What is Act No. 151 / 2002 Coll.?

Act No. 151 / 2002 Coll., amending certain laws in connection with the adoption of the Administrative Code — Law amending certain laws in connection with the adoption of the Administrative Code.

When it became Act No. 151 / 2002 Coll. effectiveness?

Act No. 151 / 2002 Coll. became effective 01.01.2003.

Is Act No. 151 / 2002 Coll. still valid?

Yes, Act No. 151 / 2002 Coll. is still valid and effective.

How many times was it Act No. 151 / 2002 Coll. amended?

Act No. 151 / 2002 Coll. has 9 time versions of the text.

Act No. 151 / 2002 Coll.

Law amending certain laws in connection with the adoption of the Administrative Code

Valid Law Effective from 01.01.2003

Text versions: 01.07.2022 01.01.2014 01.01.2012 01.01.2006 01.05.2005 All versions (8)

ČÁST PRVNÍ Čl. I ČÁST DRUHÁ Čl. II ČÁST TŘETÍ Čl. III ČÁST ČTVRTÁ Čl. IV ČÁST PÁTÁ Čl. V ČÁST ŠESTÁ Čl. VI „§ 25b „§ 45 „§ 48 § 48a „§ 48e § 50a § 50b § 50c § 50d § 50e „§ 104b § 104c „§ 159a § 200o „ČÁST PÁTÁ HLAVA PRVNÍ § 244 § 245 HLAVA DRUHÁ § 246 § 247 § 248 HLAVA TŘETÍ § 249 § 250 § 250a § 250b § 250c § 250d § 250e § 250f HLAVA ČTVRTÁ § 250g § 250h § 250i § 250j § 250k § 250l ČÁST SEDMÁ Čl. VII ČÁST DEVÁTÁ Čl. IX ČÁST DESÁTÁ Čl. X „§ 14 ČÁST JEDENÁCTÁ Čl. XI ČÁST TŘINÁCTÁ Čl. XIII ČÁST PATNÁCTÁ Čl. XV „§ 89 „§ 104e „§ 106 ČÁST OSMNÁCTÁ Čl. XVIII „§ 73a ČÁST DVACÁTÁ PRVNÍ Čl. XXI ČÁST DVACÁTÁ TŘETÍ Čl. XXIII ČÁST DVACÁTÁ ČTVRTÁ Čl. XXIV „§ 2 ČÁST DVACÁTÁ PÁTÁ Čl. XXV Čl. XXVI ČÁST DVACÁTÁ ŠESTÁ Čl. XXVII

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151

THE LAW

of 21 March 2002

amending certain laws in connection with the adoption of the Administrative Rules of Procedure

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Law on Courts and Judges

Čl. I

The Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government of the Courts and on the amendment of certain other laws (Law on Courts and Judges) is amended as follows:

1. In Paragraph 8, the words "Supreme Court," shall be inserted after the words "Supreme Administrative Court,"

2. In Paragraph 14 (1), the words "in civil and criminal proceedings' shall be inserted after the words" powers of the courts'.

3. In Article 14 (3), the words "in civil proceedings and in criminal proceedings' shall be inserted after the words" judgment of the courts'.

4. Paragraph 25 (b) is deleted.

Point (c) shall be renumbered (b).

5. In Paragraph 32, the following shall be added at the end of paragraph 1: "; if it is a final decision of the Regional Court in the Administrative Court, it shall initiate the adoption of an opinion by the Supreme Administrative Court '.

6. In Paragraph 32, the following shall be added at the end of paragraph 2: '; it shall proceed mutatis mutandis if it is requested before the adoption of an opinion by the Supreme Administrative Court'.

7. Paragraph 33 (b) is deleted.

Point (c) shall be renumbered (b).

8. In the first sentence of Paragraph 67 (1), the following words shall be added at the end: "unless otherwise provided for in specific legislation '.

9. In Paragraph 72 (2), the words "Under paragraph 1 'may be replaced by the words" Unless otherwise provided for in specific legislation, paragraph 1 may be used';

10. In Paragraph 73, the following sentence is added at the end of paragraph 1: "An appeal against this decision shall not be admissible. '

11. in Paragraph 73 (2):

"(2) Unless otherwise provided, the provisions of the Administrative Rules shall apply to the proceedings and decisions accordingly. ';

12. in Article 73 (3), the words "or the Supreme Administrative Court" shall be inserted after the words "the Supreme Court."

13. in Paragraph 110 (3), the words "or Supreme Administrative Court" shall be inserted after the words "Supreme Court."

