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100/1990 Coll.

CONSTITUTIONAL LAW

of 18 April 1990

that amends and supplements the Constitutional Law No. 100/1960 Coll., the Constitution of the Czechoslovak Federal Republic, and the Constitutional Law No. 143/1968 Coll., on the Czechoslovak Federation

The Federal Assembly of the Czechoslovak Federal Republic has enacted the following Constitutional Law:

Art. I

The Constitutional Law No. 100/1960 Coll., the Constitution of the Czech and Slovak Federal Republic, as amended, shall be amended and supplemented as follows:

1. Declaration shall be omitted.

2. Articles 7 to 15 shall read as follows:

“Art. 7

(1) Ownership and other property rights of citizens, legal persons and the state shall be protected by the Constitution and by Laws.

(2) The state provides equal protection to all property owners.

(3) Inheritance is guaranteed.

Art. 8

Ownership entails obligations. It may not be misused to the detriment of the rights of others or [to the detriment of] the society.

Art. 9

(1) Expropriation or other forced limitation upon ownership or other property rights is permitted only in the public interest, by a Law or on the basis of law, and for compensation. Such decision may be challenged before the court.

(2) A Law of the Federal Assembly shall lay down conditions for transferring property of the state to citizens and legal persons.

Art. 10

(1) Mineral resources, essential energetic sources, basic forest land resources, natural reserves of underground water, watercourses and natural medicinal resources shall be owned exclusively by the state. A Law of the Federal Assembly shall stipulate further details.

(2) The Law of the Federal Assembly shall designate the other property necessary for securing the needs of the entire society, the development of the national economy and the public welfare, which may be owned exclusively by the state or by designated legal persons.

Art. 11

Ownership of the land and inheritance rights hereto shall not be affected.

Art. 12

Property rights may not be exercised so as to harm human health, nature, or the environment beyond the strictly necessary means.

Art. 13

The state creates conditions and adopts rules for development and protection of commercial activities and competition.

Art. 14

Foreign legal persons and foreigners may acquire ownership and other property rights and conduct commercial activities on the territory of the Czechoslovak Federal Republic under conditions prescribed by law. The state guarantees them the same protection of their property rights as to Czechoslovak citizens and Czechoslovak legal persons.

Art. 15

(1) The Czechoslovak Federal Republic through its economic policy endeavors for multiplying national wealth, fair and equal society and for establishing necessary conditions for free personal development, development of nations and nationalities.

(2) The state aims at reaching ecological equilibrium by protecting the nature and taking care of creation and protection of the healthy environment as well as of careful utilization of natural resources.”.

Art. II

Constitutional Law No. 143/1968 Coll., on the Czechoslovak Federation, as amended, shall be supplemented as follows:

1. Article 8 para. 1 letter (l) shall read as follows:

“(l) legal regulation of property, commercial activities and settlement of arbitration disputes,”.

2. Article 24 shall read as follows:

“Art. 24

To the jurisdiction of the Czechoslovak Federal Republic belongs, in the areas of property, commercial activities and resolution of disputes arising from commercial activities:

(a) the regulation of property,

(b) the regulation of commercial activities of citizens and legal persons,

(d) the regulation of the protection of production and trade as well as the protection of the interests of the consumers, in particular the regulation of competition, industrial rights, standardization, state testing system and state inspection, the weights and measures service, and the exercise of state administration in the aforementioned sectors established by a Law of the Federal Assembly,

(e) principles of the protection and utilization of mineral resources,

(f) the regulation of the settlement of economic disputes as well as settlement of these disputes, to the extent prescribed by a Law of the Federal Assembly.”.

Art. III

This Constitutional Law shall enter into effect on the day of its promulgation.