: An
Introduction to the Czech Legal System and Legal Resources Online
By Michal Bobek
Michal Bobek is a Ph.D. researcher at the European University Institute in
Published August 2006
Table of contents
1. Introduction
2. The Czech Political and Legal System in a Nutshell
2.2. The Executive
2.2.1. The President of the Republic
2.2.2. The Government
2.2.3. The Ministries
2.2.4. Other Central Authorities under
Governmental Control
2.2.5. Other Central Authorities
Independent of the Government
2.3. Self-Government
2.3.1. Territorial Self-Government
2.3.2. Professional Self-Government
2.4. The Judiciary
2.4.1. Courts of General Jurisdiction
2.4.2. Administrative Courts
2.4.3. The Constitutional Court
3.1. Sources of Law
3.2. Legislation
3.2.1. Types of Legislation
3.2.2. Legislative Process
3.2.3. Promulgation and Publication
of the Legislation
3.3. Case Law
3.4. Legal Doctrine
4. Legal Education and Legal Professions
4.1. Law Schools and Legal Education
4.2.1. Attorney
4.2.2. Public Prosecutor
4.2.3. Public Notary
4.2.4. Judge
4.2.5. Executor
5.1. Legislation Online
5.2. Law Reports and Case Law Online
5.3. Legal Databases
5.4. Major Law Journals and Reviews
5.5. Legal Publishers
5.6. Law Libraries
5.7. Bibliography
5.8. Dictionaries
The
The
Since
The
capital of the
National
currency is the Czech Crown (koruna). The
The
The
population of the
The Czech
legal system is a “continental” legal system, more specifically, due to common
historical roots, it can be said to belong to the “Germanic” legal culture. The
characteristics of the legal system are the following ones:
·
principle areas of law and procedure are codified (Civil and Criminal Codes, Codes of
Criminal, Civil and Administrative Procedure etc.);
·
the system of legal sources is
hierarchical, forming a pyramidal structure of legal force within the legal
system;
·
only written law (legislature) is, at least in theory, recognised as source of law.
The
Constitution of the Czech Republic (hereinafter CCR) (in English), adopted
by the Czech National Council on 16th December 1992 defines the
Czech Republic as a sovereign, unitary, and democratic state governed by the
rule of law, founded on respect for the rights and freedoms of man and of citizens
(Art. 1 (1) CCR).
An
important part of the Constitution and constitutional order generally is the Charter of Fundamental Rights and Basic Freedoms (Art. 3 and Art. 112 (1) CCR). Albeit being in a separate constitutional law,
it has the same force as the Constitution itself.
The
political system is a parliamentary democracy. The head of state is the
President of the Republic, elected in a joint session of both chambers of the
Parliament (Art. 54 and f. CCR). The functions of the head of state are mostly
representative; the genuine power is vested in the prime minister, who is in
turn politically responsible to the Parliament (lower chamber, i.e. the Chamber
of Deputies).
The central
state power is divided into the classical three powers, namely:
·
legislature = the Parliament of
the
·
the executive = the head of state
(the president of the Republic) and the government (as the highest body of the
executive power);
·
the judiciary = the courts of general jurisdiction (civil and criminal),
administrative courts and the
There are
other central bodies, which enjoy high degree of independence from the central
government and cannot be therefore associated with any of the three classical
powers: the Czech National Bank, the Supreme Auditing Office and the Ombudsman.
There are
also territorial self-governing units: municipalities and regions.
The
legislative power is vested in the Parliament (Art. 15(1) CCR). The Parliament
consists of two chambers: the Chamber of Deputies (Poslanecká sněmovna) and the Senate (Senát).
The Chamber of Deputies has 200 members who are elected every four
years. The renewal of the Chamber is always complete. The Chamber holds
standing sessions. It elects its Chairperson and the Vice-chairperson,
establishes committees and investigation commissions. The internal functioning
of the Chamber is regulated by the Standing Rules of the Chamber of Deputies
(law no. 90/1995 Coll., in English).
Members of
the Chamber of Deputies are elected by secret ballot on the basis of universal,
equal and direct right to vote, according to the principle of proportional
representation.
The upper
chamber, the Senate is a permanent body. It is composed of
81 senators, who are elected to a six-year term of office. Every second year
elections for one third of the senators are held. There is thus partial renewal
of the Senate every 2 years.
Senators
are also elected by secret ballot on the basis of universal, equal and direct
right to vote, however according to the principle of majority rule. The
election has normally two rounds: in the first round, a person is elected who
receives total majority of all votes given (i.e. more than 50% votes). If no
one is able to unite the total majority in the first round, a second round is
held; in the second round, simple majority of votes is sufficient (i.e. the
first pass the post system).