14. In Paragraph 117, the following paragraph 4 is added:

"(4) Under the same conditions, the Ministry shall allow the judicial examination to be carried out by a judge of the Constitutional Court and also by an assistant of a judge of the Constitutional Court, of the Supreme Court or of the Supreme Administrative Court if he has been in legal practice under Paragraph 110 for at least 3 years. '

15. In Paragraph 129, the following shall be added at the end of paragraph 3: "or the Supreme Administrative Court '.

16. In Article 134 (2), the words "or the Supreme Administrative Court 'shall be inserted after the words" the Supreme Court'.

17. in Paragraph 135 (1) (c), the dot at the end is replaced by a comma and the following point (d) is added:

"(d) the President of the Supreme Administrative Court, if he is a judge of the Supreme Administrative Court."

18. in Paragraph 136 (1) (b), the words "the collection of decisions of the Supreme Administrative Court" shall be inserted after the words "and opinions."

19. Paragraph 139 (6) reads as follows:

"(6) The Administrative Judicial Council has nine members and consists of three judges elected by the Supreme Administrative Court Judges from among them, two judges appointed by a lot of judges proposed by judges of the Regional Courts, a lawyer proposed by the Czech Bar Association and three experts from the administrative law fields of design by the Dean of the Law Faculty of Higher Education established in the Czech Republic."

20. In Article 139 (7), the words "the Judge elected by the Supreme Administrative Court shall be inserted after the words" the Judge elected by the Supreme Administrative Court, "

21. Paragraph 140 (1) reads:

"(1) From among the judges of the Supreme Court, its members and alternates shall be elected to the Criminal Law Council by the Assembly of Judges of the Criminal College and by its members and alternates shall be elected to the Joint Assembly of Judges of the Civil and Commercial College. From among the judges of the Supreme Administrative Court, the members and alternates of the Administrative Court Council shall be elected by the full Chamber of the Supreme Administrative Court. '.

22. In Article 140, the following paragraph 7 is added:

"(7) Paragraphs 3 to 6 shall apply mutatis mutandis to the election of the members of the Council and their alternates by the High Administrative Court. ';

23. In the first sentence of Paragraph 141 (1), the following words shall be added at the end: '; if it is for the Administrative Court Council, the President of the Council shall be the judge elected by the plenary of the Supreme Administrative Court'.

24. In Annex 3 "Names, Circuits and Headquarters of the District Courts', in point 3" District Court in Blansko ', the word "Spešov' is inserted after the word" Column '.

ČÁST DRUHÁ

Amendment of the law on proceedings in the cases of judges and prosecutors

Čl. II

Act No 7 / 2002 Coll., on proceedings in the case of judges and prosecutors, is amended as follows:

1. in Paragraph 8 (2) (b):

"(b) the President of the Supreme Court against any Judge of that Court and against a Judge of the Lower Court acting in matters falling within the competence of the courts in which the Supreme Court is the Supreme Court,"

2. in Article 8 (2), the following point (c) is inserted after point (b):

"(c) the President of the Supreme Administrative Court against any Judge of that Court and against a Judge of the Lower Degree Court acting in matters falling within the competence of the courts in which the Supreme Administrative Court is the Supreme Court,"

Points (c) to (e) shall be renumbered as points (d) to (f).

ČÁST TŘETÍ

Amendment of the lustration law

Čl. III

Act No. 451 / 1991 Coll., laying down certain additional conditions for the performance of certain functions in the state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic, as amended by the Constitutional Court of the Czech and Slovak Federal Republic of 26 November 1992, published on 15 December 1992 in the amount of 116 / 1992 Coll., Act No. 254 / 1995 Coll., Act No. 422 / 2000 Coll. and Act No. 147 / 2001 Coll., is amended as follows:

In Paragraph 1 (1) (d), the following is added at the end: "and at the Supreme Administrative Court, '.

ČÁST ČTVRTÁ

Amendment to the Public Prosecutor's Act

Čl. IV

Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 261 / 1994 Coll., Act No. 201 / 1997 Coll., Act No. 169 / 1999 Coll., Act No. 11 / 2001 Coll. and Act No. 14 / 2002 Coll., is amended as follows:

1. In Paragraph 32c (2), the words "a judge proposed by the Supreme Court Judicial Council 'are replaced by the words" a judge proposed by the Supreme Court Criminal College'.

2. In Article 32c (3), the words "a judge proposed by the Supreme Court Judicial Council 'are replaced by the words" a judge proposed by the Supreme Court Criminal College'.

ČÁST PÁTÁ

Amendment to Act No. 14 / 2002 Coll.

