Act No. 118 / 2020 Coll.
Act amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended, and Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or by maladministration, as amended
Valid
Effective from 01.04.2020
Text versions:
01.04.2020
24.03.2020
118
THE LAW
of 3 March 2020
amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended, and Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or by maladministration, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 5 / 2011, Act No. 6 / 2007 Coll.
1. In Article 6, the current text becomes paragraph 1 and the following paragraphs 2 to 6 are added:
"(2) For the purposes of his or her involvement in legal relations with other persons, the legal personality and autonomy of the State shall be divided between the various organisational elements which are, under this law or under specific legislation, relevant to the exercise of the rights and obligations of the State in those legal relationships and are accounting units.
(3) The organisational components referred to in paragraph 2 shall be independent and independent of the legal personality and competence of the State in their legal relations.
(4) Where the legal relationship concerns at the same time the different organisational elements referred to in paragraph 2, each of them shall fulfil the legal personality and competence of the State to the extent that it is competent.
(5) Paragraphs 2 to 4 shall apply mutatis mutandis to the legal relations between the organisational components of each other. In such cases, the legal conduct of the organisational units is governed by the provisions of Paragraph 19 (1).
(6) In proceedings before courts and other bodies, the organisationalbodies act as the State as individual participants (96). Where, in proceedings before courts and other authorities, a number of organisational elements appear to be a State in the same case, they shall act separately in the proceedings, in accordance with their procedural role and in an independent manner to the extent that they are competent.
96) § 19 of Act No. 99 / 1963 Coll., Civil Code, as amended. '
2. In Paragraph 46, the first sentence is deleted from footnote 65 and the second sentence is replaced by the following: "The State's liability for damage caused in the exercise of public authority by a decision or maladministration is governed by a separate legislature65); However, this is without prejudice to the conditions of State representation in legal relations under this law. In the case of a regression payment under a law governing liability for damage caused in the exercise of public authority by a decision or by maladministration, Paragraph 47 (4) shall apply mutatis mutandis. '
3. In Article 47, the following paragraph 4 is added:
"(4) The organisational component shall, in the event of damage to the property with which it is responsible, assess, without undue delay, the claim for compensation against the person responsible in accordance with paragraph 2 and shall record it. ';
Amendment of the Act on Liability for Damage in the Enforcement of Public Power by Decision or by maladministration
Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or incorrect official procedure and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 120 / 2001 Coll., Act No. 234 / 2002 Coll., Act No. 539 / 2004 Coll., Act No. 160 / 2006 Coll., Act No. 41 / 2009 Coll., Act No. 41 / 2011 Coll., Act No. 396 / 2012 Coll., Act No. 105 / 2013 Coll., Act No. 303 / 2013 Coll., and Act No. 178 / 2018 Coll., is amended as follows:
1. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) Where a second and third sentences of Article 13 (1) have been damaged in accordance with the maladministration procedure and the subsequent administrative and judicial proceedings as a whole are assessed for the purpose of compensating for such damage, the State shall act as the competent authority within the jurisdiction of the administrative sector in which the administrative proceedings were conducted. ';
Paragraphs 3 to 6 shall be renumbered paragraphs 4 to 7.
2. In Article 6 (4), the words "or 3 'shall be inserted after the words" paragraph 2'.
3. In Article 6 (7), "5 'is replaced by" 6';
4. In Paragraph 14, the following paragraph 4 is added:
"(4) Where it is necessary for the assessment of a claim for damages to take account of circumstances to which the Office or another public authority which is not competent in its activities has access, that authority or other public authority shall provide the competent authority with the necessary synergies; This shall apply mutatis mutandis to court proceedings. ';
5. In Paragraph 18, the following paragraph 7 is added:
"(7) The obligation to provide the necessary synergies pursuant to Paragraph 14 (4) shall apply mutatis mutandis to the assessment of the right to a regression payment.
Transitional provision
Law No 82 / 1998 Coll., as effective before the date of entry into force of this Act, shall apply to proceedings for claims for damages caused by an unlawful decision or maladministration initiated before the date of entry into force of this Act; the obligation to provide the necessary synergies in accordance with the provisions of Sections 14 and 18 of Act No. 82 / 1998 Coll., as effective from the date of entry into force of this Act, but this is without prejudice.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 118 / 2020 Coll., amending Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended, and Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or maladministration, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.03.2020 |
|---|---|
| Effective from | 01.04.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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