The Senate
has a stabilising role in the constitutional system; firstly, because of its
permanent session, it is empowered to adopt legislative measures even when the
Chamber of Deputies is dissolved (Art. 33 CCR). Secondly, because of its
continuity, it tends to be a more moderate body than the Chamber of Deputies. The
internal functioning of the Senate is regulated by the Standing Rules of the
Senate (law no. 107/1999 Coll., in English).
The
executive power is shared between the President of the Republic and the
Government.
The
President (president republiky)
is the head of state. He/she is elected at a joint meeting of both chambers of
the Parliament. The term of office is 5 years, with one re-election possible.
The powers
of the president are mostly of representative and ceremonial nature. There is a number of powers the president is entitled to realise
acting alone (i.e. without the consent of the prime minister or the responsible
minister). These are contained in Art. 62 CCR.
The
president’s powers contained in Art. 63 CCR
and those established by law do, however, require the countersignature of the
Prime Minister or of a member of the government designated by him. In the case
of the exercise of these powers, which are more numerous than those of the president
acting alone, the government is politically responsible for the decisions of the
President.
The first
president of the independent
The
government (vláda)
is the highest body of executive power. It consists of the Prime Minister,
deputy prime ministers and ministers.
The
government is politically responsible to the Chamber of Deputies. Following a
general election, the President of the Republic designates a potential Prime
Minister. Upon the proposal of the designated Prime Minister, the President of
the Republic appoints other members of the government and entrusts them with
the management of the respective portfolios. Within 30 days of the appointment,
the government as a college shall go in the Chamber of Deputies and ask it for
a vote of confidence (for the detailed procedure and its variations see Art. 68
CCR).
The
government decides as a college by an absolute majority of all its members.
Members of
the Government are generally at the same time heads of respective ministries.
There are not many members of the government without a ministerial
responsibility for a department (so-called “ministr bez portfeje”).
The
ministers are appointed by the President of the Republic upon the proposal of
the Prime Minister. The President of the Republic will also recall a minister
or a member of the cabinet if the Prime Minister so proposes.
The number
and portfolios of individual ministries are established by a statute (law no.
2/1969 Coll., on the Establishment of Ministries and Other Central Bodies of
State Administration, as numerously amended). The current number of ministries
is 15. These are:
There is a considerable number of other central agencies,
established by a statute, that perform vital administrative tasks. These
agencies are not managed by a member of the Government. Their head is, however,
appointed by the government. These agencies include:
There are
other central authorities, that are, to a high degree, independent of the
government. The bodies are entrusted with realising administrative task
sometimes running against the interests of the government of the day. Their
independence is guaranteed by the special way of appointing the head of the
body (typically for a fixed period of time) and financial independence.
The
Supreme Auditing Office performs audits on the management of state property and
the implementation of the state budget. The president and the vice-president of
the Supreme Auditing Office are appointed by the President of the Republic on
the basis of the nomination made by the Chamber of Deputies. The functioning of
the Office is regulated by law no. 166/1993 Coll., the Supreme Auditing Office
Act (in English).
The Czech
National Bank is the state central bank, entrusted with maintaining the price
stability, issuing of banknotes and supervision of banking regulations.
Detailed regulation is laid down by law no. 6/1993 Coll., the Czech National
Bank Act.
The office
of the Ombudsperson (the Public Protector of Rights) was created in late 1990
modelled on the Scandinavian example. The task of the Ombudsperson is to
protect people from administrative malpractice or inactivity. Detailed
provisions are contained in the law no. 349/1999 Coll., the Public Protector of
Rights Act (in English).
There are
two types of self-government in the
Territorial
self-government (územní samospráva)
is realised on two levels:
The
(i)
the
power of self-administration in certain areas, where the
territorial unit remains free to adopt legislation if it wishes to do so (area
of independent powers of self-administration);
(ii)
the
exercise of public authority, where the territorial unit acts
in the exercise of public authority and of concrete public competence and where
it is obliged to act following detailed instruction issued by the central
government. In this latter function, territorial units act as a kind of
decentralised bodies of the government (area of the exercise of assigned public
administration).
There are
14 regions. They were created by the constitutional law no. 347/1997 Coll., on
the Creation of Higher Territorial Self-governing Units (in English). The
composition, functioning and powers of the regions are set by law no. 129/2000
Coll., the Regions Act.
The
composition, functioning and powers of municipalities are laid down by law no.
