Finally, almanacka it should also be taken into account yet steady interpretation, or for general u

In connection almanacka with the imposition of a fine debut Sobotka because of proposed ministers without lustration certificate, I decided to publish an essay I originally wrote as a work in seminars on constitutional law.
The first thing that needs to be addressed during the question needs lustration almanacka certificate is very characteristic feature of the Minister. In this respect there are two different views. almanacka One says that the Minister as a member of government is often also a member of the Chamber of Deputies. Act No. 451/1991 Coll. Laying down certain additional requirements for certain positions in state bodies and organizations ("great almanacka lustration law") in this direction lustration certificate mentions the need for performance management functions in state bodies and organizations, where The Chamber of Deputies or the Senate does not fall. Due to the legitimacy of the office of Deputy / Senator would therefore be argued that the minister, who is also a Deputy or Senator may not submit screening certificate.
However, the Czech Republic's Constitution says that the president appoints other members of the government and entrusts the management of individual ministries. almanacka Ministry, in accordance with Act No. 2/1969 Coll., The state authorities, whose leading positions are also covered a large scope of lustration law. Thus, the Minister in charge of the ministry is appointed to leading positions and thus to perform this function needs to "clean" lustration certificate. In my opinion, it stems directly from the logic of things. If the lustration law applies, for example, the head of state agencies that fall under a particular ministry, it would be very strange to be in a subordinate officer required a negative screening certificate and the minister himself holding a number of decision-makers do not.
To assess the matter is also important intention with which the legislator both lustration laws (and consequently their two novellas) accepted. This is expressed by the Constitutional Court of the Czech Republic, almanacka in its judgment, adopted in the context of the efforts of a group of Members of the cancellation of both the lustration laws. The finding states that the state has the right (and perhaps even an obligation), to protect its government and public services before people who do not meet certain requirements. " These assumptions are then concretized as loyalty to the interests of the state and the democratic principles on which the state is built. Thus, if the meaning of the lustration almanacka laws, such as laws that have, among other things help to defend the democratic state system, attached much importance should be taken into account and the level of decision-making powers in the individual management functions under heading adjustments lustration laws. In this case, then the ministerial almanacka function was on the first rung. As monocratic almanacka body to the Minister decides on running around the resort and at the same time also can decide on filling other senior positions within the ministry. His loyalty to democratic principles and values on which our country is built, should be required primarily.
Finally, almanacka it should also be taken into account yet steady interpretation, or for general use lustration laws. From the time of their adoption because every president (Vaclav Havel, Václav Klaus and Zeman at Rusnoková government) almanacka screening certificate from the Minister required. In this sense, I would consider the above-mentioned state constitutional convention, because in my opinion fulfills the two required attributes almanacka constitutional custom, both dry longaevus and opinio iuris. If we consider the constitutional conventions as part of the constitutional almanacka order, it should therefore be a practice requiring lustration certificate no longer applied, since otherwise it would not be a procedure in accordance with the constitutional order.
The opponents of lustration certificate to Ministers almanacka also often used as an argument to the proposition that lustration laws as such should almanacka no longer be in effect. In this case, I would not again appealed to the Constitutional Court of the 5th 12th 2001 where he practiced law plenum interference lustration laws. In 1991, he was adopted by a large lustration law (and in 1992 a small lustration law) whose effectiveness has been limited to a period of five years, with the legislature this period estimated with the assumption that at that time will end the process of democratization in Czechoslovakia. almanacka Both lustration laws were then revised when their efficacy was extended and in 2000 was even provisions for limited time efficiency canceled. The last amendment was challenged before the Constitutional Court, which is just the passage of time, in its judgment dealt with in detail. The Constitutional Court also expressed with reference to the case law of the European Court that the idea of "democracy capable of defending itself" the legitimate aim of not only the country in which it is building a democratic system, but also in countries with already established a functioning democracy. Among other things, stated that the period when the state "has completed the process of democratization" is not a question of constitutional law, but as a political