ACT ON THE CONSTITUTIONAL COURT

of 16 June 1993, No. 182/1993 Sb.

(as amended by Acts No. 331/1993 Sb., 236/1995 Sb., 77/1998 Sb., 18/2000 Sb., 132/2000 Sb., 48/2002 Sb.,

202/2002 Sb., 320/2002 Sb., 114/2003 Sb., 83/2004 Sb.)

(...)

FOURTH DIVISION

Proceedings in Remedial Actions against a Decision Concerning the Certification of the Election of a Deputy or a Senator Remedial Actions

§ 85

(1) A remedial action, under Article 87 para. 1, lit. e) of the Constitution, against a decision concerning the certification of the election of a Deputy or a Senator (hereinafter "remedial action") may be brought by:

a) a Deputy, a Senator, or the electoral party for which the Deputy or Senator stood as a candidate, against a decision that she was not validly elected;

b) a person whose electoral complaint, pursuant to the elections law, was granted against a decision of the appropriate chamber of the Parliament, or a body thereof, concerning the certification of the validity of a Deputy's or Senator's election.

(2) A person authorized to bring a remedial action may lodge one within ten days of the day she was notified of a decision pursuant to paragraph 1.

§ 86

The Court shall always hold an oral hearing in remedial actions under § 85.

§ 87

In all other respects, the general provisions of this Statute concerning petitions to institute a proceeding shall apply to remedial actions, and the general provisions of this Statute concerning petitioners to the persons who bring a remedial action.

§ 88

Parties and Secondary Parties to a Proceeding

(1) The body which adopted the decision that a Deputy or Senator was or was not validly elected shall also be a party to the proceedings in a remedial action.

(2) If a Deputy or Senator lodges a remedial action under § 85 para. 1, lit. a), the electoral party for which that Deputy or Senator stood as a candidate shall be a secondary party to the proceeding. If a remedial action is brought by an electoral party, the Deputy or Senator to whom the remedial action under § 85 para. 1, lit. a) relates shall be a secondary party to the proceeding.

(3) A Deputy or Senator shall also be a secondary party to a remedial action under § 85 para. 1, lit. b), if the remedial action is brought against the certification of her election.

§ 89

The Exclusion of Suspensive Effect

Remedial actions against a decision concerning the certification of the election of a Deputy or a Senator shall not have suspensive effect.

§ 90

Dismissal of an Action

(1) In a remedial action under § 85 para. 1, lit. a), the Court shall dismiss the action if the party which brought the action withdraws it.

(2) In a remedial action under § 85 para. 1, lit. b), the Court shall dismiss the action if the party who brought the action withdraws it or if the Deputy or Senator to whom the action relates relinquishes his seat.

(3) The Court shall also dismiss the action in the event that the Deputy or Senator to whom the action relates dies. If that person's spouse or a relative in the direct line seeks the continuation of the action within one month of the death, it shall be resumed.

§ 91

The Judgment and its Legal Consequences

(1) In its judgment, the Court shall either grant or deny the remedial action.

(2) If the Court grants the remedial action, it shall declare in its judgment that,

a) the Deputy or Senator was validly elected, if it is deciding an action under § 85 para. 1, lit. a), or

b) the Deputy or Senator was not validly elected, if it is deciding an action under § 85 para. 1, lit. b).

(3) Upon the announcement, pursuant to § 56, of the Court?s judgment granting the action, the decisions of other authorities which are in conflict with the judgment, shall lose force and effect.

(4) The presiding Justice shall prepare a certificate of the statement of the judgment, which she shall present to all parties and secondary parties attending.

FIFTH DIVISION

Proceedings in Cases of Doubt concerning a Deputy or Senator's Loss of Eligibility for Office or the Incompatibility under Article 25 of the Constitution of some other Position or Activity with Holding that Office

§ 92

Submission of Petitions

(1) Where doubt exists as to whether or not a Deputy or Senator has lost the right to his seat for the reasons stated in Article 25 lit. d) or f) of the Constitution, petitions requesting a determination of whether the Deputy or Senator has lost the right to his seat may be submitted to the Court by:

a) the Deputy or Senator whose seat is at issue;

b) the Chairperson of the Assembly of Deputies, if the petition concerns a Deputy, or the Chairperson of the Senate, if it concerns a Senator;

c) a group of at least 20 Deputies, if the petition concerns a Deputy, or a group of at least 10 Senators, if it concerns a Senator.

(2) The provisions of § 64 para. 4 apply analogously.

§ 93

Parties to the Proceeding

In a proceeding concerning whether a Deputy or Senator has lost the right to his seat, the Deputy or Senator whose seat is at issue shall always be a party, as shall the Chairperson of the Assembly of Deputies, if the petition concerns a Deputy, or the Chairperson of the Senate, if it concerns a Senator, even if they are not the petitioner.

§ 94

Proceedings

(1) The Court shall always hold an oral hearing for petitions under § 92 para. 1.

(2) The Court shall discontinue the proceeding if the petitioner withdraws his petition or if the Deputy or Senator whose seat is at issue acknowledges that he has lost his seat.

(3) The Court shall also discontinue the proceeding in the event of the death of the Deputy or Senator to whom the appellate remedy relates. If that person's spouse or a relative in the direct line seeks the continuation of the proceeding within one month of the death, it shall be resumed.

§ 95

Judgments

(1) In its judgment, the Court shall either hold that the Deputy or Senator has lost her seat for the reasons stated in Article 25 lit. d) or f) of the Constitution, or it shall declare that the petitioner has not adduced facts which would constitute grounds for the loss of a seat under Article 25 lit. d) or f).

(2) The presiding Justice shall prepare a certificate of the statement of the judgment, which he shall present to all parties attending.

(...)