Introduction

• Author: Koldinská, Kristina
• Pages: 5-6

5

1 Introduction

1.1 Basic structure of the national legal system

The Czech legal syste m belongs to the Germanic branch of continental legal culture.

Written law is the basis of the legal order and the most important sources of law are

legal regulations (acts of Parliament, as well as government or ministerial orders),

international treaties (once they have been ratified by Parliament and officially declared

as binding in the Collection of Internat ional Treaties) and such fin dings of the

Constitutional Court of the Czech Republic in which an act or a part thereof has been

nullified as being unconstitutional or confirmed to be constitutional.

There are general courts – district and regional courts (usually appeal courts), with

specialised senates, upper courts, a Supreme Court and a Supreme Administrative

Court. Regional courts are usually appeal courts. The Supreme Court and Supreme

Administrative Court us ually supervise procedural aspects and decide on extraordinary

remedies. The Constitutional Court oversees the con stitutionality of legislation, as well as

the case law of the general courts.

Legal c ompetence concerning gender equality is distributed among g overnment

institutions comprising the Ministry of Labour and Social Affairs;1 the Ministry of Justic e;2

and the Ministry of Education.3 These ministries are responsible for proposing laws and

acts implem enting the EU gender equality framework. It is difficult to say which of the

above-mentioned instit utions takes the lead on gender equality, a s each aspect is dealt

with by the most competent ministry. There is also the Government Council for Equal

Opportunities for Women and Men, a permanent government advisory body in the a rea

of creating equal opportunities for women and men, under the auspices of the Office of

Government.4 In addition, Pa rliament (composed of the Chamber of Deputies and the

Senate) is responsible for adopting laws and acts; only courts are responsible for m aking

decisions in individual cases.

The Public Defender of Rights5 is a Czech equality body , which is also responsible for

gender equality. The Public Defender of Rights cannot make decisions in individual cases,

but can only publish reports and opinions. These have moral weight, but are not legally

binding.

1.2 List of main legislation transposing and implementing the directives

The main general national legislation on gender equality and the prohibition of sex

discrimination comprises:

− Act No. 198/2009 Coll., on equal treatment and on th e legal means of protection

against discrimination and on an amendment to some laws (hereinafter the Anti-

Discrimination Act);

− Act No. 262/2006 Coll., Labour Code (hereinafter the Labour Code);

− Act No. 435/2004 Coll., on employment;

− Act No. 99/1963 Coll., Code of Civil Procedure (hereinafter the Code of Civil

Procedure);

− Act No. 349/1999 Coll., on the public defender of rights (hereinafter the Public

Defender of Rights Act).

1 Ministry of Labour and Social Affairs: www.mpsv.cz/en/.

2 Ministry of Justice: www.justice.cz/.

3 Ministry of Education, Youth and Sports: www.msmt.cz/?lang=2.

4 Government Council for Equal Opportunities for Women and Men: www.vlada.cz/cz/pracovni-a-poradni-

organy-vlady/rada-pro-rovne-prilezitosti/the-government-council-for-equal-opportunities-for-women-and-

men-29830/.

5 Public Defender of Rights: www.ochrance.cz/en/discrimination/.