Communication from the Constitutional Court No 117 / 2013 Coll.

In view of the possible multiple interpretation of Article 71 (2) and (4) of Act No 182 / 1993 Coll., on the Constitutional Court, in relation to the effects of the Constitutional Court's finding, sp. zn.

1. In accordance with the case law of the Constitutional Court [cf., for example, the findings of sp. zn. Pl. Pl. ÚS 38 / 06 of 6.2.2007 (N 23 / 44 of SbNU 279; 84 / 2007 Coll.) and sp. zn. IV / 07 of 18.12.2007 (N 228 / 47 of SbNU 983), or the opinion of the sp. zn. Pl. Úst. In such cases, the provisions of Paragraph 71 (2) of the sentence after the semicolon of the Law on the Constitutional Court are therefore not applicable and the claims arising from these decisions may be the subject of enforcement or execution. In fact, the opposite interpretation would mean that, as a result of the Constitutional Court's finding, the refusal to pay the costs granted under this Order would lead to a further deepening of the rights of the parties instead of eliminating the unconstitutional interference in the fundamental rights of the parties.

2. This does not, however, apply to cases in which the Constitutional Court would find, on the basis of a timely and duly lodged constitutional complaint, the amount of the flat-rate remuneration of the inconstitutionality and the decision of the General Court to be annulled.

In order to investigate the legal certainty of the legal entities affected by the legislation repealed by the Constitutional Court's finding sp. zn. Pl. ÚS 25 / 12 of 17 April 2013 decided that this communication adopted under No. Org. 23 / 13 will be published in the Collection of Laws pursuant to § 2 (1) (b) of Act No. 309 / 1999 Coll., on the Collection of Laws and on the Collection of International Contracts, together with that of the Constitutional Court.