Jurisdiction: which court will decide your case?

The judiciary is one of the pillars of the rule of law. Its role is not only to ensure justice and the protection of the rights of individuals, but also to resolve legal disputes effectively. Within the judicial system, you may have already come across the concept of jurisdiction. This concept determines which particular court has the authority to hear and decide your case. Learn how the jurisdiction of courts in the Czech Republic is determined and what terms such as subject matter jurisdiction, local jurisdiction or the Courts and Judges Act mean.

Příslušnost soudů
8 minutes of reading

Chapters of the article

What does jurisdiction mean?

Jurisdiction refers to the power of a court to hear certain cases. Jurisdiction is determined according to several criteria and jurisdiction is divided as follows:

  • Subject matter jurisdiction: this jurisdiction refers to which court has the authority to decide a particular case. Subject matter jurisdiction divides cases into less serious and more complex cases. The less serious ones are usually dealt with by district (circuit) courts, while the more complex ones are dealt with by higher courts, for example regional courts.
  • Local jurisdiction: as the term itself suggests, local jurisdiction determines in which district the case will be heard. Local jurisdiction is usually determined by the domicile of the defendant or both parties (for example, in a divorce) or the place where the event giving rise to the proceedings took place.
  • Functional jurisdiction: this type of jurisdiction plays an important role in reviewing the decisions of the lower courts. It concerns which court hears a particular case at different stages. According to functional jurisdiction, the Supreme Court is above the regional court and so on.

Need to get your matter to court and don't know how to proceed?

Bringing a lawsuit is one thing, successfully going through the court process is another. But we can help you with any matter you need to resolve in court. We’ll draft the lawsuit, put together the evidence, and represent you at trial to give you the best chance of success. Just contact us.

Is there a need to actually address the jurisdiction of the courts?

In any case, yes, because if the jurisdiction of the court is not determined correctly, it could have a major impact on the course and outcome of the proceedings. Once jurisdiction has been misdetermined, it could lead to delays, unnecessarily higher court fees or even invalidity of the court decision.

In addition, you would certainly want to avoid bias or conflict of interest. In fact, improper jurisdiction may affect the parties’ access to evidence. For example, if your case is heard by a judge who does not have the expertise or experience in handling that type of case, there could simply be an incorrect decision.

Local jurisdiction of the court or where to appear

As outlined above, local jurisdiction is determined geographically by which court has jurisdiction to hear a particular case. In civil disputes, local jurisdiction is most often determined by the defendant’s place of residence. In criminal cases, then, jurisdiction is determined by where the particular crime took place. Local jurisdiction makes it easier for parties in addition to the litigants to appear in court, for example, for witnesses, but it also allows the case to be heard in a region where specific evidence is available.

But even here there are exceptions. In some types of disputes, the court system is governed by special rules that give priority to one of the parties to the dispute. For example, in consumer disputes, the consumer has the right to bring an action in the court of his or her place of residence, regardless of the location of the defendant company, which makes it easier for him or her to access justice.

In the case of an employment dispute, as an employee, you can sue your employer in the court where you did the work. If jurisdiction were to be determined by the employer’s place of business, this could mean having to travel long distances to court, as plaintiff employees often face large companies with an international reach.

Local jurisdiction also comes into play in cases that take place on the borders of different locations. For example, there is a problem of separation at Prague Central Station, which lies on the border between Prague 1 and Prague 2. At the same time, local jurisdiction sometimes brings bizarre situations. One such incident took place a few years ago, when a criminal judge reportedly took a tram to the Prague waterfront with a tailor’s tape measure to measure exactly where a body had washed up. He wanted to check whether the case really fell within his territory.

Tip: As responsibility within the courts of each instance increases, so does the salary of individual judges. Read more about how to become a judge or how much a judge can earn.

Jurisdiction of the court or will it be heard by the district court or the high court?

Legal disputes are also divided according to their complexity and severity, and are assigned to individual courts accordingly. According to their subject matter jurisdiction, courts are divided into district, regional, high and supreme courts.

  • Simply put,district (circuit) courts hear ordinary cases such as civil disputes. You will enter into such a dispute when you are suing someone over debts, in a divorce, for child support, or in a conflict with your employer. These are the most common courts of first instance and you can appeal their decisions to the county courts.
  • The county courts are second instancecourts and deal with appeals from the district courts, or more complex cases with a greater social impact. Specifically, they deal with bankruptcies, disputes over larger assets or serious crimes.
  • High courts act as appeal courts for decisions of regional courts. The superior courts hear complex and important cases that have a national impact.
  • The Supreme Court is the highest judicial authority in civil and criminal matters that we have in the Czech Republic. The Supreme Court hears extraordinary appeals and its task is to unify the decisions and practice of the various courts. In addition to the Supreme Court, there is the Supreme Administrative Court, which is the highest instance in matters of administrative law and which deals primarily with complaints against decisions of administrative authorities.

