The Czech Constitutional Court has intervened in the law on dual-use goods. Judicial review of export decisions can no longer be ruled out

BRNO - The Constitutional Court (CC) overturned a key provision of the law that prevented judicial review of decisions not to grant a permit to export dual-use goods. These are materials and technologies that can be used for both civilian and military purposes - typically, for example, chemicals, electronics, software, or equipment with potential use in the production of weapons. Previous legislation explicitly provided that decisions of the Ministry of Industry and Trade not to grant permission to export these commodities were not subject to judicial review. However, according to the Constitutional Court, such a provision contradicts the fundamental principles of the rule of law and the right to a fair trial as enshrined in the Charter of Fundamental Rights and Freedoms.

The complaint was filed by the Municipal Court in Prague in the context of a specific dispute. The court had to deal with a case where a company challenged a rejection decision of the Ministry, but the court was forced to reject the claim due to an explicit prohibition of review. However, the judges considered that such a restriction was contrary to the constitutional order and turned to the Constitutional Court. Today, the Court has upheld their arguments.

"The restriction of judicial review of a public decision that has a direct impact on the rights of an individual constitutes an interference with the very essence of the constitutionally guaranteed right to judicial protection," said Judge-Rapporteur Jan Svatoň in the reasoning of the ruling. According to him, it is not possible for an administrative authority - in this case the Ministry of Industry and Trade - to make a decision without any possibility of subsequent independent review.

The Constitutional Court's decision has potentially broad implications. The export of dual-use goods is under close scrutiny not only by the Czech authorities, but also under the Czech Republic's international obligations, for example arising from membership of the European Union, the United Nations or regimes such as Wassenaar or the Zangger Committee. The state often refuses to grant permission on the grounds of national security or international sanctions. Until now, such decisions could not be challenged in court - now the situation is changing.

The Ministry of Industry and Trade immediately responded to the decision of the Constitutional Court by declaring that it respects the verdict and will prepare a proposal for legislative amendments. "The ministry perceives the importance of protecting constitutional rights. At the same time, however, it must ensure that the Czech Republic continues to meet its international obligations in the area of export control of sensitive technologies," said a spokesman for the ministry.

Lawyers and experts in administrative law generally welcome the Constitutional Court's move. However, they point to the need to carefully set the rules for judicial review. "The courts must be able to review whether the decision was arbitrary or unreasonable. At the same time, however, they cannot replace the expert assessment of safety risks that belongs to the administrative authorities," said lawyer Michal Mazanec, former president of the Supreme Administrative Court. The CJEU's decision thus represents another step in the balancing act between the protection of the public interest and the guarantee of fundamental rights. It opens the door to greater transparency in the state's decision-making in the area of export control, without necessarily compromising its ability to protect security and strategic interests.

gnews.cz-jav