Czech law
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Czech law, often referred to as the legal order of the Czech Republic ('), is the system of legal rules in force in the
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
, and in the international community it is a member of. Czech legal system belongs to the Germanic branch of continental legal culture ( civil law).Bobek, Michal
"UPDATE: An Introduction to the Czech Legal System and Legal Resources Online. "
''GlobaLex''. Hauser Global Law School Program, New York University School of Law, Sept. 2009. Web. 07 Dec. 2012.
Major areas of
public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichk ...
and private law are divided into branches, among them civil, criminal, administrative, procedural and labour law, and systematically codified. Written law is the basis of the legal order, and the most important
source of law Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity. Jurispruden ...
are: legal regulations (
acts of parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament be ...
, as well as
delegated legislation Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democ ...
),
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
(once they have been
ratified Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
by the parliament and
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...
), and such findings of the
Constitutional Court of the Czech Republic The Constitutional Court of the Czech Republic ( cz, Ústavní soud České republiky) is a specialized type of court which primarily works to protect the people in the Czech Republic against violations of the Constitution by either the legisl ...
, in which a statute or its part has been nullified as
unconstitutional Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
. It is made public by the periodically published ', abbreviated ''Sb.'' (“Collection of Law”, “Coll.”), and ', abbreviated ''Sb. m. s.'' (“Collection of International Treaties”). The system of law and justice in the Czech Republic has been in constant development since the 1989 regime change. In 1993, the
Constitution of the Czech Republic The Constitution of the Czech Republic ( cs, link=no, Ústava České republiky) is the supreme law of the Czech Republic. The current constitution was adopted by the Czech National Council on 16 December 1992. It entered into force on 1 Januar ...
has been enacted, which postulates the rule of law, outlines the structure and principles of democratic government, and declares human rights and rights of the citizen. Since 2004, the membership in the EU means the priority of European Union law over Czech law in some areas. Recently, a brand new Criminal Code entered into force in 2010, and the Civil Code followed in 2014.


Sources of law

Sources of Czech law are (in this hierarchical order): * the Constitution (') and constitutional acts (') * international treaties ratified by the Parliament (') * statutes adopted by the Parliament ('), published decisions of the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
* derived legislation: government orders (') and notifications of ministries ('); legislative acts of territorial self-government bodies: regional ordinances (') and municipal ordinances (') Acts of parliament and other legal regulations enter into force on the day they are
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law ...
(published) in the official ''Collection of Law'' (', abbreviated as ' – ''Coll.'' – when referring to statutes), although they may take effect at a later date. International treaties are similarly published in the ''Collection of International Treaties'' (', abbreviated ''Sb. m. s.'').


