Act No. 160 / 2006 Coll.
Act amending Act No. 82 / 1998 Coll., on Liability for Damage in Public Power by Decision or Incorrect Official Procedure and amending Act No. 358 / 1992 Coll., on Notaries and their Activities (Notary Regulations), as amended, Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, as amended, and Act No. 40 / 1964 Coll., Civil Code, as amended
Valid
Effective from 27.04.2006
160
THE LAW
of 16 March 2006
amending Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or maladministration and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended, Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, as amended, and Act No. 40 / 1964 Coll., Civil Code, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Liability for Damage caused in the exercise of public authority by decision or incorrect official procedure and amending the Act of the Czech National Council No. 358 / 1992 Coll., on notaries and their activities (notarial order)
Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by a decision or maladministration and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended by Act No. 120 / 2001 Coll., the Constitutional Court found, published under No. 234 / 2002 Coll. and Act No. 539 / 2004 Coll., is amended as follows:
1. In Article 1 (2), the words "powers conferred 'are replaced by the words" public authorities'.
2. in Article 1, the following paragraph 3 is added:
"(3) The State and the territorial units under separate jurisdiction shall, under the conditions laid down by this law, also bear the non-property damage caused."
3. In Article 3 (b), the words "by law or by law 'shall be inserted after the words" entrusted'.
4. in Article 3 (c):
"(c) authorities of local and local authorities, where damage has occurred in the exercise of a public administration delegated to them by law or by law (hereinafter referred to as" territorial units in delegated jurisdiction ")."
5. in Article 5 (a), the words', in proceedings under the administrative order 'shall be inserted after the words "in administrative proceedings."
6. In Article 6 (2), the words "on appeal or 'are deleted.
7. In Article 6 (2), the words "or court executor 'shall be added at the end of the text of point (a).
8. In Article 6, the following paragraph 5 is added:
"(5) The Office designated pursuant to paragraphs 1 to 4 shall act as a State as an organisational part of the State and in proceedings before a court, unless otherwise provided for in specific legislation."
9. the following Section 6a is inserted after Section 6, including the title and footnote 3b:
Infringement of the right to personal freedom
The liability of the State and of the territorial units under separate jurisdiction for the infringement of the right of personal liberity3b shall be assessed in accordance with the provisions of this Law governing liability for unlawful decisions or maladministration.
3b) For example Article 8 of the Charter of Fundamental Rights and Freedoms, Article 5 of the Convention on the Protection of Human Rights and Fundamental Freedoms, as amended by the later Protocols, published under No 209 / 1992 Coll., as amended by Communication No 41 / 1996 Coll. and Communication No 243 / 1998 Coll. '
10. in Article 8 (2) and (3):
"(2) If the damage was caused by an unlawful decision enforceable, irrespective of the legal authority, the claim may be exercised even if the decision has been revoked or amended on the basis of a proper appeal.
(3) In the absence of specific considerations, the claim for compensation for damages caused by an unlawful decision may be granted only if the injured party has used within the statutory time limits all the procedural means provided by the law to protect his right; such a means of appeal means an ordinary remedy, an exceptional appeal, other than an application for renewal of proceedings, and any other procedural remedy for the protection of the law with which the application is linked to the initiation of judicial, administrative or other legal proceedings. ';
11. in Article 9 (1), the word "also" shall be inserted after the words "the arrest decision."
12. In Section 9, at the end of the text of paragraph 2, the words "that is not the case if the damage in such proceedings is caused by an unlawful decision or by maladministration of the authorities of the Czech Republic '.
13. in Paragraph 10 (1):
"(1) The right to compensation for the damage caused by the sentence decision shall be exercised in whole or in part if, in subsequent proceedings, the prosecution has been acquitted or suspended for the same reasons for which the court decides in the main case by an acquittal judgment. This does not apply if the President of the Republic orders the suspension of the prosecution to use his right to pardon or amnesty. '
14. In Paragraph 13, the sentence "If the law does not set a time limit for the execution of an act or a decision, the infringement or decision shall also be deemed to be an maladministration within a reasonable period of time. '
Footnote 8a reads:
"(8a) For example, Articles 5 and 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms. ';
15.
(1) The claim for compensation is applied to the Office referred to in Section 6.
(2) If the claim has been lodged with an authority which is not competent, the Office shall forward the request to the injured competent authority. The effects of the provisional application are maintained in this case.
(3) The application of a claim for damages under this Act shall be a condition for the possible exercise of a claim for damages in court. '.
16. in Article 15 (1), the words "central authority" shall be replaced by the words "competent authority";
17. in Article 16 (1), the words "or, for the same reason, to grant satisfaction for non-property damage" shall be inserted after the word "procedure."
18.Paragraph 16 (2) reads as follows:
"(2) If the decision of the local authority has been reviewed by the competent authority and subsequently the decision of that authority and the local authority has been annulled for illegality, the State may require a regression payment on the part of the region, if the competent authority is the regional authority or the local authority. '
19. In Article 17 (1), the words "or, if, for the same reason, it has provided satisfaction for non-property damage 'shall be inserted after the word" the institution'.
