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Competences

The Constitutional Court has jurisdiction (pursuant to Article 87 paragraphs 1 and 2 of the Constitution):

  • to annul statutes or individual provisions thereof if they are in conflict with the constitutional order;
  • to annul other legal enactments or individual provisions thereof if they are in conflict with the constitutional order or a statute;
  • over constitutional complaints by the representative body of a self-governing region against an unlawful encroachment by the state;
  • to decide jurisdictional disputes between state bodies, state bodies and bodies of self-governing regions, and between bodies of self-governing regions, unless that power is given by statute to another body;
  • over constitutional complaints of natural or legal persons against final decisions or other encroachments by public authorities infringing constitutionally guaranteed fundamental rights and basic freedoms;
  • over remedial actions from decisions concerning the certification of the election of a Deputy or Senator;
  • to resolve doubts concerning a Deputy or Senator’s loss of eligibility to hold office or the incompatibility under Article 25 of some other position or activity with holding the office of Deputy or Senator;
  • over a constitutional charge brought by the Senate against the President of the Republic pursuant to Article 65, paragraph 2;
  • to decide on a petition by the President of the Republic seeking the revocation of a joint resolution of the Assembly of Deputies and the Senate pursuant to Article 66;
  • to decide on the measures necessary to implement a decision of an international tribunal which is binding on the Czech Republic, in the event that it cannot be otherwise implemented;
  • to determine whether a decision to dissolve a political party or other decisions relating to the activities of a political party is in conformity with constitutional acts or other laws; and
  • to decide concerning the conformity with the constitutional order of a treaty under Article 10a or Article 49, prior to the ratification of such treaty.

The Constitutional Act on the Referendum on the Czech Republic’s Accession to the European Union (No. 515/2002 Sb.) entrusted the Constitutional Court with two further powers, which, in view of the results of the actual referendum held in  2002, are no longer applicable [this jurisdiction stipulated in Article 87 paragraph 1 letter l) and m) has been formally repealled by the Constitutional Amendment No. 71/2012 Sb.], and these were:

  • to make decisions on remedial actions from a decision of the President of the Republic declining to call a referendum on the Czech Republic's accession to the European Union; and
  • to determine whether the manner in which a referendum on the Czech Republic's accession to the European Union was held is in harmony with the Constitutional Act No. 515/2002 Sb., and with the statute issued in implementation thereof.

NALUS

 
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