Constitutional Complaint According to Section 87 par. 1 letter c) of the Constitution of the Czech Republic

Tbe article deals with the question concerning the so-far unused possibility provided to the bodies of the territorial self-government according to which the mentioned bodies are entitled to lodge constitutional complaints in respect of protection of their rights of self-government. It implies that tbe constitutional complaint of the bodies of the territorial self-government against an illegal intervention of the state is in question. The author points at the defects in the constitutional provisions as well as other legal regulation of this kind of complaints and considers the differences ensuing from a comparison of this kind of complaint with the constitutional complaint against an intervention into the sphere of fundamental rights and freedoms. Furthermore, the author also deals with the disparities in subjects, an object and criteria of considering the authorization to lodge a complaint and the consequences of the ruling delivered by the Constitutional Court. As for the lastly mentioned paragraph, not the protection of a fundamental right or a freedom but the protection of the right of self-government as anchored in Section 8 Catch VII. of the Constitution of the Czech Republic is in question which, however, differs in many issues. The only common thing is that in both cases the protection against illegal intervention of the state is concerned. Nevertheless, the execution of the public power is protected and the fundamental rights and freedoms of an individual are not granted any protection here. At the same time, the article looks into the signs of the self-government anchored in the concept of the Constitution of the Czech Republic which are protected by the said complaint and refers to the experience ensuing from rulings delivered by the Constitutional Court in cases concerning self-governing units.