republic. Place of military circumferential courts of the Czech and Slovak Federal Republic and military circumferential prosecutors of the Czech and Slovak Federal Republic as well as of higher military courts of the Czech and Slovak Federal Republic and higher military prosecutors of the Czech and Slovak Federal Republic with the disappearance of the Czech and Slovak Federal Republic in the same places and for the same circuits they establish military circumferential courts of the Czech Republic and military circumferential prosecutors of the Czech Republic, higher military courts of the Czech Republic and higher military prosecutors of the Czech Republic, which take over the corresponding jurisdiction according to the regulations referred to in Article 1 (1).
(6) The authorities of the Czech Republic established under paragraph 4 and paragraph 5 of the second sentence may be abolished by law and their powers may be amended by law.
Čl. 4
Property and other rights and obligations of the Czech and Slovak Federal Republic are transferred by its demise to the Czech Republic to the extent provided for by the constitutional law of the Federal Assembly or by a treaty between the Czech Republic and the Slovak Republic. The rules on the management of the property of the Czech Republic and on the provisional management of national assets apply to the rights and obligations thus transferred. The Ministry of Finance is the central authority responsible.
Čl. 5
(1) The Czech Republic recognises all states and governments that were recognised by the Czech and Slovak Federal Republics at the date of its demise.
(2) The Czech Republic shall assume rights and obligations other than those referred to in Article 4, which for the Czech and Slovak Federal Republic at the date of its demise resulted from international law, with the exception of the obligations of the Czech and Slovak Federal Republic associated with the territory to which the sovereignty of the Czech and Slovak Federal Republics applied but not covered by the sovereignty of the Czech Republic. This is without prejudice to the claims of the Czech Republic towards the Slovak Republic resulting from the fulfilment of the international legal obligations of the Czech and Slovak Federal Republic, which the Czech Republic has assumed under this provision.
Čl. 6
This constitutional law shall take effect on 31 December 1992.
Uhde v. r.
Klaus v. r.

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Regulation Information

CitationConstitutional Law of the Czech National Council No. 4 / 1993 Coll., on measures related to the disappearance of the Czech and Slovak Federal Republic
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation31.12.1992
Effective from31.12.1992
Effective until-
Status Valid
The regulation text is for informational purposes only.
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