Constitutional law

Czech
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
is written, and it consists of several constitutional acts (one of them the Constitution of the Czech Republic), together they are known as the constitutional order of the Czech Republic ('). The constitution can be viewed as entrenched, because constitutional statutes are more difficult to adopt, amend, supplement or repeal them than ordinary laws of the country. A special majority (constitutional supermajority) is required of three-fifths of all Deputies and a qualified majority of three-fifths of all Senators present.Czech Republic. Constitutional Court
"Constitutional Order of the Czech Republic. "
''The Constitutional Court of the Czech Republic. '' Ústavní soud ČR, n.d. Web. 03 Jan. 2013.
This is to promote continuity and stability of the political system. Most important constitutional acts are: * Constitutional Act No. 1/1993 Coll. the Constitution of the Czech RepublicÚstavní zákon č. 1/1993 Sb. Ústava České republiky
/ref> * Resolution No. 2/1993 Coll. ..incorporating Charter of Fundamental Rights and Basic Freedoms ..ref group=c
Usnesení č. 2/1993 Sb. Předsednictva České národní rady o vyhlášení LISTINY ZÁKLADNÍCH PRÁV A SVOBOD jako součásti ústavního pořádku České republiky
/ref> * Constitutional Act No. 110/1998 Coll. on the Security of the Czech RepublicÚstavní zákon č. 110/1998 Sb. o bezpečnosti České republiky
/ref> * Constitutional Act No. 347/1997 Coll. on the Creation of Higher Territorial Self-Governing UnitsZákon č. 347/1997 Sb. o vytvoření vyšších územních samosprávných celků a o změně ústavního zákona České národní rady č. 1/1993 Sb., Ústava České republiky
/ref> The 1992
Constitution of the Czech Republic The Constitution of the Czech Republic ( cs, link=no, Ústava České republiky) is the supreme law of the Czech Republic. The current constitution was adopted by the Czech National Council on 16 December 1992. It entered into force on 1 Januar ...
declares sovereignty (self-government) of the people and the values of freedom and democracy. It defines the separation of the three powers in a system of
Checks and balances Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
. It gives the legislative power to the popularly elected
Czech Parliament The Parliament of the Czech Republic ( cs, Parlament České republiky) or just Parliament ( cs, Parlament) is the legislative body of the Czech Republic, seated in Malá Strana, Prague. It consists of two chambers, both elected in direct elec ...
consisting of two chambers, the Chamber of Deputies and the Senate. The executive power is divided between the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
and the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
. It describes the functioning of the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, especially the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
. Two more institutions are established, the
Czech National Bank The Czech National Bank, ( cs, Česká národní banka, ČNB) is the central bank and financial market supervisor in the Czech Republic, headquartered in Prague. It is and a member of the European System of Central Banks. It was established on ...
and the Supreme Audit Office. The
Charter of Fundamental Rights and Basic Freedoms The Charter of Fundamental Rights and Freedoms ( cs, Listina základních práv a svobod, sk, Listina základných práv a slobôd) is a document enacted in 1991 by the Czechoslovak Federative Republic and currently continued as part of the cons ...
(') is a
bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pr ...
document enacted in 1991 by the Czechoslovak Federative Republic. In the Czech Republic it was kept in its entirety and forms a part of the constitutional order (i.e. has the same legal force as the Constitution). It postulates the sanctity of natural human rights and fundamental freedoms as well as citizens' (political) rights, the equality before the law, rights of minorities and so on. The Constitution has been seriously modified in February 2012, introducing a controversial popular vote of the President of the Czech Republic: * Constitutional Act No. 71/2012 Coll.Ústavní zákon č. 71/2012 Sb., kterým se mění ústavní zákon č. 1/1993 Sb., Ústava České republiky, ve znění pozdějších ústavních zákonů
/ref>


International treaties

On joining the
European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
, the Czech Republic committed itself to respect the principle of the supremacy of
European law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
over Czech law in defined areas. The most important treaty in this category is the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms.


Statutes adopted by the Parliament

Major areas of Czech law are codified in a systematic manner.


Criminal law

Most important statutes in the criminal justice field are: * Act No. 40/2009 Coll., the Criminal CodeZákon č. 40/2009 Sb trestní zákoník
/ref> * Act No. 141/1961 Coll., the Criminal Procedure CodeZákon č. 141/1961 Sb. o trestním řízení soudním (trestní řád)
/ref> * Act No. 218/2003 Coll., on Juvenile Criminal JusticeZákon č. 218/2003 Sb. o odpovědnosti mládeže za protiprávní činy a o soudnictví ve věcech mládeže a o změně některých zákonů (zákon o soudnictví ve věcech mládeže)
/ref> Since 2010, Czech criminal law is regulated mainly, though not only, by the Criminal Code Act 2009 ('), which codifies substantive criminal law. The comprehensive regulatory statute for criminal procedure is the Criminal Proceedings Code Act 1961 ('). The two codes are complemented by the Juvenile Criminal Justice Act 2003, which deals with alleged offenders aged between 15 (the threshold of criminal liability as well as age of legal consent) and 17. Until 2009, the criminal code statute in force dated back to 1961. In spite of numerous amendments made since the 1989, it still conformed to the communist ideology, oriented on punishment of perceived enemies of the socialist regime. As a part of an effort to comprehensively reform law and justice, a brand new codification has been written. The Ministry of Justice announced it as an "elaborate piece of work boiled down from the experience and knowledge of foremost expert on criminal law", which can be proudly compared to modern criminal codes of other democratic countries.Czech Republic. Ministerstvo spravedlnosti ČR
"Obecně o trestním zákoníku. "
''Reforma justice. '' Ministerstvo spravedlnosti ČR, n.d. Web. 12 Dec. 2012.
The purpose of the 2009 codification was to bring the criminal justice system in line with the rest of Europe. The main change introduced by the code was transition from material to formal conception of criminal offence. Another thing the lawyers drafting the 2009 code had in mind, and expressed it in the area of sentencing tariffs, was a new balance of punishment against rehabilitation effect on the criminal. On one hand we see the sentences for felony (') which carry a sentence of at least 5 years. On the other a newly created category of misdemeanour (') introduces a host of community sentences ('), including community payback (') or house arrest ('). The code also outlaws doping. Less serious breaches of law are called
contravention In many civil law countries (e.g.: France, Belgium, Switzerland, Portugal, Italy, Brazil) a contravention is a non-criminal offense, similar to an infraction or civil penalty in common law countries. France Contravention is, in French la ...
s ('). These are not normally dealt with by the courts of law, but rather punished either by the police on the spot, or through a procedure in front of a committee at the local or municipal authority, or sometimes other administration body. The result is not a conviction, and so such a punishment will not blemish the culprit's criminal record. Like with other administrative acts, the outcome of this procedure can be challenged through the administrative justice process. A typical example of contraventions in Czech law this are driving offences. (In the common law world, acts falling into this category would be classed as summary offences.) * Act No. 200/1990 on ContraventionsZákon č. 200/1990 Sb. o přestupcích
/ref> Since 2012, Czech law also recognizes criminal liability of corporations for offences committed by employees of a corporation, when acting on its behalf, being instructed by the board of directors or other representative of the company, or through lack of their action. In such cases, not only individuals will be prosecuted, but the corporation can be prosecuted as well for the same offence and punished by a host of measures, starting from certain injunctions, through fines a forfeitures, to liquidation of the company. * Act No. 418/2011 Coll., on Criminal Liability of Legal Persons and the Proceedings against ThemZákon č. 418/2011 Sb. o trestní odpovědnosti právnických osob a řízení proti nim
/ref>


