The Czech Republic was part of the Austro-Hungarian Empire throughout most of the 19th century when it was also known as Bohemia. In 1918, after World War I and the empire’s fall, the independent state of Czechoslovakia was established, incorporating Bohemia, Moravia, and Slovakia. During World War II, Germany occupied northern Bohemia and Moravia as well as parts of south Silesia. The Soviet Union and United States defeated the Germans in Czechoslovakia in May 1945 and after the war, the Czech Communist Party established control of the country. Czechoslovakia became part of the Eastern Bloc, a group of countries in Central and Eastern Europe aligned politically, economically, and militarily with the Soviet Union.
Judicial System
The 1993 Czech Constitution sets forth a civil law system based on civil, criminal, commercial, labor, and procedural codes. The constitution and supplemental laws established a judiciary with a four-tier system of general jurisdiction courts, a specialized Supreme Administrative Court, and a Constitutional Court.
Lower Courts
District Courts
District courts hear first-instance cases involving civil, family, employment, and criminal matters. Cases are typically heard by a single judge, but more serious criminal cases are decided by a chamber consisting of a presiding judge and two lay judges.
Regional Courts
Regional Courts hear both first instance cases and appeals from district court judgments. In civil matters, they exercise first instance jurisdiction over cases involving foreign diplomats, copyright, intellectual property, and securities law. A single judge presides unless the applicable law requires that the president of the chamber hear the case with two judges. Civil appeals are hard by the president of the chamber and two judges. In criminal cases, regional courts exercise first instance criminal jurisdiction over serious crimes (those punishable by more than five years’ incarceration). One judge hears these cases with two lay judges. Criminal appeals are heard by the panel president and two judges. A panel of three regional court judges presides over administrative law cases.
Lay Judges
There are no jury trials in the Czech Republic, but lay judges are used in certain criminal cases in regional and district courts. Two lay judges sit with one presiding judge. Lay judges are elected by regional councils to four-year terms and must be 30 years old, have no criminal record, and be permanent residents in their district. According to Czech law, lay judges cannot be assigned to serve for more than 20 days per calendar year.
High Courts
The Czech Republic has two High Courts located in Prague and Olomouc. The High Courts review civil and criminal appeals from the regional courts. Appeals of administrative cases are heard by the Supreme Administrative Court. All cases in the High Courts are heard by panels of three judges unless otherwise provided by law.
Judicial Selection and Tenure
The Czech Republic amended its judicial selection procedure in 2023 to create more transparency. Applicants must be at least 30 years old, have no prior criminal convictions, a master’s degree in law, pass a professional judicial exam, and successfully complete a one-year judicial candidate program administered by the Czech Judicial Academy. The bar, notary, and professional bailiff exams all satisfy the requirement of a professional judicial exam. The selection procedure includes written, oral, and psychological examinations. Upon successful completion of the selection procedure, judges are appointed by the Czech President until the age of 70. Candidates may bypass the judicial candidate program if they have five years of experience as a public prosecutor, attorney, bailiff, notary, or have 10 years of experience in legal practice or another profession related to the legal sector.
Higher Courts
Supreme Court
The Supreme Court, seated in Brno, is the highest judicial authority for civil and criminal matters. It hears appeals from both Regional and High Courts as well as jurisdictional disputes between the lower courts. The Czech Minister of Justice may request a hearing before the Supreme Court to contest the legality of actions taken by a court or prosecutor.
The Supreme Court has over 70 judges divided into a civil and criminal division. Each division has a president responsible for organizing its activities. Cases are heard in panels of three. A Grand Panel of nine justices convenes when a three-judge panel reaches a decision inconsistent with a prior Supreme Court decision. The Court's plenary - the Court President, Vice-President, Heads of Divisions, Chairmen of Panels, and other selected judges - is responsible for overseeing internal court rules. Supreme Court Justices are appointed by the President and serve until the mandatory retirement age of 70. Nominees to the Court must have at least ten years legal experience and though experienced lawyers can be appointed to the Supreme Court most new justices have prior judicial experience.
Supreme Administrative Court
The Supreme Administrative Court is the highest court for administrative matters and has original and appellate jurisdiction. It hears cassation complaints against the decisions of the Regional Court chamber for administrative cases. The Supreme Administrative Court also has first instance jurisdiction over election disputes, the dissolution of political parties, and conflicts between public administration authorities. Cases are heard in panels of three, six, seven, or nine judges. The plenary, consisting of all the Court’s judges, oversees the court’s governance.
A special panel made up of Supreme Court and Supreme Administrative Court judges (three of each) reviews jurisdictional disputes between the two courts. Judges on the panel are selected by their court’s president for a three-year term. The Supreme Administrative Court has 40 members, including a President and Vice- President. All of the Court’s judges, including its leadership, are appointed by the President of the Czech Republic. Candidates must have at least ten years’ experience in the field of administrative law, whether in the regional administrative court, as a High Court judge who has reviewed administrative decisions, or as an attorney who has practiced in the field of administrative law.
Judicial Governance
The Czech judiciary does not have an independent governing body or judicial council; it is administered by the Ministry of Justice. Each court in the country has a Judicial Board comprised of a certain number of its judges. Created by statute, the boards provide guidance to the court president on the promotion and secondment of judges, the court’s caseload, and the case assignment process. Judicial Boards are independent but have a limited and advisory role.
Supreme Administrative Court Chambers on Judicial Discipline
Prior to 2008, responsibility for judicial conduct and discipline was entirely vested in the judiciary with only judges reviewing allegations of misconduct. A reform initiative created a six-person disciplinary chamber within the Supreme Administrative Court: three are judges, one is a prosecutor, one is a lawyer, and one is a legal professional. Four out of six votes are needed for chamber decisions. The chamber reviews complaints against judges and prosecutors. Complaints against a judge may be filed by the President of the Czech Republic, the Minister of Justice, or a court president. Complaints against prosecutors may be filed by the Ministry of Justice or Prosecutor General.
Constitutional Court
Seated in Brno, the Constitutional Court has fifteen members including a court president and two vice presidents. The Court reviews the constitutionality of legislation and state actions as well as complaints alleging a violation of constitutional rights. The Court has discretion as to which complaints to accept but must state reasons for rejecting a case. The Court also hears disputes involving state bodies and self-governing regions, adjudicates certain types of election cases, reviews decisions regarding the dissolution of political parties, facilitates the implementation of decisions made by international tribunals, and conducts pre-ratification review of treaties.
The court has four panels. Each panel has three justices, a presiding justice selected by the Court’s president for a one-year rotating term and two justices. The President and Vice-Presidents serve as substitute members of panels.
Constitutional Court justices are appointed for a single ten-year term by the President of the Czech Republic with the consent of the Senate, after a public hearing. Senate confirmation is not required for the appointment of the Court’s president and vice presidents. Candidates must be over 40 years of age with ten years of legal experience.
Public Defender of Rights
In 1999, the Czech government created the office of the Public Defender of Rights, appointing Dr. Otakar Motejl, former democracy advocate, justice minister, and chairman of the Supreme Court, as its first leader. The Public Defender of Rights is elected by the Chamber of Deputies (lower house of Parliament) from nominees selected by the President and Senate. The Defender serves a six-year term that can be renewed once. The Defender can investigate allegations of unlawful detention, monitor alleged discriminatory actions, and assess compliance with legal obligations regarding the disabled. Its findings and reports are advisory and not enforceable. It can file complaints in court as well as amicus curae. It also engages in training programs, awareness raising campaigns, and research projects.