C-399/09 Landtová: about it, but without it...

There is a saying that goes back to 1938, the year in which the Munich Pact was concluded. The Pact was signed by Germany, France, the United Kingdom and Italy and resulted in annexation of parts o the territory of Czechoslovakia by Germany. The saying goes: about us, without us! It clearly questions democratic legitimacy of decisions taken by someone to the detriment of someone else without (at least) having heard that someone else.
This seems to be the problem of the Landtová case(1). Ultimately, the "accused" is the case-law of the Czech Republic's Constitutional Court, yet there is no-one in the proceedings who would defend it. The referring court (Supreme Administrative Court of the Czech Republic) itself has doubts and, in fact, used (or abused?) the preliminary reference as a tool to (possibly) strike down a rule established by the Constitutional Court which the referring court has defied for some time. The respondent in the main proceedings is of the same opinion. The Czech Government likewise.
Landtová has the interest in defending the Constitutional Court's case-law, but, looking at the opinion of the GA Villalón, her voice does not seem to be audible.
And the Constitutional Court itself is not party to the proceedings.
About it, without it...

(1) See below a detailed analysis of the opinion of the GA Villalón in the case.