Government Decree No. 121 / 2009 Coll.
Government regulations on the granting of compensation for certain costs to judges acting abroad
Valid
Regulation
Effective from 12.05.2009
Text versions:
12.05.2009
121
GOVERNMENT REGULATION
of 30 March 2009
on the granting of compensation for certain costs to judges acting abroad
The Government mandates the implementation of Act No. 6 / 2002 Coll., on the Courts, Judges, Addresses and Government Administration of the Courts and on the amendment of certain other laws (Law on Courts and Judges), as amended by Act No. 151 / 2002 Coll., Act No. 228 / 2002 Coll., Act No. 349 / 2005 Coll., Act No. 349 / 2006 Coll., Act No. 221 / 2006 Coll., Act No. 233 / 2006 Coll., Act No. 264 / 2006 Coll.
Scope
This Regulation provides for the granting of compensation for certain costs to a Judge temporarily relieved of the duties of judge under § 99 (1) (b) and (d) of the Act in the course of his foreign duties, provided that such costs are not paid by the person in respect of whom he performs the duties, hereinafter referred to as "the Judge '.
Types of refund
(1) It is for the judge to compensate for the increased cost of living and to compensate for the costs of driving and accommodation on the way to and from the place of employment abroad.
(2) The Court of First Instance to which a Judge has been assigned or transferred to serve as Judge (hereinafter referred to as "the Court") may provide the Judge with compensation
(a) increased clearance expenses;
(b) travel and accommodation expenses, if not for the expenditure referred to in paragraph 1;
(c) expenditure relating to the transport of personal items.
Reimbursement of increased living costs
(1) The Judge is responsible for the reimbursement of the increased cost of living from the first to the last day of his duties abroad. This refund shall be granted in the currency laid down by other legislation1 (hereinafter referred to as the "fixed currency '). If, due to a change in the monetary policy of the country concerned, it is not possible or appropriate to provide compensation in a specified currency, the court shall proceed to the change of the specified currency in the manner laid down by other legislation1).
(2) The basis for determining the monthly amount of compensation for the increased cost of living is set by the court in the range of between 4,5% and 27% of the judge's salary. This amount is multiplied by the conversion rates for the country of performance of the function. The method of determining the conversion session is laid down by other legislation1).
(3) The Judge to whom the spouse, spouse or partner (2) is followed to a post of office abroad shall be entitled to the refund provided for in paragraph 2, plus 15%; This increase does not belong to the judge
(a) during the period of residence of the spouse, spouse or partner2) outside the country designated as a place of office abroad, exceeding 49 calendar days in the current year for European countries and 63 calendar days in the current year for non-European countries; or
(b) if the spouse, spouse or partner (2) has income from dependent activities or as a self-employed person during his or her term of office abroad.
(4) If, for security reasons, the court decides to evacuate the members of the family of the Judges, any Judge who continues to serve abroad at exceptional risk shall be liable for compensation, as referred to in paragraph 2, plus 20%. The increased compensation shall be payable to the Judge from the date laid down in the decision of the Court of Evacuation until the date on which the exceptional risk decided by the Court of First Instance is lost.
(5) Where exceptional expenses are incurred by judges because children living with him in a common household abroad do not have the possibility to receive a free primary or secondary education (3) at the place of employment abroad, the compensation shall be increased by the amount of expenditure effectively incurred in accordance with paragraph 6.
(6) The extent of the payment of the extraordinary expenses referred to in paragraph 5 shall be determined by the Court of Justice on the basis of its written request. The Court of First Instance shall pay only the costs of the registration, tuition and trial fees and, where appropriate, the costs incurred for them. Expenditure on, in particular, individual or additional teaching, school textbooks and aids, insurance premiums, school clothes, meals, school and back transport, optional lessons or school events shall not be borne by the court.
(7) Where expenditure is incurred by a judge because of sickness or accident or by a judge or his family members, the reimbursement shall be increased by the expenditure effectively incurred in connection with treatment abroad. If the judge or spouse or partners2) does not travel to the Czech Republic for childbirth, the court may increase the compensation on a one-off basis up to an amount corresponding to the amount of the usual travel expenses to and from the Czech Republic.
(8) Reimbursement of increased cost of living is reduced by the amount of
(a) reimbursement of catering expenses on domestic trips to a judge connected with the performance of his duties in the Czech Republic provided by a judge under another legislature4),
(b) the corresponding reimbursement of catering expenses provided by judges on foreign travel connected with the performance of their duties in the country of employment abroad in the framework of reimbursement of catering expenses and certain other expenditure on foreign travel under another legislation (4).
