Journal of the Charles University Law Faculty
Ondřej Vodehnal
Author’s affiliation:
Faculty of Law, Charles University in Prague
Systemic Changes in Constitutional Complaint Proceedings in the Czech Republic
Jurisprudence 3/2025 Section: Articles Page: 22-30
DOI: https://doi.org/10.71372/AWYS4329
Keywords: Constitutional judiciary, constitutional complaint, constitutional complaint proceeding
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.
