Military Judiciary in the Czech Republic

Abstract:

Abolishing military courts at the end of 1993 could evoke the idea that there is no such thing as military judicature in our country. In fact, the Defence Act sets that in time of military preparedness, higher and lower field tribunals and courts come into existence. But present legal norms do not know the legal term "state of military preparedness", only "mobilization". There are many other legal gaps, concerning e.g. declaration war, defining state of war, proclaiming martial law. There are not firmly set statutes of field military courts, their subordination, dependence of field judges and their assistants, or how shall we handle offences of our soldiers abroad, its connections with international laws and agreements. This state of affairs for quick remedy.

Doc. JUDr. Zdeněk Koudelka, Ph.D., born in 1969, Faculty of Law, Masaryk University Brno. Member of municipal authorities and a vice mayor of city district Brno-Jundrov; 1992-1996 lecturer and in 1996-2009 senior lecturer at the Faculty of Law, MU Brno; 1993-1995 senior lecturer at the Military Academy Brno, after that attorney's clerk and attorney, at present a senior lecturer of Constitutional Law Department, Faculty of Law, MU Brno. He is politically active, in the years 2002 till 2006 he was a vice chairman of Committee on Constitutional and Legal Affairs Chamber of Deputies; 2006-2011 assistant to the highest state attorney; since 2011 assistant to the director of Czech Judicial Academy. Extensive publishing activities. The author of a book called President of the Republic (2011), with a foreword by Václav Klaus.

Country: Czech Republic

24/01/2012

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