Systémové změny v řízení o ústavní stížnosti

The Czech Republic (and briefly the Czechoslovak Federal Republic before that) has gained more than thirty years of experience with the institution of constitutional complaint. During that time, both its legal basis and practice have changed in various respects. The aim of this article is to bring several proposals for systemic changes in the constitutional complaint proceeding so that the protection of fundamental rights and freedoms by the Constitutional Court is more effective than before. The effectiveness of the protection of the rights and freedoms of complainants is the primary aspect of the article. Proposals to “relieve” the burden on the Constitutional Court are only a secondary, albeit undoubtedly welcome, effect.

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Publication Details

Journal
Jurisprudence
Published
2025-07-25
DOI
https://doi.org/10.71372/awys4329
Primary Topic
Ombudsman and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Systémové změny v řízení o ústavní stížnosti

Ondřej Vodehnal
1 links
Jurisprudence
Ombudsman and Human Rights
article

Systémové změny v řízení o ústavní stížnosti

Ondřej Vodehnal
article en

Abstract

The Czech Republic (and briefly the Czechoslovak Federal Republic before that) has gained more than thirty years of experience with the institution of constitutional complaint. During that time, both its legal basis and practice have changed in various respects. The aim of this article is to bring several proposals for systemic changes in the constitutional complaint proceeding so that the protection of fundamental rights and freedoms by the Constitutional Court is more effective than before. The effectiveness of the protection of the rights and freedoms of complainants is the primary aspect of the article. Proposals to “relieve” the burden on the Constitutional Court are only a secondary, albeit undoubtedly welcome, effect.

Jurisprudence(3)
Charles University (CZ)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
Ombudsman and Human Rights
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