Civil law

Main statutes regulating this area are: * Act No. 89/2012 Coll. the Civil CodeZákon č. 89/2012 Sb. občanský zákoník
/ref> * Act No. 99/1963 Coll. the Civil Procedure CodeZákon č. 99/1963 Sb. občanský soudní řád
/ref> * Act No. 500/2004 Coll. the Administrative Procedure CodeZákon č. 500/2004 Sb. správní řád
/ref> The Civil Code codifies core areas of private law. It has five parts. The first part is dedicated to a legal status of a person as an individual. The second regulates family law – e.g. the institute of marriage and the rights and obligations of husband and wife, parents and children. Although the Code does include
registered partnership A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
, it explicitly prohibits adoption to a person in a registered partnership. The rest in concerned mainly with property rights. The civil code regulation effective since 1 January 2014 is a result of eleven years of work of the recodification committee of the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...
. Together with the Commercial Corporations Act and the Private International Law Act it constitutes a complete recodification of private law in the Czech Republic.Czech Republic. Ministerstvo spravedlnosti ČR
"Úvodní stránka. "
''Nový občanský zákoník. '' Ministerstvo spravedlnosti ČR, n.d. Web. 12 Dec. 2012.
It brings new and modern regulation of relations governed by civil law, with emphasis on personality rights, free will / more choice when writing a will or unified regulation of obligation laws.


Case law

Theoretically, case law is not defined as a source of law in the Czech Republic. Despite that, the decisions of courts, namely supreme courts and the Constitutional Court, have a significant influence over the Czech legal system since 1989. Findings of the Constitutional Court are considered a source of law, and are binding for general courts. If a lower court is to rule against "consistent adjudications" of the Supreme Court on the point of law, it must give detailed reasoning, and this can often be a reason for a successful appeal. This system is largely based on judiciary's own interpretation of the Constitution, arguing that it gives citizens predictability and fairness. The most significant judgements of both courts are published in the official Collection of Laws.Czech Republic. Constitutional Court
"Introduction. "
''The Constitutional Court of the Czech Republic. '' Ústavní soud ČR, n.d. Web. 03 Jan. 2013.


