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326/1991 Coll.

CONSTITUTIONAL LAW

of 16 July 1991

that amends and supplements the Constitution of the Czech and Slovak Federal Republic, as amended

The Federal Assembly of the Czech and Slovak Federal Republic has enacted the following Constitutional Law:

Art. I

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

1. Art. 97 reads as follows:

“Art. 97

Courts and the Office of the Procurator [prokuratura] protect the state, its constitutional system as well as rights and legitimate interests of natural and legal persons.”.

2. Art. 98 paras. 1, 2, 3 and 4 read as follows:

“Art. 98

(1) The judicial power is exercised by independent courts of the Czech and Slovak Federal Republic, of the Czech Republic and of the Slovak Republic.

(2) The courts of the Czech and Slovak Federal Republic are: the Supreme Court of the Czech and Slovak Federal Republic, higher military courts, circuit military courts; in the state of national emergency also higher field courts and lower field courts.

(3) The seat of the Supreme Court of the Czech and Slovak Federal Republic shall be designated by a Law.

(4) The courts of the Czech Republic and the Slovak Republic are: the Supreme Court of the Czech Republic, the Supreme Court of the Slovak Republic, regional courts and district courts (hereinafter only ‘courts of the Republics’).”.

Current paragraph 3 shall be designated as paragraph 5.

3. Art. 99 reads as follows:

“Art. 99

(1) The highest judicial organ of the Czech and Slovak Federal Republic is the Supreme Court of the Czech and Slovak Federal Republic, which monitors decisions, that came into effect, of the supreme courts of the Republics and military courts, and ensures legality and uniformity of decision-making between the Republics and military courts by the fact that:

(a) it decides on regular legal remedies [řádných opravných prostředcích] against decisions of military courts in instances prescribed by a Law.

(b) it decides on extraordinary legal remedies [mimořádných opravných prostředcích] against decisions of the supreme courts of the Republics and all military courts, against decisions of the panels of the military collegium of the Supreme Court of the Czech and Slovak Federal Republic, if the latter court decided on regular legal remedy, and, in instances prescribed by a Law, also against decisions of other organs active in criminal proceedings in military cases,

(c) it adopts guidelines for uniform interpretation of Laws and other general legal norms [obecně závazný právní předpis] with federal jurisdiction,

(d) it decides on other issues prescribed by a Law.

(2) The Supreme Court of the Czech and Slovak Federal Republic also:

(a) reviews legality of the central organs of the state administration of the Czech and Slovak Federal Republic, unless a Law stipulates otherwise,

(b) decides jurisdiction disputes between courts of the one Republic and state notaries or organs of the state administration of the other Republic, and jurisdiction disputes between courts and federal organs of the state administration; decides jurisdiction disputes between courts and between courts and state notaries, and determines jurisdiction in other instances prescribed by Laws governing procedures before courts and state notaries,

(c) decides on recognition and execution of the decisions of the foreign courts on the territory of the Czech and Slovak Federal Republic, if a Law or international treaty requires it.

(3) The highest judicial organ of the Czech Republic is the Supreme Court of the Czech Republic, [and] the highest judicial organ of the Slovak Republic is the Supreme Court of the Slovak Republic. The Supreme Court of the Republic [any of the two] ensures uniform interpretation of Laws and other general legal norms [obecně závazný právní předpis] by other courts of the Republics.”

4. In Art. 100 para. 1, words “people’s judges” [soudci z lidu] shall be replaced by the word[s] “lay judges” [přísedící] and words “as a profession” shall be omitted.

5. In Art. 100 para. 2, words “as a profession” shall be omitted; words “people’s judges” [soudci z lidu] shall be replaced by the word[s] “lay judges” [přísedící].

6. Art. 101 reads as follows:

“Art. 101

(1) Judges of the Supreme Court of the Czech and Slovak Federal Republic are appointed by the President of the Czech and Slovak Federal Republic upon the nomination of the Chairman of the Supreme Court of the Czech and Slovak Federal Republic after consultation with the Government of the Czech Republic and with the Government of the Slovak Republic; in principle the same number [of judges shall be recruited] from citizens of the Czech Republic and from citizens of the Slovak Republic. Appointment of a judge of the Supreme Court of the Czech and Slovak Federal Republic shall enter into effect upon ratification by both chambers of the Federal Assembly. President of the Czech and Slovak Federal Republic shall appoint, upon the nomination of Government of the Czech and Slovak Federal Republic, the Chairman and the Vice-Chairman of the Supreme Court of the Czech and Slovak Federal Republic from judges of this court; if [the President of the Czech and Slovak Federal Republic] appointed a citizen of the Czech Republic [to the position of] the Chairman [of the Supreme Court of the Czech and Slovak Federal Republic], he will appoint a citizen of the Slovak Republic [to the position of] the Vice-Chairman and vice versa.

(2) Judges of military courts are appointed by the President of the Czech and Slovak Federal Republic upon the nomination of the Minister of Defence of the Czech and Slovak Federal Republic.

(3) Judges of the Supreme Court of the Republic[s] and of other courts of the Republic[s] are appointed by the Presidium of the respective National Council upon the nomination of the Government of the respective Republic.

(4) Judges and lay judges may be dismissed, or discharged from the office, only for reasons and in manner prescribed by law. For a violation of their duties judges may be dismissed only on the ground of the decision of the disciplinary court that entered into force.

(5) Requirements for the discharge of office of a judge and a lay judge, including the wording of oath, swearing of which is a precondition for the discharge of office, and the election of lay judges of military courts shall be prescribed by a Law of the Federal Assembly. A Law of the Federal Assembly shall also stipulate reasons for dismissal and conditions for other discharge from the judicial office and from the office of a lay judge of military courts. Election and dismissal as well as conditions for other discharge from the office of lay judges of district and regional courts shall be prescribed by Laws of the National Councils.”

7. Art. 102 reads as follows:

“Art. 102

(1) Judges and lay judges are independent in the performance of their duties and bound solely by law [zákonem].

(2) Should a court come to the conclusion that other general legal norm [obecně závazný právní předpis] is in conflict with a Law [zákonu], it shall discontinue the proceedings and submit the petition to initiate proceedings before the Constitutional Court. Decision of the Constitutional Court is binding on this court as well as on other ordinary courts.

(3) Judges and lay judges are obliged to interpret laws according to their best convictions and conscience, [and] are obliged to judge independently, impartially and fairly.”.

8. Art. 103 shall be repealed.

9. In Art. 104 para. 1, the word “courts” shall be omitted.

10. In Art. 106a para. 1 words “Supreme Court of the Czechoslovak Socialist Republic and” and in paragraph 2 words “Supreme Court of the Republic and” shall be omitted.

Art. II

Art. III of Constitutional Law No. 376/1990 Coll., that amends the Constitution of the Czech and Slovak Federal Republic, as amended, shall be repealed.

Art. III

Constitutional Law No. 155/1969 Coll., that amends and supplements Chapter Eight of the Constitution, shall be amended as follows:

Paragraph 2 of Section 3 shall be omitted; current paragraph 3 shall be designated as paragraph 2.

Art. IV

This Constitutional Law shall enter into effect on 1 September 1991.