Eliska Wagnerova, a prominent figure in Czech law, former president of the Supreme Court and vice-president of the Constitutional Court, died on Saturday at the age of 76, the Constitutional Court said on its website.
A native of Kladno, Central Bohemia, Wagnerova studied law at Charles University in Prague. She worked for a year as a corporate lawyer, then for several years as an attorney-at-law. In 1982 she emigrated, first to the Federal Republic of Germany, where she worked as a legal advisor and journalist in the Czechoslovak section of Radio Free Europe. She then lived in Canada until 1993, together with her husband Arnost Wagner.
After returning to the Czech Republic, she first worked as an assistant to Constitutional Court president Zdenek Kessler, and was later appointed to the Supreme Court by Czech president Vaclav Havel (in office 1993-2003), as a judge and then as its president. She returned to the Constitutional Court in 2002 as a judge and vice-president.
During her ten-year tenure at the Constitutional Court, Wagnerova was one of its most active judges, and signed many important, high-profile, and sometimes controversial rulings. “If there is no criticism on the part of politicians, there is something wrong. If there is criticism, I think the Constitutional Court is working well,” Wagnerova told CTK in 2012, at the end of her term as a constitutional judge.
“Eliska Wagnerova never tried to please the powerful,” the Constitutional Court said in a memorial statement on its website. “She did not win many friends among politicians, but she did win many friends among her colleagues, as well as absolute respect and lifelong sympathy. She was well-read, with a broad international outlook and excellent scientific contacts, but she did not worry about patience or diplomatic phrases, for example.”
Wagnerova was a rapporteur judge in 1,938 various proceedings, granting the motion in 241 cases, the court noted.
According to President Petr Pavel, the Czech justice system has lost a distinctive character. He wrote on social media that Wagnerova had left a significant mark on the Czech legal system. “In recent years, we have met on a consultation panel for the selection of constitutional judges. Her experience, fight for human rights and lifelong search for justice will be deeply missed not only here. It was an honour,” he wrote.
Czech Prime Minister Petr Fiala (ODS) also paid tribute to Wagnerova on social media. “I got to know her soon after her return from emigration, and I always appreciated her efforts to take a broader view of legal issues, which was reflected, among other things, in her interest in political science and her obtaining a doctorate in that field. She has passed away, a great personality of our justice system, and we honour her memory,” said Fiala.
Tributes were also posted on social media from Czech Foreign Minister Jan Lipavsky, MEP Danuse Nerudova, and lawyer Hana Kordova Marvanova. Constitutional Court head Josef Baxa described her as “a benchmark of strength and courage.”
The Supreme Court issued a statement on its website from its head Petr Angyalossy, saying that Wagnerova’s legacy would be permanently inscribed in the history of the Czech judiciary. “She devoted her extensive knowledge and experience to the development of the rule of law in the Czech Republic. As head of the Supreme Court, she contributed to strengthening its prestige and independence,” Angyalossy wrote.
Supreme Administrative Court chairman Karel Simka told CTK that Wagnerova was the first lady of Czech constitutional law, an intellectual and a fighter, a judge and an activist, free-thinking, independent, with an opinion and able to listen to others.
“She was the first prominent figure who introduced the idea into the law and the legal community in the Czech Republic that not everything that is formally written in the law should be valid, if it is materially nonsense. As a result, she faced a lot of condemnation from other lawyers,” said Judges’ Union chairman Libor Vavra.
“Although she more or less withdrew from the public eye towards the end of her life, her legacy is undeniable and may be more relevant than we would like to admit. A figure of her stature will be missed,” said Ivo Pospisil, Wagnerova’s former assistant and a current judge of the Supreme Administrative Court.
After leaving the Constitutional Court, Wagnerova served as an independent senator for the Green Party from 2012 to 2018. Her husband Arnost, whom she met in exile, died three years ago.
