Law amendments and the independence of the Czech National Bank

Vol.9,No.1(2001)

Abstract
This article deals with amendment of the Czech National Bank Act. In first part the author discuss (deals with the analysis) some areas of the amendment, which he consider to disputable. The disputable are­as are important for appraisal of the constitutionality of the amendment. The detailed autor's analysis (of the author) leads to the result that the proposition of the appointment of councillors of Czech National Bank is unconstitutional. The change of the main object of national bank is in contradiction of constitution. The monetary and price stability are economic equivalents, their analysis leads to relative unconstitutional. The changes of budget and of course and infiationary po­licy of the central bank are not unconstitutional. The second part of the article deals with independence of central bank. The author do not accept (with) opinion of professor Jan Filip that amendment restricted in­ dependence of national bank. The independence of na­tional bank is not guaranteed in the constitution. The independence is guaranteed only via (in) ordinary act. Therefore the amendment can not be in contradiction with constitution from perspective independence of Czech National Bank. At the end of the article aut­ hor saying: "For democracy is not inadmissible total independence."

Pages:
49–53
Author biography

Jiří Vaníček

Faculty of Law, Masaryk University, Brno

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