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Draft amendment to Constitutional Act No. 110/1998 Coll. on the Security of the Czech Republic - summary

Publication at Faculty of Law |
2021

Abstract

The article discusses the draft amendment to Constitutional Act No. 110/1998 Coll. on the Security of the Czech Republic. This proposal was prepared by the Ministry of the Interior in response to the covid-19 epidemic and was submitted for comment on September 21st., 2020.

The article first addresses the inadequacy of partial constitutional changes and then recapitulates the shortcomings of the Constitutional Act discussed in the legal literature. In the third part, the article analyses whether the draft amendment eliminates these shortcomings, or whether it introduces new shortcomings.

Finally, the article rejects the draft amendment as inappropriate 1) for its partial nature, 2) for the removal of only a few existing shortcomings of the Constitutional Act on the Security, 3) for the introduction of two other shortcomings. Nevertheless, the Constitutional Act on the Security deserves a fundamental overhaul, but only after detailed and professional discussion.