K některým otázkám zastavení řízení před Ústav­ním soudem
Some Aspects of Stoppage of Proceedings before the Constitutional Court as Reflection of the Principles of Disposition And Officiality

Summary/Abstract: The author analyses tbe application of the principles of disposition and officiality to stoppage of proceedings before the Constitutional Court. He deals in particular with proceedings in which action can be taken back and pays most attention to the disputable issue whether action can be taken back in proceedings on constitutio­nality of acts or other legal provisions. He draws conclusion that it is not possible because the Consitutional Court Act does not allow this. Public interest and the principle of legal state, compared to other types of proceedings, take precedence and the Constitutional Court has to finish any started proceedings. The author points out that even constitutional complaint may protect public interest and does not necessarily have to concern private interest of an individual only. On the other hand, there are situations in proceedings on constitutionality of legal regulations when plaintiff is entitled to claim stoppage of proceedings. Thus, it is more appro­priate to leave it at the discretion of tbe Constitutional Court in most proceedíngs (except constitutional action against the President) whether they admit stoppage of proceedings.

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