Czech Constitution Court has cancelled the early election

10. 9. 2009

In response to a complaint by Czech Member of Parliament Miloš Melčák, the Czech Constitution Court has abolished the Constitutional Act which had shortened the current Parliament's term of office after a parliamentary vote of non-confidence, in preparation for an early general election which was supposed to have taken place on 9th and 10th October 2009.

It is the first time in Czech legal history that the Constitutional Court has abolished a Constitutional Act which had been adopted by a three-fifth majority of MPs. By doing so, the Constitutional Court has re-asserted its authority over Parliament. It emphasised that it has the right to examine, and, if need, be, to strike off the register even Constitutional Acts, if they are adopted "against the spirit of the Law" by Czech Parliament.

The Act was abolished because it was a retrospective and ad hoc decision, said the Constitutional Court. "Not even lawmakers are free to promulgate "laws" which do not have the required characteristics of a law, said the Constitutional Court.

The Czech Parliament has, in the meantime, been working on re-drafting the Constitution to lead the country out of the constitutional crisis. The re-drafted Constitutoion will probably be approved by Parliament on Friday. This would make it possible for the general election to take place on 6th and 7th November 2009.

Vytisknout