History

In
Czech lands The Czech lands or the Bohemian lands ( cs, České země ) are the three historical regions of Bohemia, Moravia, and Czech Silesia. Together the three have formed the Czech part of Czechoslovakia since 1918, the Czech Socialist Republic since ...
, the process of formation of modern legislation dates back to the era of enlightened absolutism, when they were a core part of the
Austrian Empire The Austrian Empire (german: link=no, Kaiserthum Oesterreich, modern spelling , ) was a Central-Eastern European multinational great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs. During its existence ...
. Reforms of government were to a large extent the work of empress Maria Theresa and her son
Joseph II Joseph II (German: Josef Benedikt Anton Michael Adam; English: ''Joseph Benedict Anthony Michael Adam''; 13 March 1741 – 20 February 1790) was Holy Roman Emperor from August 1765 and sole ruler of the Habsburg lands from November 29, 1780 un ...
, who participated in creating the first civil code of the country in 1787, called Josephinisches Gesetzbuch. This was a forbearer to the comprehensive codification of civil law in 1811, known as the Allgemeines bürgerliches Gesetzbuch (ABGB). ABGB was received in 1918 by Czechoslovakia, among other successor states, but only for Czech lands (Bohemia, Moravia and Austrian Silesia), while Slovakia kept the customary law of Hungary. Albeit updated many times, this Austrian law was kept in Czechoslovakia, along with the legal duality, until 1950, when the "Middle Civil Code" was promulgated, soon to be superseded by the civil code of 1964, which will be in force until the "New Civil Code", enacted in 2009, will enter in force in 2014. Following in the tracks of their enlightenment predecessors, the Constitutio criminalis Josephina of 1707 and the Constitutio criminalis Theresiana of 1768, the most important Czechoslovakian
criminal code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
s were enacted in 1950, 1961 and 2009. The history of Czechoslovak constitutionality starts with the formation of independent
Czechoslovakia , rue, Чеськословеньско, , yi, טשעכאסלאוואקיי, , common_name = Czechoslovakia , life_span = 1918–19391945–1992 , p1 = Austria-Hungary , image_p1 ...
out of the ruins of
Austria-Hungary Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
. In 1918, the Interim Constitution of Czechoslovakia has been enacted hastily, establishing the republic with its president and temporary parliament. The
Czechoslovak Constitution of 1920 After World War I, Czechoslovakia established itself and as a republic and democracy with the establishment of the Constitution of 1920. The constitution was adopted by the National Assembly on 29 February 1920 and replaced the provisional constit ...
succeeded it, inspired by western democratic constitutions, and, controversially, postulating the Czechoslovak nation. This lasted over the First Republic and the second world war. In 1948, the so-called Ninth-of-May Constitution was enacted after the communist coup – preserving some democratic institutions (human rights, partial division of the three powers, independent judiciary), though the political reality of the country departed from it radically. The 1960 Constitution of Czechoslovakia, influenced by soviet constitutions, is often dubbed the "Socialist Constitution". It changed the name of the country to Czechoslovak ''Socialist'' Republic and defined socialist, rather than democratic, character of the state, and introduced the leading role of the
Communist Party of Czechoslovakia The Communist Party of Czechoslovakia ( Czech and Slovak: ''Komunistická strana Československa'', KSČ) was a communist and Marxist–Leninist political party in Czechoslovakia that existed between 1921 and 1992. It was a member of the Comint ...
. The 1960 constitution remained in force until 1992, although in 1968 it was substantially modified by the Constitutional Act on the Czechoslovak Federation – this transformed the unitary state into a federation of the
Czech Socialist Republic The Czech Socialist Republic ( cs, Česká socialistická republika, ČSR) was a republic within the Czechoslovak Socialist Republic. The name was used from 1 January 1969 to November 1989, when the previously unitary Czechoslovak state changed ...
and the
Slovak Socialist Republic The Slovak Socialist Republic ( sk, Slovenská socialistická republika, SSR) was from 1969 to 1990 a republic within the Czechoslovak Socialist Republic, when previously unitary Czechoslovak state changed into a federation. The name was used fr ...
. Further radical modifications were enacted after the regime change of 1989, but they turned out to be short-lived, as in 1992 the
Constitution of the Czech Republic The Constitution of the Czech Republic ( cs, link=no, Ústava České republiky) is the supreme law of the Czech Republic. The current constitution was adopted by the Czech National Council on 16 December 1992. It entered into force on 1 Januar ...
has been promulgated after the division of Czechoslovakia, and entered into force in 1993.


Sources and further reading


Statutes in Czech


References


Literature

* Karabec, Z., J. Vlach, S. Diblíková, and P. Zeman.
Criminal Justice System in the Czech Republic.
' Prague: Institute of Criminology and Social Prevention, 2011. Print. Sources.


External links



maintained by
International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...

Czech Laws in English (Zákony anglicky).
– a collection of unofficial translations of Czech statutes (of varying quality) maintained by a professional translator *
Vyhledávání v zákonech
– an official online collection of Czech states published by the Czech government {{Law of Europe Law of the Czech Republic Legal systems