CYIL vol. 14 (2023)

EMIL RUFFER CYIL 14 (2023) Constitution of the Czech Republic (hereinafter as the “Constitution”) and thus requires the consent of both Chambers (the Chambers of Deputies and the Senate) and the ratification by the President of the Czech Republic. The MLA Convention contains provisions in the area of criminal prosecution for the most serious crimes under international law and international judicial cooperation (mutual legal assistance) in criminal matters, i.e. matters regulated nationally in the Act No.40/2009 Coll., Criminal Code, as amended, Act No. 141/1961 Coll., the Criminal Procedure Code, as amended and Act No. 104/2013 Coll., on International Judicial Cooperation in Criminal Matters, as amended. Following the ratification of the MLA Convention, the provisions contained therein will become, in accordance with Article 10 of the Constitution, integral part of the domestic legal order and in case of conflict will take precedence over the provisions of domestic laws. The Ministry of Justice, as the competent authority in the area covered by the MLA Convention, will now carry out a substantive analysis of the adopted text, in cooperation with other ministries concerned (in particular the Ministry of Foreign Affairs, the Ministry of Interior, the Ministry of Defence and the Ministry of Finance), on the basis of which a conclusion will be drawn as to whether the Czech Republic has fulfilled the legislative prerequisites for becoming a State Party to the Convention. However, even prior to the completion of such analysis, the Czech Republic could still, on the basis of a Resolution by the Government, sign the MLA Convention, reserving its ratification as a future step. Such course of action would require a sequence of 2 steps: first the decision of the Government authorising the Minister (or Deputy Minister / Ambassador or other official) to sign the MLA Convention; and a second decision, following the substantive analysis, whereby the Government will decide to submit the signed MLA Convention to the Parliament and after its consent to the President for ratification. This procedure / sequence has been tried and tested on numerous previous occasions, most recently with regard to the signature of the so-called BBNJ Agreement in New York during the opening of the 78 th Session of the UN General Assembly. 14 Hopefully, the Czech Republic will be present at the signing ceremony in The Hague and will be among the first signatories of the MLA Convention. This initiative deserves a cross regional support and will close significant legal gaps in the prosecution and punishment of the most serious international crimes.

14 Resolution of the Government of the Czech Republic No. 681 of 6 September 2023 on the proposal to sign the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction .

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