RESTITUTION LAW AND THE CONSTITUTIONAL REVIEW OF THE RESTITUTIONS IN THE CZECH REPUBLIC (PRINCIPLES OF THE DECISIONS OF THE CONSTITUTIONAL COURT REGARDING THE RESTITUTION OF JEWISH PROPERTY)

Helena Hofmannová

Abstract


The constitutional review of the restitution proceedings in the Czech Republic belongs to the area characterized by its specific legal and social relevance. The specific sense of restitutions emerges from the effort of the state to remedy past unfairness together with the effort to protect the principle of legal certainty in present. The article attempts to come to terms with these problems, and to link the basic principles of the decisions of the Constitutional Court of the Czech Republic regarding the restitutions with the special focus on the restitutions of Jewish property. The analysis of these decisions indicates also some of the essential problems in the application of restitution laws. Within the decision-making of the restitution cases, Constitutional Court establishes also the basic general principles of the rule of law and constitutional review in the Czech Republic.


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