Tip: Interested in learning more about the judicial system in the Czech Republic? Read about how the different types of courts work in our article on which court to go to.

District (circuit) courts play a key role in jurisdiction

District courts, also known as circuit courts in Prague, are the first place most people turn to when they get into a dispute and need to resolve it through the law. If you are going through a divorce, dealing with an inheritance, committing a traffic offence or disagreeing with a neighbour, it is more than likely that you will find yourself in the district court. This is where most court proceedings start. It is only after a judgment is handed down that you can appeal to the county court.

What does the Courts and Judges Act say?

The Law on Courts and Judges sets out the basic principles of court proceedings, determines what qualifications judges must meet, the procedure for appointing judges and what their rights and obligations are. The Law on Courts and Judges is key to ensuring the independence and impartiality of the judicial system. It also regulates the ethical standards that judges must observe or, for example, the rules for their career development. Thanks to the Courts and Judges Act, the courts operate fairly, efficiently and in accordance with constitutional principles, as long as all the rules are respected.

There are currently approximately 3 000 judges throughout the Czech Republic. Their number is regularly regulated according to the needs of each court and they are spread throughout the national territory. Each judge has a specific district in which he or she performs his or her duties. They are joined by the presiding judges, in other words, judges of the people.

Summary

There are district, regional and supreme courts in the Czech Republic. They are joined by the Supreme Court and the Supreme Administrative Court. The jurisdiction of the courts determines the type of court in which a particular case will be heard. This decision is governed by both local jurisdiction, i.e., for example, the residence of one of the parties or where the crime took place, and subject matter jurisdiction. Subject matter jurisdiction means that while the most common and simple disputes are heard in the district courts, it is only the more complex cases and appeals that reach the higher courts.

Are you solving a similar problem?

Dostupný advokát team of online lawyers will solve it for you.

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

Preset Prices
When you order, you know what you will get and how much it will cost.
Online and in person
We handle everything online or in person at one of our 4 offices.
We Work Fast
We handle 8 out of 10 requests within 2 working days.
Experienced Team
We have specialists for every field of law.

Has this content helped you? Give it a rating

No rating yet. Be first to rate and help others.

Article topic:

Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

Reviews of the Dostupný advokát service

Recenze služby

Ms Magic, Google reviews

Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality Fast and professional solutions for most normal legal needs at affordable, preset prices. Seriously, what could be better than that? While it sounds ‘too good to be true,’ I’m happy to report that the staff at DA are pros, and what’s more they are honestly dedicated to their awesome mission, which is to make quality legal services affordable for the average person. I find their prices very fair when compared to what I’ve usually paid for similar services, which means I (and my family and friends) can get the legal help I need without worrying about some black hole of never-ending fees. In my own experience with DA I’ve found everyone there very responsive, and emails and calls are answered in a timely manner. Their large staff also gives me confidence that any legal needs I have can be handled professionally, as there’s always someone with experience in my particular issue. Their head attorney also writes a regular blog and keeps up with all the latest legal trends, which means they as a business stay up-to-date. As someone who’s spent a fortune over the years on legal assistance, or tried to “go it alone” when I couldn’t afford legal help, I wish Dostupny Advokat had been around a long time ago. I highly encourage anyone who needs legal help to TRY THEM FIRST!

Recenze služby
client's story

Pavel Kasal

I decided to withdraw from my operating lease prematurely and was charged a ridiculously high penalty, apparently because the car had been sold for a significantly lower price than its market value. I found it frustrating, so I turned to Dostupný advokát for help. They got to work on the case very fast and recommended several options on how to proceed. They also helped me prepare all necessary documentation. Thanks to them, I had to pay only a fraction of the original amount and saved tens of thousands of Crowns.

Recenze služby

Tomáš Hrdlička, Nové Strašecí

I felt very uncomfortable meeting an attorney in person. But Dostupný advokát managed to solve everything for me online. I bought a consultation because my employer had sent me for a long term business trip to an exotic country with no explanation, and I wanted to be sure what my rights in this situation were. The Skype consultation was very pleasant and the service was fast. I can fully recommend them.

View All Testimonials

You could also be interested in

We can also solve your legal problem

In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.

Google reviews
4.9
Facebook reviews
5.0
5 200+ people follow our Facebook
140+ people follow our X account (Twitter)
140+ people follow our LinkedIn
 
We can discuss your problem online and in person

You can find us in 4 regional towns

Quick contacts

+420 775 420 436
(Mo–Fri: 8–18)
We regularly comment on events and news for the media