Jan Grinc

Adjudication of Jurisdictional Disputes as a Joker of Article 87 of the Czech Constitution.

Jurisprudence 1/2014 Section: Treaties Page: 5-15

Keywords: competence distutes, constitutional court, case law

Abstract: The contribution analyses and categorizes the case-law of the Constitutional Court in the proceedings according to Article 87(1)(k) of the Constitution of the Czech Republic. In several controversial decisions, the Constitutional Court adopted a very broad concept of jurisdictional dispute that comes close to the German dispute on the scope of rights and duties of constitutional bodies (Organstreitverfahren) and potentially turns this type of proceedings into a subsidiary instrument for the resolution of various conflicts between constitutional actors.