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One of the first acts passed in the newly formed Czechoslovak
Republic was Act No. 5/1918 Sb, which established the Supreme
Court and defined its status. Originally seated in Prague,
the Supreme Court was moved to Brno in 1919. The Supreme Court
was the third instance for both civil and criminal matters.
In addition, it could make suggestions for the adoption of
Acts of Parliament relating to justice, as well as amendments
thereto. Its structure was almost identical to that of the
Supreme Court of Justice and Cassation in Vienna, as it functioned
until 1918. The Supreme Court consisted of a first and a second
president, seven bench presidents (nine presidents after 1930)
and forty council members (forty-eight council members after
1930).
As a result of the creation of the Protectorate, after 1945
there were two Supreme Courts, as the Slovak Supreme Court
(established in 1939 and seated in Bratislava) was added to
the original First Republic Supreme Court. In 1945 and 1946,
the government of Czechoslovakia made an agreement with the
Slovak National Council that, while both supreme courts in
Brno and Bratislava would be maintained with their structure
and jurisdiction according to the then current legislation,
they would be considered as forming part of a unitary Supreme
Court, seated in Brno.
The 1948 Act on the Popularization of the Judiciary significantly
affected the Supreme Court, as its composition was supplemented
by appointing the required number of lay judges. Senates consisted
of two professional judges and three observing lay judges.
Lay and professional judges had an equal vote in the decision-making
process. The lay judges even took part in decisions on complaints
of the violation of the law. In view of the fact that lay
judges were appointed by the government, the principles of
impartiality and independence were seriously violated.
On the basis of the Constitutional Act on Czechoslovak Federation,
in 1968 a structure of federal authorities arose. Alongside
the Supreme Court of the Czechoslovak federation, Supreme
Courts were also established in both republics. The Supreme
Court of the Czechoslovak Socialist Republic was the highest
judicial organ for the entire federation and had its seat
in Prague. Its main task was to supervise the legality of
court decisions and to ensure unified judicial decision-making.
The sphere of its activity was practically identical to that
presently existing, except that the Supreme Court was never
used as a court of first instance. A specific example was
the examination of the legality of final decisions, in which
capital punishment was imposed. By that time, the three or
five member senates were made up solely of professional judges.
There were three Collegia: civil, criminal and martial.
There have been fundamental changes in the entire legal system
following the events of 1989. These have affected the Supreme
Court predominantly in the area of personnel; the Court's
organizational structure and status have remained unchanged.
The basic change came with the split of the Czech and Slovak
Federal Republic. The system of federal and republic organs
was abolished, and from 1993 there has been a unitary judicial
organization. The competencies belonging to the Supreme Court
of the Czech and Slovak Federal Republic were passed to the
Supreme Court of the Czech Republic on 1st January 1993.
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