Removal of the Chief Justice

Pl. U.S. 18/06 (2006)

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Removal of the Chief Justice

Czech Republic Constitutional Court
Pl. U.S. 18/06 (2006)

KS

Facts

In the Czech Republic, Act No. 6/2002 Coll., on Courts, Judges, Lay Judges, and the State Administration of Courts (the act on courts and judges) included language in § 106 para. 1 that allowed the chief judge or deputy chief judge to be removed from the bench for seriously or repetitively violating the duties of the office by the person who made their initial appointment. The president of the Czech Republic dismissed the chief justice of the Czech Republic Supreme Court (plaintiff) pursuant to § 106 para. 1 of the act on courts and judges. The chief justice filed a complaint contesting the dismissal and arguing that § 106 para. 1 of the act on courts and judges violated the separation of powers and the principle of the independence of the judiciary.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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