Abstract
The article describes the role of the Ministry of Foreign Affairs of the Czech Republic in ensuring correct application of the international law by administrative bodies and courts of the Czech Republic. The duty for all administrative bodies and courts to apply the international law results from article 1 paragraph 2 of the Constitution of the Czech Republic.
However, it may sometimes happen, due to lack of knowledge of the international law, that these bodies or courts either omit to apply the international law, or they apply it incorrectly, which may result in breach of international obligation by the Czech Republic. It is then duty of the Ministry of Foreign Affairs to remedy the situation.
The Ministry is in different position depending on whether the breach of international obligation results from the conduct of an administrative body or of a court. In case of administrative bodies, the Ministry acts in its superordinate capacity (resulting from the principle of subordination within public administration) and it can use its power to co-ordinate the conduct of administrative bodies (either directly, or - more often - through other competent ministries).
The position of the Ministry is more complex in cases, where the breach of obligation results from activity of courts, since these are independent of executive branch and, therefore, the Ministry cannot co-ordinate their conduct as in case of administrative bodies. The Ministry is left with limited measures that can be taken: (1) refusal to carry out the service of process through diplomatic channels, (2) sending an amicus curiae brief explaining applicable international law and (3) sending motion to the court inviting it to act ex officio, where possible.