Judiciary of the Czech Republic

The Judiciary of the Czech Republic is set out in Constitution, which defines courts as independent institutions within the traditional framework of checks and balances.

The whole Chapter Four of the Constitution of the Czech Republic is dediacted to defining the role of the judicial power in the Czech Republic. It states the main function of courts of law is the protection of rights in a manner defined by legislation, and gives them sole responsibility for deciding guilt and penalty for criminal offences. Courts are defined as independent, although their administration is in the hands of the Ministry of Justice.

Czech courts are presided over by professional judges, who are named for life by the President and normally may not be recalled or transferred against their will.

The Czech Republic has a four-tier system of courts and two-instance proceedings.

Majority of higher courts are seated in Brno, so as to provide a counterbalance to the concentration of power in the capital (pragocentrismus).

While the broad strokes are set out in the Constitution and the Charter of Fundamental Rights and Basic Freedoms, the organization of the judiciary is detailed in the Act No. 6/2002 Coll. on Courts and Judges.

The four tiers of Czech courts are:

There are three different jurisdictions:

The latter two are specialised jurisdictions – if a matter is not assigned to them specifically (by legislation), it will be dealt with the courts of general jurisdiction.

The Constitutional Court of the Czech Republic (Ústavní soud České republiky) stands outside the general courts structure. Its status and powers are enshrined directly in the Constitution of the Czech Republic. It is the judicial body responsible for constitutionality and the protection of fundamental human rights and freedoms that arise from constitutional order of the Czech Republic and to guarantee the constitutional character of the exercise of state power.

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Wikipedia