Introduction

• Author: Jakub Tomsej
• Pages: 11-12

11

INTRODUCTION

The national legal system

Czech law consists of ordinary (statutory) law and constitutional law. The main source of

the Czech constitutional law is the Czech Constitution (Act No. 1/1993) and the Charter of

Fundamental Rights and Freedoms (Act No. 2/1993, the Charter). The Charter plays a

critical role in the protection of individuals against discrimination.

The only body competent to interpret the Charter with binding effect is the Constitutional

Court.20 The Constitutional Court can only deliver such interpretation through a judicial

decision.

The Constitutional Court has the jurisdiction to annul laws and other legal enactments if

they are in conflict with the Charter, Constitution or constitutional laws.21 According to the

Constitutional Court, it also has a jurisdiction to do so when such laws are in conflict with

international treaties on human rights.22

If conflict between a law and the constitutional order arises in a lower court, its judge is

obliged to refer the case to the Constitutional Court.23 However, in a case of conflict

between Czech law and EU law, even the lower courts must apply EU law as a matter of

priority.24 All ordinary laws are on a lower level of the hierarchy and are equal to each

other. Ordinary laws are superior to decrees of the Ministries or Government Resolutions,

which can only regulate issues if ordinary laws expressly allow this.

List of main legislation transposing and implementing the directives

Act No. 2/1993, Charter of Fundamental Rights and Freedoms

Abbreviation: Charter

Latest amendment: Constitutional Act No. 162/1998, in force since 1 January 1999

Grounds covered: sex, race, colour, language, religion or belief, political or other

orientation, national or social origin, adherence to national or ethnic minority, property,

birth or other status25

Material scope: fundamental rights declared by the Charter

Act No. 198/2009, Anti-Discrimination Act

Abbreviation: Anti-Discrimination Act

Date of adoption: 23 April 2009

Grounds covered: race, ethnic origin, ‘nationality’ ( národnost), sex, sexual orientation,

age, disability, religion or belief

Material scope: public employment, private employment, access to goods or services

(including housing), social protection, social advantages, education

Act No. 361/2003, on service by members of the security forces

Abbreviation: Act on service by members of the security forces

Date of adoption: 23 September 2003

20 Constitution of the Czech Republic, 1 January 1993, Article 89(2): ‘Enforceable rulings of the Constitutional

Court shall be binding for all agencies and individuals.’

21 The jurisdiction of the Constitutional Court to annul laws stems from Article 87(1) of the Czech Constitution.

22 Constitutional Court (Ústavní soud) No. Pl. ÚS 36/01, 25 June 2002. All case law of the Constitutional Court

can be found at: http://nalus.usoud.cz/Search/Search.aspx.

23 According to Article 95(2) of the Czech Constitution.

24 Constitutional Court, No. Pl. ÚS 19/04, 21 February 2006;

http://nalus.usoud.cz/Search/GetText.aspx?sz=Pl-19-04.

25 Sexual orientation has not yet been expressly confirmed as a discrimination ground under the Charter.

However, in the 2016 judgment regarding adoption by same-sex couples, the Constitutional Court referred

to Article 1 of the Charter, which states that all individuals shall be equal in their rights and dignity

(Constitutional Court, Pl. ÚS 7/15, 14 June 2016;

http://nalus.usoud.cz/Search/ResultDetail.aspx?id=93271&pos=1&cnt=1&typ=result).