Miris document ID: 1005491253787
Benes Decree No. 108
Author: Constitutional Court
Language: Czech
Source: Constitutional Court
Country: Czech Republic
Category: judgment/decision
Government level: National - State Level
Guiding principle: The Constitutional Court has come to the conclusion that, at the time of its issuance, the Decree of the President No. 108/1945 Sb., on the Confiscation of Enemy Property and the Funds of National Renewal, was not only alegal but also a legitimate act. In view of the fact that this normative act has already accomplished its purposes and for a period of more than four decades has not created any further legal relations, so that it no longer has anyconstitutive character, in the given situation its inconsistency with constitutional acts or international treaties under Article 10 of the Constitution (Article 87 para. 1, letter a) of the Constitution of the Czech Republic) cannot be reviewed today, for such a means of proceeding wouldlack any juridical function whatsoever.
Date of judgement: 1995-3-8
Document number: Pl. US 14/94
Official version: no
Edition number: Pl. US 14/94
Legally binding: yes
Subject areas: non-discrimination; identity
Minority groups: all
Related laws: Decree No. 108/1945

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