Čl. V

In Article 3 (2) of Act No. 14 / 2002 Coll., amending Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, and Act No. 201 / 1997 Coll., on the salary and certain other requirements of the prosecutors, and amending and supplementing Act No. 143 / 1992 Coll., on the salary and remuneration for on-call time in the budget and in certain other organisations and bodies, as amended, as amended, as amended by Act No. 155 / 2000 Coll., the words "within 48 months' are replaced by the words" within 24 months'.

ČÁST ŠESTÁ

Amendment of the Civil Code

Čl. VI

Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000 Coll., Act No. 200 / 2000 Coll., Act No. 120 / 2000 Coll., Act No. 2000 Coll., Act No. 2000 Coll., Act No. 2000 Coll., Act No. 2000 Coll., Act No. 2000 Coll., Act No. 2000 Coll., Act No. 2000 Coll., Act No. 2000 Coll.

1. In Article 7, the following paragraph 2 is inserted after paragraph 1:

"(2) The disputes and other legal matters referred to in paragraph 1 which have been decided by law by authorities other than the courts, the courts in civil proceedings shall examine and rule under the conditions set out in Part Five of this Act."

Paragraph 2 shall become paragraph 3.

2. In Article 7, the following paragraph 4 is added, including footnote 96:

"(4) The jurisdiction of courts in administrative judicial matters is governed by a special law. 96)

96) Act No. 150 / 2002 Coll., Administrative Rules. '.

3. Article 8a is deleted.

4. in Article 9 (2), point (b), including footnote 39, shall be deleted;

Points (c) to (k) shall be renumbered (b) to (j).

5. in Article 9 (2) (h):

"(h) disputes concerning the revocation of an arbitrator's decision on the performance of collective agreement obligations;"

6. footnote 1 shall be deleted;

7. in § 9 (3) (n), the words "trade name" are replaced by the words "business name."

8. the following Section 25b is inserted after Section 25a, including footnote 57b:

„§ 25b

Except in the case of a request, the participant may also elect a representative of the patent representative; a patent representative may represent a participant only within the scope of the authorisation provided for in the specific legislation. 57b)

57b) § 2 of Act No. 237 / 1991 Coll., on Patent Representatives, as amended by Act No. 151 / 2002 Coll. '.

9. In Article 26, the following paragraph 3 is inserted after paragraph 2, including footnote 57c:

"(3) In matters of protection against discrimination on grounds of sex, racial or ethnic origin, religion, belief, world opinion, disability, age or sexual orientation, a participant may also be represented in proceedings by a legal person established under a special law, 57c) whose activities in the statutes include protection against such discrimination.

57c) Act No. 83 / 1990 Coll., on the association of citizens, as amended. '

Paragraph 3 shall become paragraph 4.

10. In Article 26 (4), the words "or legal person referred to in paragraph 3 'shall be inserted after the words" the Office'.

11.

„§ 45

The document shall be served by the court by the service provider, the judicial guards, the court executor, the postal licence holder (post office), the public data network or the competent police authority and, in cases provided for by specific legislation, by the Ministry of Justice. ';

12. in Paragraph 46 (6) (b), the dot at the end is replaced by a comma and the following point (c) is added:

"(c) on a hub of a public data network identified by the addressee's electronic address, if delivered via a public data network.";

13. Sections 48 and 48a, including the headings, read:

„§ 48

Service to administration

(1) The letter addressed to the administrative authorities shall be sent to the address of their registered office. If the administrative office so requests, it shall be served on the document to the address communicated to the court.

(2) A document, including a document served on its own, shall be entitled to take over the persons authorised or authorised to appear on behalf of the administrative office before the court or its servants who have been authorised to receive the documents. If they are not, the document shall be submitted to the person entitled to act as administrative office.

§ 48a

Service of State

(1) The letter addressed to the State shall be served on the relevant organisational component of the State to the address of its registered office. If the competent organisational body of the State so requests, it shall be served on the document to the address communicated to the court.

(2) A document, including a document served on its own, shall be entitled to take over the persons referred to in Article 21a (2) or its staff who have been authorised to receive the documents for the relevant organisational component. If they are not, the document shall be submitted to the head of the relevant organisational body of the State. ';

14. The following Section 48e is inserted after Section 48d, which includes the title and footnote 61a:

„§ 48e

Service to court executors

(1) The document shall be served on the court executors at the address of their office of enforcement. 61a) If the court executor so requests, the document shall be delivered to the address communicated to the court.

(2) A document addressed to the court executor, including a document served in his own hands, may also be accepted by the executors, the executive candidates or other members of his staff.

(3) Paragraphs 46 (6) and 48b (3) apply mutatis mutandis.

(4) The service of the document by the representative of the court executor shall be effected mutatis mutandis in accordance with paragraphs 1 to 3.

