Presentation on theme: "Principles of Jurisdiction in the Czech Republic"— Presentation transcript:
1 Principles of Jurisdiction in the Czech Republic the system
2 Principles of Jurisdiction in the Czech Republic Legal regulation of the jurisdiction of the Czech Republicis generally laid outin the Constitution of the Czech Republic (Act No.1/1993 Coll.)and detailedin the regulation is contained especially in Act 6/2002 Coll., On Courts and Judges, as amended (hereinafter referred to as “the Act on Courts and Judges”).and in additionin the Charter of Fundamental Rights and Basic Freedoms
3 Principles of Jurisdiction in the Czech Republic The Charter of Fundamental Rights and Basic FreedomsThe Charter of Fundamental Rights and Basic Freedoms is a part of the constitutional order of the Czech Republicstems from the Universal Declaration of Human Rightsguarantees fundamental human rights and freedoms, rights of national minorities and economic, social and cultural rights, including the right to judicial protection (inhered in Chapter VI of the document)
4 Principles of Jurisdiction in the Czech Republic The aforementioned documents guarantee in specific:everyone’s right to demand their rights before an independent and impartial courtthe equality of participants to an actionthe principle of public case consideration (public-open court)the right of the participant to express their views on all of the admitted evidencethe right to refuse to give a testimonythe right to assistance of a counsel from the very beginning of the proceedingsthe inherent rights of the proceedings participants as the right to service of an interpreterthe right to compensation for damage caused by an unlawful decision or an incorrect official procedureand set forth the principle of review-ability of public administration bodies per curiam.
5 Principles of Jurisdiction in the Czech Republic Regarding criminal proceedings:the fundamental principle that a person against whom a criminal proceeding has been brought shall be considered innocent until found guilty by court’s final judgment of convictionother important principle governing the criminal proceedings is the “ne bis idem” principleThe inherent rights of the accused are:the right (to be able) to defend themselvesto be given the time and opportunity to prepare a defencethe right to choose the counselthe right to have the counsel appointed by the courtthe right to be provided counsel assistance free of charge (in special cases set down by the laws), etc.
6 Principles of Jurisdiction in the Czech Republic Criminal proceedings are governed by few more essential principles:the principle that no one may be removed from the jurisdiction of his lawful judgethe principle of legal definition of a crime and penalties imposing in accordance with the lawnot leastthe principle that only a court may determine a person’s guilt and designate the punishment for criminal actsOther fundamentals of criminal proceedings are that the culpability of acrime shall be considered in accordance with the law in effect at the timethe act was committed, and a subsequent law shall be applied if it is morefavourable to the offender.
7 Principles of Jurisdiction in the Czech Republic After 1989, a lot of legal changes were made in the area of human and civil rights protection, besides the incorporation of the Charter of Fundamental Rights and Basic Freedoms into Czech legal system.Sweeping reforms have been made in all of the key legal codexes, i.e. Civil Code, Penal Code, Civil and Penal Procedures Codes, Labour Code, Commercial Code aimed to strengthen legal confidence.The courts thus became the last decisive instance on which anyone can demand, same as in any other democratic country, the protection of civil rights in a family sphere, property sphere, labour sphere as well as commercial and business sphere, and also a judicial review of the decision made by administrative bodies.
8 Principles of Jurisdiction in the Czech Republic The Constitution of the Czech Republic anchors a principle of the independence of judges.It is a fundamental premise of impartial and equitable judicial resolution of disputes and one of the pillars of a legally consistent state and one of the essential features of the judicial system of the European Union.Exercise of the principle of independence of judges(i.e. Art. 81, Art. 82 para.1, first sentence of the Constitution of the Czech Republic)is guaranteed by statutory safeguards, specifically by, so called, irremovability and irreplaceability of judges among others.
9 Principles of Jurisdiction in the Czech Republic Judgesare being appointed by the President of the Republic for an indefinite periodmay be revoked or released from the functiononly for the reasons determined by lawsAnd on the basis of decision of an independent disciplinary court;judges may be moved to another court with their consent only.Judges are, while deciding cases, bound only by the law.Judges need to be independent and impartial. One of the guarantees of independence and impartiality is a strict separation of the exercise of jurisdiction and the administration of the courts.Judges are protected against any interference with their decision (Interference of any kind with the independence of a court is a crime according to criminal law).
10 Principles of Jurisdiction in the Czech Republic Further progress achieved in the system of law of the Czech Republic concerned chiefly material law.The process of changes was connected with approaching the European Community system and the subsequent entry into the European Union.Especially, it was the Commercial Code which went through an extensive amending process. Particular amendments also pertained to all sort of regulations, including Labour Code and regulation of Social Security.Specifically concerned areas were those demanding unification with respect to the entry onto common European market.
11 The High Court in Prague - Place in the System The High Court in Prague is the second judicial instance in weightier matters which fall under the jurisdiction of courts in civil and criminal proceedings,the High Court decides on appeals against decisions of regional courtsand also a specific disciplinary agenda is part of the decisive agenda of the High Court.The essential legal regulation which governs the position of the High Court isthe Constitution of the Czech Republic (Act No.1/1993 Coll.) (the same as the other courts of the Czech Republic)the Act on Courts and Judges (Act No. 6/2002 Coll., as amended)the Organizational Rule/Regulations (Organizační řád)the Labour Schedule of the High Court in Prague (which covers more details).
