Act No. 77 / 1998 Coll.
Act amending and supplementing Act No 182 / 1993 Coll., on the Constitutional Court, as amended
Valid
Effective from 10.05.1998
77
THE LAW
of 24 March 1998
amending and supplementing Act No 182 / 1993 Coll., on the Constitutional Court, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 182 / 1993 Coll., on the Constitutional Court, as amended by Act No. 331 / 1993 Coll. and Act No. 236 / 1995 Coll., is amended as follows:
Article 9 (1) reads as follows:
"(1) An upstanding citizen who has a university law degree may be appointed assistant. '
2. Paragraph 15 (1) reads as follows:
"(1) In order to decide the cases referred to in Article 87 (1) of the Constitution which do not fall within the competence of the full court, and in order to decide pursuant to Article 43 (2), the Constitutional Court shall create four three-member chambers of judges. '
3. In Paragraph 19 (2), the following sentence is added at the end: "In the case referred to in paragraph 43 (2), the consent of all members of the Chamber shall be required for the adoption of the Chamber's resolution."
4. The heading above Paragraph 42 reads: "Acts of the Judge-Rapporteur and the Chamber outside oral proceedings'.
5. In Paragraph 42 (1), the following shall be inserted after the words "pursuant to Paragraph 43 ':" paragraphs 1 and 2'.
6. In Paragraph 42, the following paragraph 2 is inserted after paragraph 1:
"(2) If the Judge-Rapporteur finds that there are grounds for rejecting the application pursuant to Paragraph 43 (2), he shall prepare the case for consideration in the Chamber. If the order of the Chamber to reject the application for the reasons set out in Paragraph 43 (2) has not been adopted, the Judge-Rapporteur shall prepare the case in full or in the Chamber. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
7. Paragraph 43 (1) (c) shall be deleted.
Points (d) to (f) shall be renumbered (c) to (e).
8. In Paragraph 43, the following paragraph 2 is inserted after paragraph 1:
"(2) The Senate, outside oral proceedings without the parties being present, shall reject the proposal by way of order,
(a) if the application is manifestly unfounded; or
(b) if it finds grounds for refusal pursuant to paragraph 1 or point (a) for a proposal submitted under § 64 (1) to (4). ";
Paragraph 2 shall become paragraph 3.
9. Article 43 (3) reads as follows:
"(3) The order refusing the application referred to in paragraphs 1 and 2 shall be drawn up in writing, justified and shall contain an indication that the appeal is not admissible. ';
10. Article 44 (1) reads as follows:
"(1) If the application has not been rejected in the absence of an oral hearing without the parties present, oral proceedings shall be held in cases pending under Article 87 (1) of the Constitution. ';
11. Paragraph 65 is deleted.
12. In the second sentence of Paragraph 72 (2), the words "when legal power was acquired 'are replaced by the words" service'.
This Act shall take effect on the 30th day following that of its publication.
Zeman v. r.
Havel v. r.
Tošovský v. r.
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Regulation Information
| Citation | Act No. 77 / 1998 Coll., amending and supplementing Act No. 182 / 1993 Coll., on the Constitutional Court, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.04.1998 |
|---|---|
| Effective from | 10.05.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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