Conflicts of Jurisdiction

1. General Information

Conflicts of jurisdiction heard by the Supreme Court concern the issue of which court has the right and obligation to hear a case and decide on it in situations where the Supreme Court is the nearest jointly superior court of the courts involved in the conflict. 

At the Supreme Court, conflicts of jurisdiction are dealt with under the Td agenda.

2. When and Who May File an Application

An application for a decision on a conflict of jurisdiction is filed with the Supreme Court by the lower court that believes it is not competent to hear a particular case and that is located within the jurisdiction of a different High Court than the court which, according to the referring court, is competent to hear the case.

The conflict may concern the local or subject-matter jurisdiction of the courts.

3. Proceedings and Decision on the Conflict of Jurisdiction

The Supreme Court always hears the case in a closed hearing.

In its decision, the Supreme Court determines which court has jurisdiction to hear the case referred.

If there are important reasons, the Supreme Court may also decide to remove the case from the competent court and transfer it to another court of the same type and instance.

No complaint is admissible against the decision made in proceedings on a conflict of jurisdiction.

Relevant Legislation:

• Act No 141/1961 Coll., the Code of Criminal Procedure, as amended
• Constitutional Act No 1/1993 Coll., Constitution of the Czech Republic, as amended
• Resolution No 2/1993 Coll., on the Declaration of the CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS as a Part of the Constitutional Order of the Czech Republic, as amended
• Act No 6/2002 Coll., on Courts, Judges, Lay Judges and State Administration of Courts and on the Amendment of Certain Other Acts (Act on Courts and Judges), as amended