Verfassungsgesetz der Bundesversammlung
über das Verfassungsgericht der Tschechischen und Slowakischen Föderativen Republik

vom 27. Februar 1991

(Verfassungsgesetz Nr. 91/1991)

Änderungen unbekannt

Durch den Zerfall der Tschechoslowakischen Föderativen Republik in die beiden Bundesstaaten Tschechien und Slowakei
mit Wirkung vom 31. Dezember 1992 wirkungslos geworden.

Die Bundesversammlung der Tschechischen und Slowakischen Föderativen Republik hat das folgende Verfassungsgesetz beschlossen:

Artikel 1. (1) The Constitutional Court of the Czech and Slovak Federal Republic (hereinafter referred to only as "the Constitutional Court") ist a judical body charged with the protection of constitutionality.

(2) In making their decisions, Justices of the Constitutional Court are independent and ar bound only by the Constitution of the Czech and Slovak Federal Assembly and by other Constitutional Acts of the Federal Assembly.

(3) The seat of the Constitutional Court shall bei the city of Brno.

Artikel 2. The Constitutional Court shall rule on whether
a) Acts of the Federal Assembly and Legal Measures of the Presidium of the Federal Assembly conform to the Constitutional Acts of the Federal Assembly;
b) Acts of the Federal Assembly, Constitutional Acts and other laws enacted by the Slovak National Council conform to international treaties on human rights an fundamental freedoms, ratified and promulgates by the Czech and Slovak Federal Republik;
c) Constitutional Acts an other laws enacted by the Czech National Council and by the Slovak National Council, and legal measures of the presidium of the Czech National Council and the presidium of the Slovak National Council conform to the Constitutional Acts of the Federal Assembly;
d) decreees of the Government of the Czech and Slovak Federal Republik and legal regulations issuesd by Federal ministries and other Federal organs of state administration conform to Constitutional Acts and ohter laws enacted by the Federal Assembly;
e) decrees of the governments of the Czech Republik and of the Slovak Republik and legal regulations issues by ministries and other organs of state administration of the Czech Republic and of the Slovak Republic conform th Constitutional Acts and other laws enacted by the Federal Assembly.

Artikel 3. (1) If the Constitutional Court rules in its opinion that there is a conflict between the legal regulations specified in Article 2, the regulations concerned, ther parts , or some of ther provisions shall cease to be effective; the organs that issued such regulations shall amand them so as to make them conform to Constitutional Acts, international treaties or Acts of the Federal Assembly, as the case may be, and shall do so within six months of the day the pertinent opinion of the Constitutional Court was promulgated. If they fail to do so, such regulations, ther parts or procisions shall becomm null and void six months after the promulgation of the opinion; ths shall not apply th Constitutional Acts of the Czech National Council and of the Slovak National Council.

(2) In cases involving conformity between Constitutional Acts of the Czech National Council and of the Slovak National Council and Constitutional Acts of the Federal Assembly the Constitutional Court shall request the opinion of the Constitutional Court of the respective Republik before it issues its own opinion.

(3) The opinions and rulings of the Constitutional Court schall be promulgated in the official collection wherein Acts of the Federal Assembly are being promulgated.

Artikel 4. The Constitutional Court shall rule on conflicts of jurisdiction between
a) organs of the Czech an Slovak Federal Republic;
b) organs of the Czech and Slovak Federal Republikc and organs of one or both Republics;
c) organs of the Czech Republic and organs of the Slovak Republik.

Artikel 5. (1) The Constitutional Court shall interpret the Constitutional Acts of the Federal Assembly in cases of conflicting opinion. The conditions therfor shall be set by an Act of the Federal Assembly.

(2) The Constitutional Court shall not express its opinion on whether Bills and other proposed legal regulations conform to Constitutional Acts of the Federal Assembly.

Artikel 6. The Constitutional Court shall rule on complanints raising the question of constitutionality, directed against measures, final decisions or other interventions of organds of public authority, if the plaintiff claims that such measures, decision of interventions have violated his or her fundamental rights and freedoms guaranteed by a Constitiutional Act of the Federal Assembly or by the international treaties specified in Article 2, letter b), hereinabove. The conditions governing such complaints shall be set by an Act of the Federal Assembly.

Artikel 7. The Constitutional Court shall rule on whether decisions to disband a political party or political movement the activity thereof, conform to Constitutional Acts and other laws enacted by the Federal Assembly. The conditions therefor shall be set by an Act of the Federal Assembly.

Article 8. (1) The Constitutional Court shall initiate proceedings pursuant to Article 2, 4 and 5, if the respective motion is filed by
a) the President of the Czech and Slovak Federal Republic,
b) the Federal Assembly,
c) the Government of the Czech and Slovak Federal Assembly or by a different organ of the Czech Republic,
d) the Czech National Council,
e) the Slovak National Council,
f) the Government of the Czech Republic or by a different central organ of the Czech Republic,
g) the Government of the Slovak Republic or by a different central organ of the Slovak Republic,
h) a court of justice in connection with its decision-making activity,
i) the Prosecuter General of the Czech and Slovak Republic, the Prosecuter General of the Czech Republic, or the Prosecutor General of the Slovak Republic.

(2) In the cases specified in Article 2 hereinabove the Constitutional Court shall also initiate proceedings on the motion filed by one fifth of the Members of the Federal Assembly or by one fifth of the Members of the Czech National Council or by one fifth of the Members of the Slovak Council.

(3) In the cases specified in Article 6 hereinabove the Constitutional Court shall initiate proceedings on the basis of a constitutional complaint filed by a natural or a legal person under conditions set by  an Act of the Federal Assembly.

(4) In the cases specified in Article 7 hereinabove the Constitutional Court shall initiate proceedings on the motion of whoever is authorized to act for the political party or the political movement affected by the pertinent decision.

