Jurisdiction: which court will decide your case?

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.

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.

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.

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.