Notes on the decision-making procedure of the plenary session of the Constitutional Court Cover Image

Poznámky k proceduře rozhodování pléna Ústavního soudu
Notes on the decision-making procedure of the plenary session of the Constitutional Court

Author(s): Vojtěch Šimíček
Subject(s): History of Law, Constitutional Law, Law and Transitional Justice, Political Sciences, Governance, Scientific Life, Court case
Published by: Masarykova univerzita nakladatelství
Keywords: Constitutional Court; plenary session; decision-making; quorum; annulment; legislative changes;

Summary/Abstract: The article discusses the procedural aspects of decision-making by the plenary session of the Constitutional Court of the Czech Republic. It highlights the division of cases between the plenary session and smaller panels, emphasizing the importance of the plenary session in deciding the most serious cases, such as the annulment of laws and constitutional complaints. The article also addresses the quorum requirements and the challenges in interpreting legal provisions related to decision-making. It critiques the current practice of the Constitutional Court, suggesting that the existing procedures may not cover all potential scenarios and proposing possible improvements. The author argues for a consistent approach to decision-making, whether the outcome is to annul or uphold a law, and stresses the need for a qualified majority in significant cases. The discussion includes examples of past decisions and differing opinions among judges, illustrating the complexities and potential inconsistencies in the Court's practice. The article concludes by suggesting that legislative changes might be necessary to ensure clearer and more effective decision-making processes.

  • Issue Year: 5/1997
  • Issue No: 3
  • Page Range: 458-463
  • Page Count: 6
  • Language: Czech
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