Act No. 131 / 2002 Coll.
Law on the decision-making of certain jurisdiction
Valid
Effective from 01.01.2003
Text versions:
01.01.2003
15.04.2002
131
THE LAW
of 15 March 2002
on the decision-making of certain jurisdiction disputes
Parliament has decided on this law of the Czech Republic:
(1) Under this law, a decision to be taken by the parties to which the jurisdiction or jurisdiction (hereinafter referred to as "jurisdiction ') is
(a) courts and authorities of executive, territorial, interest or professional authority;
(b) civil courts and administrative courts.
(2) A competition dispute is a dispute in which one party has the power to take a decision on the same matter as the individual participants, on which the other party has been given a final decision. The competition dispute is also a dispute in which its parties deny their competence to give decisions on the same matter to individually designated participants.
(1) The competition dispute shall be discussed and decided by a special Chamber composed of three Judges of the Supreme Court and three Judges of the Supreme Administrative Court. Its members and the same number of alternates shall be appointed by the President of the Supreme Court and the President of the Supreme Administrative Court for a term of three years with their agreement.
(2) The President of the Special Chamber shall be elected by the members of the Judges appointed by the President of the Supreme Administrative Court and by the other half of the Judges appointed by the President of the Supreme Court for the first half of the term of office of the Special Chamber. The first meeting of the Special Chamber shall be convened and chaired by the oldest member of the Special Chamber.
(3) A member excluded from a particular case shall be joined by his alternate. The Special Chamber shall act by a majority of its members.
(4) The Special Chamber shall act and act at the seat of the Supreme Administrative Court. The administration of the Special Chamber shall be carried out by the President of the Supreme Administrative Court.
(5) An activity in a special Chamber and its activity is the exercise of the judiciary.
(1) The proceedings shall begin on the date on which the application for the opening of the proceedings concerning the dispute was reached by the Special Chamber.
(2) The application for the opening of a dispute may be brought by one of its parties or by an interested party in a case in which the question of the power to take a decision has become questionable.
(3) The parties to the proceedings, in addition to the parties to the dispute, are those in which the question of competence has become questionable.
The provisions of Part Three, Title 1, of the Administrative Rules of Procedure shall apply mutatis mutandis to proceedings before a special Chamber.
(1) The Special Chamber shall decide by order who is competent to give a decision on the matter referred to in the application for initiation.
(2) If the party concerned has given a decision in the case referred to in the application to initiate the procedure and, according to the decision of the Special Chamber, the Special Chamber is not in its jurisdiction, the Special Chamber shall at the same time state the void of such a decision.
(3) Where a party to a dispute has given a decision by which it has denied its jurisdiction to take a decision, and pursuant to the decision of the Special Chamber, a decision on a case referred to in the application initiating proceedings is under its jurisdiction, the Special Chamber shall at the same time revoke that decision.
(4) There shall be no appeal against the decision of the Special Chamber.
(5) The decision of the Special Chamber shall be binding on the parties to the dispute, the parties to the proceedings in which the dispute arose, as well as on all the authorities of the executive body, the authorities of the local authority, as well as on natural or legal persons or other bodies, where they have been entrusted with decisions on the rights and obligations of natural and legal persons in the field of public administration, and courts.
Proceedings on conflicts of jurisdiction decided by the courts under the Civil Code, in which no decision has been taken by the date of application of this law, shall be taken over and the proceedings shall be completed by the Special Chamber under this Act.
They shall be deleted:
1. Act No. 3 / 1918 Coll. on the Supreme Administrative Court and on dealing with conflicts of competence.
2. Decree No. 635 / 1920 Coll. on the organisation of a special Senate set up to resolve conflicts of competence.
This Act shall take effect on 1 January 2003.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 131 / 2002 Coll., on the Decision of Certain Jurisdiction Disputes |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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