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, 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 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 are: legal regulations (acts of parliament, as well as delegated legislation), international treaties (once they have been ratified by the parliament and promulgated), and such findings of the Constitutional Court of the Czech Republic, in which a statute or its part has been nullified as unconstitutional. 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 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 derived legislation: government ordersalso translated as government decrees () and notifications of ministriessometimes orders of ministries (); legislative acts of territorial self-government bodies: regional ordinancesor byelaws, if you prefer () and municipal ordinances ()
Acts of parliament and other legal regulations enter into force on the day they are promulgated (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.).Official online version of Collection of Law and Collection of International Treaties
Constitutional law
Czech constitution 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 Republic Resolution No. 2/1993 Coll. [...] incorporating Charter of Fundamental Rights and Basic Freedoms [...]In full: Resolution no. 2/1993 Coll. of the Presidium of the Czech National Council of 16 December 1992 on the declaration of the Charter of Fundamental Rights and Basic Freedoms as a part of the constitutional order of the Czech Republic Constitutional Act No. 110/1998 Coll. on the Security of the Czech Republic Constitutional Act No. 347/1997 Coll. on the Creation of Higher Territorial Self-Governing Units
The 1992 Constitution of the Czech Republic 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. It gives the legislative power to the popularly elected Czech Parliament consisting of two chambers, the Chamber of Deputies and the Senate. The executive power is divided between the President and the Prime Minister. It describes the functioning of the judiciary, especially the Constitutional Court. Two more institutions are established, the Czech National Bank and the Supreme Audit Office.
The Charter of Fundamental Rights and Basic Freedoms () is a bill of rights 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.which amends the Constitutional Act No. 1/1993 Coll., the Constitution of the Czech Republic as amended by subsequent constitutional acts
International treaties
On joining the European Union, the Czech Republic committed itself to respect the principle of the supremacy of European law over Czech law in defined areas.Czech Republic. Ministry of Foreign Affairs. "The System of Independent Courts . " Hello Czech Republic (Czech Republic - The Official Website) . Ministry of Foreign Affairs, 01 Jan. 2010. Web. 07 Dec. 2012.
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 Code Act No. 141/1961 Coll., the Criminal Procedure Codesometimes rendered as Code of Criminal Justice Act No. 218/2003 Coll., on Juvenile Criminal Justice
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 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 contraventions ().The word přestupek (pl. přestupky) can be found translated variously, even in official translations, as infraction, administrative infraction, administrative offence, offence (!), offence, transgression, misdemeanour, or violation. 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 Contraventions
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 Them
Civil law
Main statutes regulating this area are:
Act No. 89/2012 Coll. the Civil CodeZákon č. 89/2012 Sb. občanský zákoník Act No. 99/1963 Coll. the Civil Procedure Codesometimes rendered Code of Civil Justice Act No. 500/2004 Coll. the Administrative Procedure CodeZákon č. 500/2004 Sb. správní řádalso Code of Administrative Procedure
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, it explicitly prohibits adoption to a person in a registered partnership."Zákon 89/2012 občanský zákoník. " Sbírka zákonů. 03 Feb 2009. 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. 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