According to the Constitution, the Justices of the Constitutional Court are appointed by the President of the Republic with the consent of the Senate of the Parliament of the Czech Republic (hereinafter “Senate”). The President of the Republic selects a candidate whose name is then sent, through the Office of the President of the Republic, to the Senate with a request to express its consent to her appointment as a Justice of the Constitutional Court.
The Chairperson of the Senate submits the request to the Committee on Agenda and Procedure and distributes it to all Senators and Senate caucuses.
The Committee on Agenda and Procedure assigns the consideration of the request to the Committee on Legal and Constitutional Affairs and the Committee on Education, Science, Culture, Human Rights and Petitions (it can be assigned also to other committees). Following debate, the committees adopt a resolution recommending how the Senate should decide on the request. Subsequently, the rapporteurs of both committees, as well as the candidate for the office of Justice, appear at a Senate session. The Senate vote deciding on the request can be held either publicly or secretly. Consent to the appointment of the candidate as a Justice of the Constitutional Court is given if a simple majority of Senators present vote in favor.
If the Senate gives its consent, the President appoints the candidate a Justice of the Constitutional Court, and the candidate thereby becomes a Justice of the Constitutional Court. The Justice enters into the performance of her office by taking the constitutionally-prescribed oath of office, administered by the President.
It is an indispensable condition to holding office that an appointed Justice of the Constitutional Court take the constitutionally-prescribed oath of office, administered by the President. In the case that she does not take the oath of office, or does so with reservations, the candidate does not become a Justice of the Constitutional Court.
The oath of office of a Justice of the Constitutional Court is as follows:
„I pledge upon my honor and conscience that I will protect the inviolability of natural human rights and of the rights of citizens, adhere to constitutional acts, and make decisions according to my best convictions, independently and impartially“.