Taiwan Constitutional Court Delegation Concludes Visit to the Czech Republic
2023/07/04
Chief Justice and President of the Judicial Yuan, Dr. Tzong-Li HSU led the Taiwan Constitutional Court (TCC) delegation in an official visit to the Constitutional Court of the Czech Republic (Ústavní soud České republiky). The TCC delegation included Justice Jau-Yuan HWANG, Justice Tzung-Jen TSAI, Director-General of the TCC Chen-Chou HSU, Research Judge Shang-Yu LIN, and Head of the President’s Office (Judicial Yuan) Ms. Hui-Mei CHEN. During this trip, the TCC delegation also visited the Supreme Court (Nejvyšší soud České republiky), the Supreme Administrative Court (Nejvyšší správní soud České republiky), the Senate of the Parliament (Senát Parlamentu ČR), Palacký University Olomouc, and Charles University. TCC delegation’s visit to the Czech Republic included important judicial, legislative, and academic institutions, and has engaged in profound dialogues on the rule of law and the democratic constitutional order of Taiwan and the Czech Republic.
Constitutional Court of the Czech Republic—Guardian of the Constitution weathered through transformations
This is the first official bilateral meeting between the Taiwan Constitutional Court and the Constitutional Court of the Czech Republic. The TCC delegation was received by President Rychetský, Vice President Vojtěch Šimíček, Justice Josef Baxa, Secretary-General Vlastimil Göttinger, and Dr. Pavel Dvořák (Head of the External Relations and Protocol Department) on behalf of the Constitutional Court of the Czech Republic.
In 1921, The Constitutional Court of the Czech Republic was established shortly after the birth of the Czechoslovak Republic. It is the first constitutional court in the world and was transformed into the current Constitutional Court of the Czech Republic after experiencing different political regimes. Although the Constitutional Court of the Czech Republic has wide jurisdictions (it has jurisdiction over twelve kinds of disputes under the Constitution), its quintessential competences lie in the review of the constitutionality of laws and the adjudication of individual constitutional complaints, which rounds up to around 4,000 newly lodged cases each year.
Dr. Pavel Rychetský has been the President of the Constitutional Court since 2003. Persevering in safeguarding judicial independence and the liberal democratic constitutional order, President Rychetský transformed and revolutionized the Constitutional Court of the Czech Republic during his leadership, making him an important figure in Czech constitutional history. Vice President Šimíček has been a member of the constitutional judiciary since 2014 and was appointed as the Vice President in May 2023. Justice Josef Baxa was appointed in early June 2023. He served at the Supreme Administrative Court for more than fifteen years and is experienced in both adjudication and judicial administration. The three constitutional judiciaries, represent three generations of the Constitutional Court of the Czech Republic, providing various perspectives and experiences regarding their works, which was inspiring for the TCC delegation.
The bilateral meeting started with Chief Justice HSU and President Rychetský introducing respectively the history of the constitutional judiciary, the competence of their courts, and the constitutional court's role within the judicial system in Taiwan and the Czech Republic. During the meeting, the officials of both courts shared their experiences in exercising jurisdictions and adjudicating cases, with a special focus on how the COVID-19 pandemic influenced the activities and adjudication of their respective courts. Among other things, the judicial review of measures taken by the executive to deal with the COVID-19 pandemic was also discussed.
Supreme Court and Supreme Administrative Court of the Czech Republic—When Courts of Final Appeals meet Constitutional Complaints
On the afternoon of June 21, The TCC delegation visited the Supreme Court and Supreme Administrative Court of the Czech Republic. The TCC delegation was received by President Petr Angyalossy, Mr. Ladislav Kováč (Head of the Department of Analytics and Comparative Law), and Ms. Anna Skrášková (Department of Analytics and Comparative Law) of the Supreme Court. Then, the TCC delegation was received by President Karel Šimka, Vice President Barbara Pořízková, Judge Jitka Zavřelová, Judge Ivo Pospíšil, Judge Michal Bobek, and Judge Sylva Šiškeová of the Supreme Administrative Court. During their meeting, they exchanged views on the relationship between the constitutional court and supreme courts, the management of judicial personnel, and the implementation of the review of constitutional complaints (toward judgments of final appeals) in their respective countries.