Reimbursement of catering expenses on domestic trips to the Czech Republic, provided in Czech currency, convert the court into a specified currency. For conversion, the court will use the rate declared by the Czech National Bank and valid on the date of the entry into the Czech Republic. Where catering expenses and certain other expenditure on foreign travel connected with the performance of duties in the country of employment abroad have been incurred in a currency which is different from that fixed currency, the court of conversion shall use a court-appointed rate to convert the specified currency into the currency in which the expenses replaced.
(9) Reimbursement of the increased cost of living for the last month of office abroad shall be granted in a specified currency, unless it is made available in a currency to be agreed between the court and the judge. When determining the amount of the refund, the court shall use the rates published by the Czech National Bank and valid on the day on which the amount of the refund is calculated.
Reimbursement of increased clearance expenses
(1) The Court of First Instance may grant a one-off refund to the judge of the proven increased clearance expenses in Czech currency.
(2) The amount of the refund referred to in paragraph 1 may not exceed 1,8 times the salary of the Judge.
Reimbursement of travel and accommodation expenses
(1) The Court of First Instance may provide the judge with compensation for the costs of travelling to and from the Czech Republic for medical examination, childbirth, sickness, accident, leave and funeral of his or her spouse, partner2), parents or children. For the same reason, the court may provide the judge with compensation for the cost of travelling to and from another country, up to a maximum of the amount of the usual travel expenses to and from the Czech Republic.
(2) The Court of First Instance may also compensate the judge for the cost of his / her travel, as shown in paragraph 1, incurred by his / her family members and the cost of his / her travel to the Czech Republic immediately after completion of his / her secondary education or travel to another country, up to a maximum of the amount corresponding to the usual travel expenses to the Czech Republic.
(3) The Court of First Instance may provide the judge with compensation for the cost of travelling from the Czech Republic and for the return of his child to a primary or secondary school in the Czech Republic once a year. For the same reason, the court may provide the judge with compensation for the cost of travelling from another country and back, but not more than the amount of the usual travel expenses from the Czech Republic and back.
Reimbursement of travel expenses to and from the place of employment abroad
The Court of First Instance shall compensate the court for the expenditure of the journey and accommodation, evidently incurred, for travel to and from the place of employment abroad, as in foreign travel connected with the performance of the duties under another legislature4). If the court gives its consent to the reimbursement of the costs of driving and accommodation paid to a family member travelling with a judge, the court shall also provide compensation for such expenses.
Reimbursement of expenditure relating to the transport of personal goods
(1) The Court of First Instance may provide the Judge with compensation for the expenditure evidently incurred in connection with the transport of his personal effects and, where appropriate, of his family members to his place of office abroad and back. The method of transport shall be determined by the court.
(2) The Court of First Instance may, at the level recognised by it, reimburse the Judges for the transport of personal goods referred to in paragraph 1, as well as the costs incurred by them in respect of:
(a) the acquisition of transport packaging;
(b) administrative charges relating to transport,
(c) insurance related to the transport of personal items carried.
Common provisions
(1) Reimbursement of extraordinary expenses pursuant to Article 3 (5), expenditure referred to in Article 3 (7) and expenditure referred to in Article 5 to 7 shall be granted in the currency in which the Judge has incurred the expenses which he is replacing. If the currency is different from the currency laid down and is not available to the court or if it so agrees with the judge, it may also grant the judge compensation in the currency laid down or in the Czech currency. In determining the amount of the refund, the court shall use the court-appointed exchange rate for the currency in which the expenditure was incurred and the rates declared by the Czech National Bank and valid on the day on which the refund was granted.
(2) For the purposes of this Regulation, the person referred to in Section 187 of the Labour Code shall be regarded as a family member of a judge.
Efficacy
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Topolánek v. r.
Minister of Justice:
JUDr. Pospíšil v. r.
1) Annex to Government Decree No 62 / 1994 Coll., on the granting of compensation for certain expenses to staff of budgetary and contribution organisations with a regular place of work abroad, as amended.
2) Act No. 115 / 2006 Coll., on Registered Partnership and amending certain related laws, as amended.
3) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
4) Act No. 236 / 1995 Coll., on the salary and other formalities relating to the performance of the duties of representatives of the State Government and of certain state bodies and judges and Members of the European Parliament, as amended.
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Regulation Information
| Citation | Government Decree No. 121 / 2009 Coll., on the provision of compensation of certain costs to judges serving abroad |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.05.2009 |
|---|---|
| Effective from | 12.05.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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