SUMMARY chapter 1 cz

National law – CZ – Legal system – module 1

The character of the Czech state summarizes the first article of the Constitution of the Czech Republic, stating that the Czech Republic is a democratic, sovereign, unified, legal state. At the same time, the democratic attribute means that public power is exercised through representatives who are elected in free parliamentary elections. The fact that the state is sovereign means that the Czech authorities cannot have the sovereignty of an international body. The Czech Republic is the united state because it is not divided according to a federal arrangement. Finally, the legal state means that the state authorities must comply with the law. They have to rule the law, not the specific authorities or the officials and their interests.

Part of the legal order or legal branches, where appropriate, are also legal principles = certain rules = ignorance of the law, the later act repeals the earlier law, in doubt in favor of the accused, the law does not act retroactively, special regulation cancels the legal regulation in general, the law of higher legal force cancels the law lower legal power, impossible, no one is bound, no crime, no punishment without law, contracts must be observed, no harm to others.

Czechoslovakia ceased to exist in the peace process on 31 December 1992. The former National Republic has taken over the legal order of the divestiture federation and divided its assets and liabilities. On March 12, 1999, the Czech Republic was admitted to NATO and on 1 May 2004 it joined the European Union. In 2004, it acceded to the Schengen agreements, which became part of the Schengen area on 21 December 2007.

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.

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