Czech Legal Culture

How does the Czech judiciary work?


Presentation: https://prezi.com/oh8p4391hsoq/czech-judiciary/


Constitutional Court 

Competences: https://www.usoud.cz/en/competences/

Legal basis: https://www.usoud.cz/en/legal-basis/

Constitutional Court Act: https://www.usoud.cz/fileadmin/user_upload/ustavni_soud_www/Pravni_uprava/AJ/ConstitutionalCourtAct_1.pdf


Supreme Court


General information: http://www.nsoud.cz/Judikatura/ns_web.nsf/Edit/TheSupremeCourt~GeneralInformation?Open&area=The%20Supreme%20Court&grp=General%20Information&lng=EN

Guide to proceedings:  

http://nsoud.cz/Judikatura/ns_web.nsf/web/DecisionMaking~GuideonProceedings~Extraordinary_Appeal_Proceedings_Pursuant_to_the_Rules_of_Civil_Procedure~?openDocument&lng=EN 


Supreme Administrative Court

General information: http://www.nssoud.cz/-p-General-Information-p-/art/557?menu=173

Procedural Guide: http://www.nssoud.cz/The-Procedural-Guide/art/5



General Judiciary (Ordinary Courts)


It has three levels: courts of first instance, courts of second instance and Supreme Court. These levels are occupied by district courts, regional courts, high courts and the Supreme Court of the Czech Republic.

Criminal and civil cases may start either at the level of district court or at the level of regional court. If the case starts at the level of regional court then the regional court acts as a court of first instance. 

When does a case start at the level of regional court? 

  • criminal matters but only if the penalty exceeds 5 years of imprisonment
  • employment matters


Unless acting as courts of first instance, regional courts act as appelate courts (courts of second instance) for decisions made by district courts. 

High courts decide cases of appeals against decisions made by regional courts (if acting as courts of first instance)


When dissatisfied with the decision of the court, we may use essentialy two types of remedies:

  • ordinary remedy - appeal to the court of second instance, or
  • extraordinary remedy - extraordinary appeal to the Supreme Court of the CZ


What can a court of second instance do with a first instance decision?

  1. Dismiss the appeal, i.e. agree with the decision of the court of first instance ( principle of appeal)
  2. Make a new decision, including new evaluation of evidence (principle of appeal)
  3. Repeal the decision of the court of first instance and ask it to make a new decision (cassation) 


The Supreme Court has the same options listed above.


Administrative Judiciary


Administrative judiciary mainly reviews the decisions made by administrative bodies; their review is based on the legality (i.e. accordance with parliamentary statutes).

It has two levels: lower and upper. 

Administrative divisions of regional courts act as the lower level, the Supreme Administrative Court hears cassation claims against the decisions made by these administrative divisions of regional courts. 

As the name suggests, the decisions on cassation claims are made solely based on the cassation principle. The Supreme Administrative court may:

  • Dismiss the cassation claim, or
  • Repeal the decision of the regional court and ask it to make a new decision.


Additional sources

https://e-justice.europa.eu/content_judicial_systems_in_member_states-16-cz-en.do?member=1