Journal of the Charles University Law Faculty
Františka Magdalena Drozdeková
Author’s affiliation:
Faculty of Law, Charles University in Prague
The role of Czech presidents in proceedings before the Constitutional Court
Jurisprudence 3/2024 Section: Articles Page: 54-61
Keywords: Constitutional Court of the Czech Republic, President of the Czech Republic, Václav Havel, Václav Klaus, Miloš Zeman, annulment proceedings, constitutional complaint proceedings
Abstract: The paper deals with the specific relationship between the Constitutional Court of the Czech Republic and the President of the Republic, who has an exceptional position in the proceedings before the Constitutional Court. Firstly, the two main proceedings, in which the President acts before the Constitutional Court, i.e. as the petitioner in the annulment proceedings and as a party or intervener in the constitutional complaint proceedings, are described. Using some of the Court's landmark decisions, the paper outlines the evolution of the unique relationship between the President and the Constitutional Court. Subsequently, the terms of office of three Czech Presidents are characterized and compared. The last part of the paper consists of an assessment of possible reasons for the development of the relationship between the President and the Constitutional Court.