20. In Paragraph 17 (2), the words "or a public prosecutor, or, for the same reason, to give satisfaction for the non-property damage 'shall be inserted after the words" the Judge's guilt' and the words "or the public prosecutor 'shall be inserted after the words" the Judge's guilt'.
21. in Paragraph 17 (4), the word 'decision-making' is replaced by 'exercise of public authority';
22. In Paragraph 22, the following sentence shall be added at the end of paragraph 1: "An infringement of the obligation to act or to take a decision within the statutory time limit is also an incorrect official procedure. If the law does not provide for a time limit for the execution of an act or for a decision to be taken, an error of official procedure shall also be deemed to be an infringement of the obligation to act or to take a decision within a reasonable period of 8 (a). ';
23.
If the territorial unit has replaced the damage caused by an unlawful decision in respect of which it was issued by an incorrect legal opinion of the competent authority which has annulled the original statutory decision of the territorial unit under separate jurisdiction in the proceedings, or if it has, for the same reason, granted satisfaction for the non-property damage suffered, it may require a regression payment on the part of the region, if the competent authority is the regional authority or the State, if the competent authority is the State authority. ';
24. In Section 24, the words "if the damage caused by the property damage is to be inserted after the word" damage. "
25. Sections 30 and 31, including footnote 12, read:
Compensation for loss of earnings shall be granted at the established amount; If this is not possible, for each day of detention, imprisonment, protective education or protective treatment, the damaged compensation of lost earnings is CZK 170.
(1) Compensation shall include the costs of proceedings which have been effectively incurred by the injured party for the annulment or amendment of an unlawful decision or for the correction of maladministration.
(2) The injured party may claim reimbursement of the costs only if he has not been able to do so in the course of the proceedings under procedural rules or if he has not been so granted reimbursement.
(3) The costs of representation are part of the costs of the proceedings. They include expenditure incurred in an efficient manner and representation fees. The amount of such remuneration shall be determined in accordance with the provisions of the Special Legislation (12) on non-contractual remuneration.
(4) The injured party shall not be entitled to reimbursement of the costs of representation incurred in connection with the hearing of the claim lodged with the competent authority.
12) For example, Decree No. 177 / 1996 Coll., on the remuneration of lawyers and the compensation of lawyers for the provision of legal services (legal tariff), as amended. '
26. After Paragraph 31, the following Section 31a is inserted:
Satisfaction of non-property damage
(1) Whether damage has been caused by an unlawful decision or by an incorrect official procedure, appropriate satisfaction for the non-property damage is also granted under this law.
(2) Satisfaction shall be granted in cash if the non-property damage could not be compensated otherwise and the finding of infringement itself would not appear sufficient. In determining the amount of reasonable satisfaction, account shall be taken of the seriousness of the injury suffered and of the circumstances in which the non-material injury occurred.
(3) In cases where non-property damage has been caused in accordance with the incorrect official procedure provided for in the second and third sentences of Paragraph 13 (1) or in the second and third sentences of Paragraph 22 (1) and (3), account shall also be taken of the specific circumstances of the case, in particular:
(a) the overall length of the driving;
(b) the complexity of the procedure;
(c) the conduct of the injured party to which he has contributed to the delays in the proceedings and whether he has used available means capable of eliminating delays;
(d) the procedure of the public authorities during the procedure; and
(e) the importance of the subject matter of the proceedings for the injured party. ';
27. In Article 32, the following paragraph 3 is added:
"(3) The claim for compensation for non-property damage under this Act shall be suspended six months from the date on which the injured party became aware of the non-property damage suffered, but no later than ten years from the date on which the legal event to which the non-property damage is caused occurred. Where non-property damage has occurred in accordance with the maladministration procedure laid down in the second and third sentences of Paragraph 13 (1) or in the second and third sentences of Paragraph 22 (1), the limitation period shall not end until six months after the end of the procedure in which the maladministration took place. ';
28.
The limitation period shall not run from the date on which the claim for compensation is claimed until the end of the preliminary examination, but for a maximum period of 6 months. '
Transitional provision
The liability under this Act for non-property damage caused by an incorrect administrative procedure under the second and third sentences of Paragraph 13 (1) and Article 22 (1) of Act No. 82 / 1998 Coll., as effective from the date of entry into force of this Act, shall also apply to non-property damage arising before the date of entry into force of this Act, unless entitlement to compensation for such damage has been waived; where the injured party has lodged an early complaint before the entry into force of this law with the European Court of Human Rights on the subject, for which that court has not yet given its final decision, the right to compensation for non-property damage shall be suspended for one year from the date of application of that law.
Amendment of the Act on the Office for the Representation of the State in Property Matters
In Section 8 (a) of Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, the words "Special Legislation 5) or" are deleted.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 160 / 2006 Coll., amending Act No. 82 / 1998 Coll., on Liability for Damage Caused in Public Power by Decision or Incorrect Official Procedure and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order), as amended, Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, as amended, and Act No. 40 / 1964 Coll., Civil Code, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.2006 |
|---|---|
| Effective from | 27.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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