12 The High Court in Prague - Place in the System The High Court chiefly concentrates on appeals (regular appeals) against the decisions of regional courts as the courts of the first instanceThe High Court decides on appeals:in majority of commercial casesin cases dealing with rights of privacyconcerning protection of rights of third partiesin law-suits concerning claims arising from Copyright Actin law-suits involving another country or a person enjoying diplomatic immunities and privileges
13 The High Court in Prague - Place in the System In criminal matters, the High Court deals with:cases where the statutory-stated minimum sentence is higher than 5 years of imprisonmentcases where an extraordinary punishment may be imposed for the crime which is being heard(the extraordinary punishment is life imprisonment, or imprisonment for 15 up to 25 years, there is no capital punishment in Czech legal system)And specific matters even though the minimum sentence is lower than 5 years of imprisonment if expressly stated by the law
14 The High Court in Prague - Place in the System The specific matters expressly stated by the law are following:e.g. crimes against the principles of the Republic, another state or an international organisation (terror, genocide)crimes committed by means of bills of exchange, cheques or other kind of securities if characterized by a significant damage or considerable advantage (profit)and crimes caused by breaking the rules on disposal of controlled commodities and technologies, breaking the rules of external (foreign) trading with military materials (supplies), breaking binding rules of commerce, and misuse of information in commercial relations
15 The High Court in Prague - Place in the System The High Court discusses and decides on cases in senates (judicial juries)A senate composes of a chair of the senate and associate judgesThe High Court in Prague currently has15 civil-law senates,12 criminal-law senatesand 3 disciplinary senates.The High Court in Prague cooperates, on the basis of bilateralagreements, with the High Provincial Courts in Linz, Nuremberg(Nürnberg) and Cologne (Köln), and with the French Court d‘ Apell deParis.
16 Organisation of Justice in the Czech Republic The justice system of the Czech Republic has been organised so thatthe system of general courts consists of four degrees of courts:district courtsdistrict courts having jurisdiction over Prague districts are called city district courtsthe district court for the town of Brno is called Municipal Court in Brnoregional courtsthe regional court having jurisdiction over the capital city of Prague is called Municipal Court in Praguehigh courtsThe High Court in PragueThe High Court in Olomoucthe Supreme Court of the Czech Republicresiding at Brno
17 Organisation of Justice in the Czech Republic The first instance of the exercise of jurisdiction is formed by district courts (as well as city district courts in Prague and the Municipal Court in Brno)as the first instance competent authorities, district courts exercise jurisdiction in the majority of civil and criminal cases.
18 Organisation of Justice in the Czech Republic Regional Courts (and the Municipal Court in Prague)decide particularly on ordinary remedies (appeals) against decisions of district courts (city district courts and the Municipal Court in Brno) concerning the whole judicial agenda of district courts.herewith decide as the courts of the first instance in case of specific civil proceedingsi.e. on protection of privacy matters, protection against information representing an abuse of the freedom of speech and liberty of press, furthermore, in matters related to copyright, and on a majority of law-suits resulting from commercial relations, including bankruptcy and owelty-liquidation.Regional Courts are also competent to decide in criminal matters as the courts of the first instance, these are certain very serious crimes.
19 Organisation of Justice in the Czech Republic High Courts exercise jurisdiction especially as the second instance courts (appeal courts) on appeals against first instance decisions of regional courtsin civil, commercial and criminal mattersthe high courts reside in Prague and OlomoucThe Supreme Court of the Czech Republic resides in Brnoexercises jurisdiction over the agenda of extraordinary remedies (extraordinary appeals) regarding all types of proceedings but excluding proceedings in administrative mattersthe decision competence of the Supreme Court of the Czech Republic is limited to matters for which extraordinary remedies are determined, i.e. in civil proceedings as well as in commercial and criminal proceedings
20 Organisation of Justice in the Czech Republic The system of justice also includes administrative jurisdiction, i.e. the systemof courts dealing with administrative agenda :regular regional courtsin the first instance(and the Municipal Court in Prague regarding administrative matters of Prague)the Supreme Administrative Court of the Czech Republic,as the second (appeal) instancealso residing in BrnoThe administrative courts and the Supreme Administrative Courtof the Czech Republic afford protection to public rights of a subjectivekind pertaining to both natural and legal persons.
21 Organisation of Justice in the Czech Republic The administrative agenda of regional courts coversspecifically the control of legality of decision-making by administrative authorities and the protection against authorities’ inactivity as well as unlawful intervention by administrative authoritiesthe Supreme Administrative Court of the Czech Republicpursues legitimacy and uniformity of decision-making by regional courts and administrative authorities.decides on appeals against final judgements by regional courts in administrative matters.also decides in electoral matters as well as in matters of dissolution of political parties and suspension and restoring of their activities.Furthermore, has jurisdiction to decide on the disputes of competence among administrative authorities lies with the Supreme Administrative Court.
22 Organisation of Justice in the Czech Republic The system of justice of the Czech Republic is sheltered by theConstitutional Court of the Czech Republicthe Constitutional Courtis a judicial body guarding the constitutionality in the republiclies beyond the ordinary courts systemresides at Brnoconsists of 15 judgesdeals with the constitutionality of laws (not meaning deciding preliminary but the subsequent)the other significant part of the agenda of the Constitutional Court is formed by constitutional appeals by natural and legal persons in matters of protection of state guaranteed fundamental rights and freedoms and their interference
23 Organization of Justice in the Czech Republic General JurisdictionThe Supreme Court of the Czech RepublicAppeal Procedure up to up toIInd instance High CourtsRegional Courts(the Municipal Court in Prague)up toAppeal Procedure up toIst instance Regional CourtsDistrict Courts(city district courts in Prague)
24 Organization of Justice in the Czech Republic Jurisdiction in Administrative MattersThe Supreme Administrative CourtAppeal ProcedureIst Instance up toRegional Courts(the Municipal Court in Prague)