Ricorso incidentale e ruolo dei cittadini nella tutela dei diritti e libertà fondamentali dinanzi alla Corte costituzionale ceca

The article analyzes the basic features of preliminary reference that judges of the ordinary and administrative courts bring before the Constitutional Court in the Czech Republic, putting it in comparison with the direct action of the citizens. The more clear distinctive element with respect to the Italian case is the limited role of the parties in the activation of that reference. This is explained in the light of the absolute prevalence, in numerical terms, of the direct actions of citizens in relation to other forms of access to the Court. It is a feature which in general terms unites the Central European countries, on the basis of the German model.