The Czech Republic has implemented the legal framework to review constitutional complaints for many years. The TCC delegation took this opportunity to know more about how the two courts of final appeals of the Czech Republic perceive constitutional complaints, and whether it causes tension between them and the Constitutional Court in the legal system of the Czech Republic.
This is also the first time that judicial officials from Taiwan visit the Supreme Court and Supreme Administrative Court of the Czech Republic. The TCC delegation was met with great hospitality. The Supreme Court even flew the ROC national flag to represent the friendly relations between the judiciaries of the two countries.
Senate of the Parliament of the Czech Republic— Viewing Judicial Independence from the Perspective of International Relations
On June 22, the TCC delegation visited the Senate of the Parliament of the Czech Republic (the Senate) upon the invitation of its 1st Vice President Jiri Drahoš. The TCC delegation was received by President of the Senate Miloš Vystrčil, Vice President Jiri Drahoš, and Senator Zdeněk Hraba (Chairperson of the Standing Senate Commission on the Constitution of the Czech Republic and Parliamentary Procedures.)
This is the first time President Vystrčil and Vice President Drahoš met with officials from the Judicial Yuan and TCC. The meeting pushed forward dialogues on the constitutional order of liberal democracy and transitional justice of the two countries. The participants also shared their regulations and experiences regarding congressional approval of the appointment of the constitutional judiciary.
Faculties of Law of Palacký University Olomouc and Charles University—Time-honored Law Schools in the Czech Republic
In addition to the visit to government officials, the TCC delegation also visited the Faculties of Law of Palacký University and Charles University. At Palacký University, the TCC delegation was received by Principal Martin Procházka, Vice Principal Michal Malacka, Dean of the Faculty of Law Dr. Václav Stehlík, and other members of the university. At Charles University, the TCC delegation was received by Principal Milena Králíčková, Vice Principal Eva Voldřichová Beránková, Dr. Jan Kuklík (Head of the Department of Legal History at the Faculty of Law ), Justice Jan Wintr of the Constitutional Court, Dr. David Elischer (Department of Civil Law), Dr. Ivo Šlosarčík (Department of European Studies), Dr. Olga Lomová (Department of Sinology), Dr. Lukáš Zádrapa (Department of Sinology), Dr. Zuzana Kasáková (Faculty of Social Sciences), and other members of the university.
During their visit to the universities, Justice Jau-Yuan HWANG delivered respectively a speech under the title “Same-Sex Marriage in Taiwan: From Court to Referendum to Legislation,” sharing his view on the developments of same-sex marriage in Taiwan and J.Y. Interpretation No.748.
In Taiwan, the enactment of Same-Sex Marriage started from Mr. Chia-Wei CHI bravely petitioned for legislative recognition of same-sex marriage. Chi’s lone dissenting voice led to an organized campaign against social and political conservatives. In 2017, Taiwan Constitutional Court delivered its Judgment of the Interpretation No. 748: “The provisions of Chapter II on Marriage of Part IV on Family of the Civil Code do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the purpose of living a common life. The said provisions, to the extent of such failure, are in violation of the Constitution’s guarantees of both the people’s freedom of marriage under Article 22 and the people’s right to equality under Article 7.”In 2019, Implementing Act of JY Interpretation No. 748 (Same-Sex Marriage Act), approved by the Legislative Yuan (Parliament), took into effect. Although the 2018 Referendum was regarded as a temporary outlet for social disagreements, an opinion poll in Taiwan (May 2023) shows 62.6% support same-sex marriage. Both TCC and the Legislative Yuan do their parts for Same-Sex Marriage in Taiwan, contributing to establishing a society aiming for equal protection for people of all sexual orientations.
Justice Jau-Yuan HWANG’s speeches were met with enthusiastic responses from the participants at Palacký University and Charles University, which facilitated interdisciplinary dialogues surpassing the limitation of borders.
The Beginning of Judicial Diplomacy between Taiwan and the Czech Republic
Concluding the TCC delegation’s visit to the Czech Republic, the TCC believes that these visits have opened doors to friendly interactions between Taiwan and the Czech Republic. The TCC hopes to further strengthen bilateral relations, engage in mutual visits, and facilitate cooperation between the judicial institutions of Taiwan and the Czech Republic, which are undoubtedly important partners that share the values of democracy and human rights.