61a) Paragraph 13 (1) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws. '.

15. After Paragraph 50, the following Sections 50a to 50e are inserted:

"Service procedure

§ 50a

(1) Where a court delivers a document at the hearing or at any other judicial action, this shall be indicated in the record of the hearing or in a report drawn up on another judicial act.

(2) The Protocol shall specify, in addition to the other elements (Paragraph 40), which documents have been served. The record shall also be signed by the person who carried out the service and the addressee or, where appropriate, by the person who took over the document for him.

§ 50b

(1) Where a document has not been served at the hearing or at any other judicial act and cannot be served by means of a public data network, the court shall forward the document in a sealed envelope to the service by the service provider, the judicial guards, the judicial executor or via mail or through a police authority (hereinafter referred to as the service authority).

(2) Where there is a need for proof of service of a document, the court shall forward the document to the service authority, indicating its service on the letter which it shall attach to it. If the document is to be delivered into its own hands (§ 45a), the note "to its own hands' shall be indicated on the delivery note. Where, under the law, a replacement service of a document is excluded, the note" replacement service is excluded 'shall be indicated on the service. Where the order on the enforcement order is served by ordering the claim or the disability of other property rights, the note "the exact time of service' shall be marked on the service.

(3) In cases provided for by specific legislation, the court shall forward the document to the Ministry of Justice for service.

(4) The service of documents to be indicated on the service shall not be subject to the general rules on the delivery of mail. The service of these documents shall be subject to financial compensation for the post office; the method of determining the remuneration and its amount, as well as the claims for its repayment, if the post office did not proceed properly when the documents were delivered, the Ministry of Justice shall determine by a decree issued in agreement with the Ministry of Transport and Communications.

§ 50c

(1) Legal persons, administrative offices, state, lawyers, notaries, notaries, notaries, notaries, municipalities, senior local authorities, court executors and representatives of the court executor shall be served outside the working hours and, as a rule, between 9 and 15 hours. The service to natural persons shall be carried out by the delivering authority outside working days and, as a general rule, between 15 and 22 hours; in justified cases, documents may also be served on working days.

(2) Carriers are entitled to establish the identity of the addressee and of the persons entitled to take over the document for him.

§ 50d

(1) If the natural person or legal person at the place of service has not been contacted, the service provider at the place shall, by the usual means, investigate whether he is staying there. If he finds that he is not staying at the place of service and if no other address or other place of service is known, the service authority shall return the document with the report of the court which submitted the document to him for service.

(2) If the addressee has not been contacted and the replacement service of the document is excluded from the document, the service authority shall return the document to the court which submitted the document for service.

(3) If the service provider imposes a document in a court or post office, he shall leave at the place of service an invitation to the addressee to collect the document. The invitation shall include an indication of who the addressee is, an indication of the document being served, with whom, where and on which date the document has been deposited and until when and at what time the addressee may collect the document.

§ 50e

(1) The delivered product shall contain:

(a) an indication of the court which submitted the document for service,

(b) the indication of the service authority;

(d) the date of service of the document or the date of deposit of the document in the court (post office) or the date on which service of the document was refused;

(e) an hour and a minute of service, provided that the note "the exact time of service,"

(f) the name of the bearer;

(g) the name and surname of the person who took over the document or who refused to take over the document;

(h) the signature of the service provider and, where appropriate, the stamp of the service authority;

(i) the signature of the person who took over the document.

(2) Where the addressee or, where appropriate, the person authorised to take over the document, the document lodged in the court or at the post office, must also bear the name and surname of the person who transmitted the document, its signature and, where appropriate, the stamp of the service authority, the date of receipt of the document, the name and surname of the person who collected the document and its signature.

(3) If the addressee or, where appropriate, the person entitled to take over the document, has refused to accept the document, the service must also contain an indication that the information has been provided as to the consequences of the refusal to accept the document (Paragraph 50) and whether or not the reasons for the refusal to accept the document have been given.

(4) The delivery note, which contains the required particulars, is a public instrument. "

The existing Sections 50a and 50b are referred to as Sections 50f and 50g.

16. In the first sentence of Paragraph 51, the words "in electronic form 'shall be inserted after the word" telegraphically'.

17. In the second sentence of Paragraph 79 (1), the words "(trade name and registered office of a legal person, designation of the State and competent State authority which acts as a court) 'shall be replaced by" (trade name and registered office of the legal person, designation of the State and the competent organisational body of the State which acts as a court)'.