Article 9. There shall be not appeal against rulings of the Constitutional Court.

Article 10. (1) The Constitutional Court shall consist of twelve Justices.

(2) Justices of the Constitutional Court shall be appointed by the President of the Czech and Slovak Federal Republic from candidates nominated by the Federal Assembly, the Czech National Council and the Slovak National Council. Each of thes legislative bodies shall submit a list of eight candidates, the list submitted by the Federal Assembly including four candidates who are citizens of the Czech Republic and four candidates who are citizens of the Slovak Republic. Justices of the Constitutional Court shall be appointed for a term of seven years.

(3) Any citizen of full integrity, who is eligible for election to the Federal Assembly, is at least thirty-five years old, is the graduate of a university law school and has been acive in the legal profession for at least ten years may be nominated for and appointed to the office of Justice of the Constitutional Court.

(4) Six of the Justices appointed to the Constitutional Court shall be citizens of the Czech Republic and six shall be citizens of the Slovak Republic.

Article 11. (1) The Chief Justice and the Assistant Chief Justice of the Constitutional Court shall be appointed by the President of the Czech and Slovak Federal Republic from among the Justices of the Constitutional Court.

(2) If a citizen of the Czech Republic is appointed Chief Justice of the Constitutional Court, a cizizen of the Slovak Republic shall be appointed Assistant Chief Justice and vice versa.

Article 12. If an office of Justice of the Constitutional Court becomes vacant, the President of the Czech and Slovak Federal Republic shall appoint a new Justice to fill it with a citizen of the respective Republic; the provisions of Articles 10 and 11 shall apply mutatis mutandis.

Article 13. (1) The President of the Czech and Slovak Federal Republic shall administer the following oath to Justices of the Constitutional Court:

"I hereby pledge on my honour and conscience to uphold the inviolability of the natural rights of man and of civil rights, to respect the Constitution of the Czech and Slovak Federal Republic and the Constitutional Acts of the Federal Assembly, and to decide independently and without prejudice according to my best conscience."

Article 14. (1) The Constiutional Court shall decide in full session or in panels made up of four Justices.

(2) The Constitutional Court shall rule in full session on cases under Articles 2, 4 and 7, as well as on:
a) regulation of its internal matters;
b) constitution of its panels and on the rules governing the division of the agenda among them;
c) cases on wich a panel did not rule due to a split vote;
d) consent pursuant to Article 15, pars. 1 and 2;
e) proposals pursuant to Article 17.

(3) In other cases the Constitutional Court shall adopt its rulings in panels.

Article 15. (1) No Justice of the Constitutional Court may be criminally prosecuted or placed under detention without the consent of the Constitutional Court. If the Constitutional Court denies garanting such consent, any future prosecution is precluded.

(2) If a Justice of the Constitutional Court is apprehended and detained in the process of committing a criminal offence, the competent organ shall immediately so notify the Constitutional Court.  If the Constitutional Court soes not grant consent with the detention, the Justice shall be immediately released.

(3) A Justice of the Constitutional Court may not be prosecuted for a transgression or any similar unlawful act.

(4) The disciplinary liability of Justices of the Constitutional Court shall be governed by an Act of the Federal Assembly.

(5) A Justice of the Constitutional Court may refuse giving evidence on matters of which he has learned in the exercise of his office, and do so even after he has ceased being a Justice.

Article 16. (1) The office of Justice of the Constitutional Court is incompatible with that of Member of the Federal Assembly, of the Czech National Council or of the Slovak National Council, with membership in the Government of the Slovak Republic or in the Government of the Slovak Republic, as well as with holding an office in a political party or movement.

(2) Justices of the Constitutional Court shall exercise of this office is incompatible with any other gainful or economic acticity with the exception of scientific, academic, literary and artistic activitiy.

(3) On the day a Justice of the Constitutional Court assumes his or her office his or her mandate as member of a legislative body, membership in a government, and office in a political party or political movement shall cease.

(4) The salaries and other benefits of Justices of the Constitutional Court shall be determined by an Act of the Federal Assembly.

Article 17. A Justice of the Constitutional Court may resign from his or her office. The President of the Czech and Slovak Federal Republic may recall a Justice on the basis of a final conviction for a premeditated criminal offence. The President of the Czech and Slovak Federal Republic may also recall a Justice with the consent of the Federal Assembly in the case where such recall is proposed by the Constitutional Court in view of the outcome of disciplinary proceedings instituted against such Justice or because the Justice hat not been attending sessions of the Constitutional Court for more than one year.

Article 18. (1) The organization of the Constitutional Court and the procedure before it shall be governed by an Act of the Federal Assembly.

(2) The Bill on the organisation of the Constitutional Court and on the procedure before it may also be tabled by the Constitutional Court.

Article 19. The costs of the Constitutional Court, including its office, shall be coveres from the Federal Budget.

Article 20. Constitutional Acts of the Czech National Council and of the Slovak National Council may govern the constitutional judicary of the Czech Republic and of the Slovak Republic respectively.

Article 21. Article 36 par. 1 subpar. g) and Chapter Six (Articles 86 to 101) of the Constitutional Act No. 143/1968, Concerning the Czechoslovak Federation, are hereby repealed.

Artikel 22. (1) Dieses Gesetz tritt am 1. April 1991 in Kraft.

(2) The provision of Article 2, letter c), of the present Act, regarding rulings on conformity between new Constitutions of the Czech Republic and of the Slovak Republic an dConstitutional Acts of the Federal Assembly, shall enter into effect on the day the new Constitution of the Czech and Slovak Federal Republic enters into effect.


Quelle: Jahrbuch des öffentlichen Rechts Band 44 (1996), Mohr Tübingen
© 4. Februar 2003
Home                 Zurück            Top