K otázce podjatosti soudce Ústavního soudu v řízení o ústavnosti právního předpisu
On the question of prejudice of a judge of the Constitutional Court in proceedings concerning constitutionality of a legal regulation

Summary/Abstract: The question of the bias of a judge of the Constitutional Court in proceedings on the legality of a legal regulation pursuant to Article 87 para. a) and b) of the Constitution of the Czech Republic was (and will continue to be) one of the controversial issues of constitutional procedural law. Therefore, I consider it necessary to draw attention to the situation that occurred during the oral hearing in the plenary of the Constitutional Court on 18 June 2002 in the case of Pl. ÚS 7/02. At this hearing, the bias of three judges of the Constitutional Court was objected to by a representative of the Chamber of Deputies in proceedings on the constitutionality of certain provisions of Act No. 6/2002 Coll., On Courts and Judges, as amended by Act No. 151/2002 Coll. He justified his objection only by attending a public hearing in the Senate on November 8, 2001, the subject of which was the draft law on courts and judges, which was submitted to the Senate for consideration.

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