National law – CZ – Legal system – module 1

The judiciary is in addition to the legislative power and executive power of one of the three branches of state power. The judiciary therefore performs specific state authorities, which are independent courts. Judicial power is not derived from any other state power but always from the sovereign that the citizens are in the democratic states as those from which the existence of state power and its legitimacy are based. The autonomy and independence of the judiciary is therefore also one of the basic features of the modern rule of law, and its exercise is therefore governed by certain general principles:

  • the principle of independence and impartiality of judges
  • the separation of judiciary and administration, looser ties in the organization of the courts, the binding of the court only by law, not by subordinate regulation, decision-making according to internal convictions and conscience, stems from the nature of the judicial power, the court as an unincorporated third party
  • Personal guarantees – judge, appointment of judges, irrevocability, incompatibility, untranslatable, disciplinary liability, employment status, criminal liability, immunity
  • procedural guarantees – impartiality, public, consistency, directness, free evaluation of evidence, secrecy of voting polls, senate decision-making
  • the principle of the exercise of justice only by the court
  • the judiciary is all that requires a solution only by an independent court, the exercise of justice belongs exclusively to the state, it means both the status of the court in the system of state bodies and the fundamental judicial protection of the violated or threatened rights and interests, the judiciary is exercised in the name of the republic, the constituted system of courts
  • it does not mean that other authorities (notaries, arbitrators, arbitration tribunals, court bailiffs) cannot decide – it is in case of dissatisfaction that they can go to court. Other authorities use elements of persuasion, only the court can enforce coercion
  • the principle of the legal judge
  • The jurisdiction of the court and the judge is laid down by the law, no one may be taken away from his lawful judge, and it is a legal regulation, not a subordinate – the direct influence is the legislative power not the executive. Determining the legal judge avoids any undue influence on the judge.
  • the principle of choir (senate) decision making
  • both judges and presiding judges can be held in the senate, connected with the principle of participation of laymen in court proceedings; in the case of a single judge, it is actually the exclusion of a lay member
  • the composition of the Chambers is determined by the Constitution
  • the parties have equal status before the court (including the state as a separate legal entity)

In the system of courts, there are no relations of superiority and subordination. In the Czech Republic, this system is four-member:

  • Supreme courts (namely the Supreme Court and the Supreme Administrative Court)
  • High courts
  • regional courts
  • District courts

The Constitutional Court is a special constitutional body of judicial type that protects constitutionality by assessing the conformity of both the laws and the decisions of other institutions with the Constitution on a qualified proposal.

  • Requirements for the court and judges are: a court established by law, independence, and impartiality.
  • Requirements for court proceedings: public, public declaration of the judgment, fair hearing, speed of proceedings,
  • Warranties of the accused: the presumption of innocence – the principle of presumption of innocence guaranteed in Article 6 2 of the Convention, is recognized as a criminal offense, such a person shall be considered as innocent unless proven guilty according to law

the right to be informed of the allegations – to make each accused acquainted in detail and urgently with the nature and cause of the charge in a language he understands

the right of defense – the other guarantor of the person against whom the criminal proceedings are brought is the right of defense, this right includes other rights and the right to adequate preparation of the defense, the right to defend itself or to choose the defense counsel, or the defense counsel under certain conditions

free assistance to the interpreter

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