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Does the Constitutional Court need rules of proceduře? Does the Constitutional Court need rules of procedure?

Publication at Faculty of Law |
2021

Abstract

The article deals - as the title suggests - with the question of whether the Constitutional Court needs, in addition to regulation by Act No. 182/1993 Coll., on the Constitutional Court, also to regulate some details by an internal regulation, i. e. the Rules ofProcedure. Aftera brief introduction to the issue, the first part introduces the relevant provisions of the Rules of Procedure of the Czechoslovak Constitutional Court which operated before the Second World War, and then the Rules of Procedure of the Constitutional Court of the Czech and Slovak Federal Republic.

The second part outlines the provisions that could and should be included in the Rules ofProcedure of the Constitutional Court of the Czech Republic. In conclusion, the authors regret that the majority of judges of the current Constitutional Court do not support the adoption of the Rules of Procedure.