128/2000 Coll., Municipalities Act.
Article
105 CCR provides for the possibility of the state administration being
delegated to self-governing bodies if so provided by a statute. Statutory basis
for professional self-governance (profesní samospráva) can be found in a number of statutes
setting up professional self-regulatory bodies, such as:
The
chambers typically exercise certain degree of disciplinary, ethical and
regulatory powers vis-à-vis its members, with membership being the
precondition for the exercise of the respective regulated profession. Most of
the decisions of the bodies of these chambers can be reviewed at administrative
justice.
The basic
regulation of the judicial function in the Czech Republic is provided by law
no. 6/2002 Coll., Courts, Judges, Lay-judges and the State Administration of
Courts Act [the Judges Act 2002], available in Czech.
There are
three distinct jurisdictions: courts of general jurisdiction, administrative
courts and the
There is
no trial by jury. There is, however, the laic participation in the
administration of justice in the form of laypersons sitting as judges in
chambers, hearing cases at first instance. Laypersons are elected by local
councils (§ 64 and f. Judges Act 2002). Two lay judges sit with a professional
judge, hearing non-specialised cases at first instance. Appellate and Supreme
courts´ chambers are composed of professional judges only.
The
There is a
limited self-administration of the courts, mostly at the supreme level. The
state administration of courts has repeatedly been criticised on the
international as well as domestic forum (cf. e.g. the decision of the
Constitutional Court of
The
territorial as well as personal competence of the courts together with the exact
address of each court and other useful information may be found on the server of the Czech judiciary.
Civil and
criminal courts share the same judicial structure. Together, they form the
courts of general jurisdiction (obecné soudnictví). They are competent in all type of disputes
with the exception of those expressly reserved for the administrative courts or
the
The structure,
functions and powers of the courts of general jurisdiction are regulated by law
no. 6/2002 Coll., the Judges Act 2002.
The
structure of the courts is as follows:
As far as
the access to the case-law of the courts of general jurisdiction is concerned,
only the decisions of the Supreme Court are published. Firstly, there is the
official selection of the Court’s case-law, published in its Collection of the decisions
of the Supreme Court published by C.H.Beck Publishers.
All decisions of the Court (from 2000 onwards) are also accessible electronically.
The
decisions of lower courts are not published, apart from occasional case-notes
in one of the legal periodicals.
Civil Justice
Apart from
the Judges Act 2002, the most important piece of legal regulation in civil
matters is the law no. 99/1963 Coll., the Code of Civil Justice [CCivJ], in Czech, or
alternately here.
The
general courts of first instance are the district courts. In enumerated cases
(Art. 9 CCivJ), the courts of first instance are
regional courts. The list of cases when regional courts act as courts of first
instance is quite long and complex, the most important cases are:
Regional
courts decide on appeals (odvolání) against the decisions of district courts rendered
on the first instance. In cases where the court of first instance is the
regional court, the appellate court is one of the two High Courts.
The
Supreme Courts decides, as the court of third and last instance, about
extraordinary appeals (dovolání)
against the final decisions of regional or high courts, acting as appellate
courts. This type of extraordinary remedy should be limited to cases of general
legal significance (cf. Art. 237 CCivJ).
Criminal Justice
The
procedural norm in the area of criminal justice is law no. 141/1961 Coll., the
Code of Criminal Justice (CCrimJ), in Czech. A special procedural regime was recently
introduced for criminal liability of persons under 15 years of age (law no
218/2003 Coll., Juvenile Criminal Justice Act).
The courts
of first instance in criminal matters are generally district courts. If,
however, the criminal offence is punishable by at least 5 years imprisonment,
the courts of first instance become the regional courts.
An appeal
against the first-instance decision of the district court goes to the regional
court. Appeals against decisions rendered on the first instance by regional
courts are assessed by a High Court on appeal.
The
Supreme Court decides on extraordinary appeals (dovolání) against final appellate
decisions of regional courts and high courts. An extraordinary appeal should be
limited to questions of law only. There is another special remedy in criminal
matters before the Supreme Court, the so-called complaint of illegality (stížnost pro porušení zákona). Only the Minister of Justice is entitled to
file this extraordinary remedy before the Supreme Court; its availability is
limited to substantial flaws in the procedure, which may have caused the
illegality of a (otherwise final) decision (§ 266 CCrimJ).
Administrative
judiciary (správní soudnictví) is
a two-layer system: specialised administrative chambers within regional courts act
as courts of first instance. The court of second and last instance is the Supreme Administrative Court (Nejvyšší správní soud), seated in
The organisation of the administrativ