The High Court in Prague is one of two high courts in the Czech Republic and acts as a court of second instance in matters in which a regional court sat at first instance.
The High Court in Prague is one of the high courts in the Czech Republic. Together with the High Court in Olomouc it belongs to the court system which, according to the Ministry of Justice, consists of high, regional and district courts and, above them, the Supreme Court of the Czech Republic and the Supreme Administrative Court of the Czech Republic.[1]
Place in the court system
Both supreme courts sit in Brno, and the high courts sit in Prague and Olomouc.[1] Civil and criminal proceedings follow the principle of two instances. A case is decided at first instance as a rule by a district or borough court, and an appeal is heard by a court of higher instance. Against its decision no ordinary remedy is admissible.[1]
In matters determined by law, for example in serious criminal cases, a regional court acts at first instance. The court of second instance is then the high court.[1]
Judges and the judicial council
The judiciary is independent, and the constitution guarantees the independence of the exercise of the office of judge. In deciding, a judge is bound only by law. A judge is entitled to examine whether a sub-statutory regulation, for example a government regulation or a ministry decree, is consistent with the law.[1]
A professional judge is appointed by the President of the Czech Republic on the proposal of the Minister of Justice without a time limit. He or she takes office after taking an oath before the President. The court decides in a panel composed of professional judges and, where the law permits, also with lay judges, whose vote carries the same weight as the vote of the presiding judge.[1]
At high courts, as at other courts with more than ten judges, there are judicial councils with a five-year term of office. They give opinions, among other things, on candidates for president and vice-president of the court, on the judge to whom a case will be assigned or to where a judge will be transferred, and on the court's work schedule.[1]