18. In Paragraph 82, the following paragraph 3 is added:

"(3) Where an action (application to initiate proceedings) has been dismissed by a court which, pursuant to a special legislature96, decides the administrative justice case because it was a case pending by the courts in civil proceedings and has reached the court responsible for civil proceedings within one month of the legal authority of the order of the action (application to initiate proceedings) in the present case, it shall be settled with the court on the day on which the court was dismissed (application to initiate proceedings). '

19. In Paragraph 83, the current text becomes paragraph 1 and paragraph 2 is added, which includes footnotes 62a) and 62b):

"(2) Initiation

(a) on the abstention of an infringement or the removal of a malfunctioning in matters relating to the protection of rights infringed or threatened by unfair competition, 62a)

(b) abstention in respect of the protection of consumer rights, 62b)

(d) other matters laid down by specific legislation;

shall also prevent the same defendant from pending further proceedings before the court in actions against other applicants seeking the same action or situation.

62a) Sections 53 and 54 of the Commercial Code.

62b) For example Article 25 (2) of Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 151 / 2002 Coll. '

20. In Paragraph 104a, paragraph 8 is added:

"(8) The provisions of paragraphs 2 and 7 shall not apply if the case falls within the substantive jurisdiction of the court, which shall act under the special legislature96) of the administrative justice case. ';

21. The following Sections 104b and 104c, including footnote 97, are inserted after Paragraph 104a:

„§ 104b

(1) If the case falls within the substantive jurisdiction of a court which decides under a special law (96) of the administrative justice case, the court shall terminate the proceedings. In the order for termination of proceedings, the appellant must also be informed of the possibility of bringing an action against a decision of an administrative authority in the administrative judiciary.

(2) The provisions of paragraph 1 shall not apply where the appellant, pursuant to a special legislature96, seeks protection against the inactivity of the executive body, the local authority, the legal (natural) person or other body entrusted with the decision on the rights and obligations of natural and legal persons in the field of public administration, the protection against unlawful interference, the instruction or the enforcement of the executive authority, the local authority or the legal (natural) person or other body entrusted with the decision on the rights and obligations of natural and legal persons in the field of public administration, the decision on matters of political parties and political movements or the decision on a competent action. In those cases, the court shall state that it is not a matter of substance and shall decide on the referral of the case to the court having jurisdiction in the administrative justice matters. The legal effects associated with the submission of an application to initiate proceedings remain.

(3) Where there is a dispute between a specialised Chamber of the Regional Court set up under the Special Law 96) for the consideration and decision of administrative courts cases and another Chamber of the same Regional Court as to whether an administrative judicial case is concerned, it shall be treated in accordance with a special law; (97) The provisions of paragraphs 1 and 2 shall not apply.

(4) The parties to proceedings shall have the right to comment, where appropriate, on the matter of substantive jurisdiction referred to in paragraph 1 or 2 or on the procedure referred to in paragraph 3.

§ 104c

(1) If the case falls within the competence of a court which acts under a special law (96), the administrative justice case shall not be referred to under Paragraph 104b if the court which acts under a special law (96) of the administrative justice case, in the same case, has rejected the proposal by a final decision, stating that it was a case which the courts are considering and ruling in civil proceedings.

(2) The Court of First Instance shall, in the case referred to in paragraph 1, propose to the Chamber set up under a special law, 97) to rule on the matter in rem.

97) § 2 of Act No. 131 / 2002 Coll., on the Decision of Certain Jurisdiction Disputes. '

22. In Article 120 (2), the words "in proceedings concerning the abolition of a political party or political movement, suspension and renewal of their activities," shall be deleted.

23. In Article 133a, the words "racial or ethnic origin, religion, belief, world opinion, disability, age or sexual orientation," shall be inserted after the words "sex,".

24. In Section 133a, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) The facts alleged that the participant has been discriminated against directly or indirectly on the basis of its racial or ethnic origin, the Court has access to education and training, access to public contracts, membership of employees' organisations or employers' organisations and membership of professional and interest associations, and the sale of goods in trade or the provision of services for proven purposes, unless otherwise indicated in the proceedings. '

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Regulation Information

Citation	Act No. 151 / 2002 Coll., amending certain laws in connection with the adoption of the Administrative Code
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	17.04.2002
Effective from	01.01.2003
Effective until	-
Status	Valid

Legal Areas: Health and safety at work Social security benefits Finance Information, Data, Data Collective negotiations International law International public law Civil law Civil law of procedure Commercial law Political parties and movements Fees Labour law Social security law Industrial rights Judicial and Public Prosecutor's Office Governance of the national economic sectors Administrative authorities Administrative law Administrative procedure Telecommunications, Communications, Mail Constitutional (state) law General internal administration Fundamental human rights Eligibility for the pursuit of certain professions (activities)

The regulation text is for informational purposes only.