Závaznost rozhodnutí Ústavního soudu z pohledu doktríny a judikatury
Binding Decision of the Constitutional Court in Terms of Doctrine and Jurisprudence

Summary/Abstract: The Constitutional Court is the main interpreting body of the Constitution and one of its functions is to unify its own case-law. The article deals with the question of the binding force of its decisions. It submits a summary of opinions presented by the legal doctrine and the Constitutional Court itself. It is necessary to distinguish which forms and parts of the decisions are binding and whether a decision is binding in a particular case (inter partes) and in other similar cases (erga omnes). The Czech law does not contain a formal system of precedents but it is generally accepted that a verdict and a ratio decidendi of the Constitutional Court (“findings”) are binding. Attention in the article is also focused on a possibility to change a previous legal opinion of the Constitutional Court.

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