Act of the Czech National Council No. 17 / 1993 Coll.
Act of the Czech National Council amending and supplementing Act No. 335 / 1991 Coll., on Courts and Judges, as amended by Act No. 264 / 1992 Coll.
Valid
Effective from 01.01.1993
17
THE LAW
Czech National Council
of 21 December 1992
amending and supplementing Act No. 335 / 1991 Coll., on Courts and Judges, as amended by Act No. 264 / 1992 Coll.
The Czech National Council decided on this law:
Act No. 335 / 1991 Coll., on Courts and Judges, as amended by Act No. 264 / 1992 Coll., is amended as follows:
1.
(1) The courts of the Czech Republic carry out independent courts.
(2) The courts of the Czech Republic are: Supreme Court of the Czech Republic ("Supreme Court"), Supreme Courts; regional courts, higher military courts, district courts and military district courts; at the time of the state's armed emergency, higher court-martial and lower court-martial.
(3) In the territory of the capital city of Prague, the jurisdiction of the Regional Court shall be exercised by the Municipal Court; the jurisdiction of the district courts shall be exercised by the district courts.
(4) In cases provided for by a special law, the jurisdiction of the district courts may also be exercised by courts otherwise designated. "
Section 2 is deleted.
3. In the second sentence of Article 14, the words "the Supreme Court of the Republic 'are replaced by the words" the Supreme Court or the Supreme Court'.
4. The heading above Section 15 reads "Supreme Courts."
5. In Article 15, the words "Supreme Court of the Republic 'are replaced by the words" Supreme Court'.
6. In Article 16, the introductory sentence begins with the sentence "The Supreme Court shall ensure the interpretation of laws and other laws by: '; the provisions of point (b) are as follows:
"(b) deliver an opinion on interpretations of laws and other laws in relation to judgments of courts in its constituency;"
7. In Article 17 (1), the words "Supreme Court of the Republic 'and" Supreme Court' shall be replaced by the words "Supreme Court '; the words" Military Court' shall be added after the words "Criminal College ';
8. In Article 17 (2), the words "unification 'and the words" generally binding' are deleted; where the law contains the words "to harmonise the interpretation of laws and other generally binding laws', they shall be replaced throughout the law by the words" to interpret laws and other laws'.
9. In Article 18, the words "Supreme Court of the Republic 'and" Supreme Court' are replaced by the words "Supreme Court '; paragraph 2 (c) and the second sentence of paragraph 3 are deleted.
10. In Article 19 (1), the words "Supreme Court of the Republic 'are replaced by the words" Supreme Court of the Republic'; the words "Supreme Court of the Republic 'are replaced by the words" Court of Justice';
11. in Article 19 (2), the words "Supreme Court of the Republic" and "Supreme Court" shall be replaced by the words "Supreme Court."
12. in Article 24 (1), the words "the Czech and Slovak Federal Republic" shall be deleted; the words "the Supreme Court or" shall be added after the words "the unification of decisions."
13. In the first sentence of Paragraph 25 (1), the words "the Czech and Slovak Federal Republic 'are replaced by the words" the Czech Republic ("the Minister of Defence') '.
14. in § 25 (1) (b) and (d), the words "Czech and Slovak Federal Republic" are replaced by the words "and military colleges of supreme courts."
15. In Paragraph 25 (1) (f), the words "Czech and Slovak Federal Republic" are replaced by the words "supreme courts"; the words "with federal jurisdiction" are deleted.
16. In Paragraph 25, the following paragraph 2 is inserted after paragraph 1:
"(2) The Defence Minister shall exercise the administration of the Military College of the Supreme Courts through the Chair of that College in agreement with the Minister of Justice of the Czech Republic (" the Minister of Justice ').'.
Paragraph 2 shall become paragraph 3.
17. In Paragraph 25 (3), the words "the Czech and Slovak Federal Republic" are deleted and the words "the Federal Ministry of Defence" are replaced by the words "the Ministry of Defence of the Czech Republic (" the Ministry of Defence ")."
18. The title above § 26 reads: "Supreme Court."
19. In Section 26, the words "Czech and Slovak Federal Republic 'are deleted.
20. Paragraph 27 (1) reads as follows:
"(1) The Supreme Court shall act in chambers composed of the President of the Chamber and two Judges. In chambers composed of the President of the Chamber and four Judges, it shall rule on extraordinary appeals against decisions of the Supreme Courts. '.
21. Paragraph 27 repeals paragraph 2; paragraph 3 becomes paragraph 2.
22. the words "Czech and Slovak Federal Republic" shall be deleted in Paragraph 27 (2).
23. Paragraph 28 (1) reads as follows:
"(1) The Supreme Court shall monitor the final decisions of the Supreme Courts and ensure the legality of the decisions between the Supreme Courts and the courts in their constituency by:
(a) decide on extraordinary appeals against decisions of the supreme courts;
(b) deliver opinions on the interpretation of laws and other legislation;
(c) decide in other legal cases. "
24. Paragraph 28 (2) reads as follows:
"(2) The Supreme Court also decides on the recognition and enforceability of decisions of the foreign courts in the Czech Republic, if required by law or international treaty. '
25. The words "Czech and Slovak Federal Republic" shall be deleted in Paragraph 29 (1); the reference in brackets reads: "[Paragraph 28 (1) (b)] '.
Article 26 (29) (2) reads as follows:
"(2) Before taking a position, the Supreme Court may request observations from the Presidents of the Supreme Courts and representatives of other institutions and organisations. ';
27. in § 29 (3), the words "Czech and Slovak Federal Republic" shall be deleted.
28. In Section 30, the words "Czech and Slovak Federal Republic ', the words" Supreme Courts of the Republics' and the words "Federal Jurisdiction 'are deleted; in paragraph 1, after the word" civil', the comma shall be deleted and the words "commercial and administrative 'shall be replaced by the words" and commercial'; In paragraph 2, the words "and supreme courts' shall be inserted after the words" Supreme Court '.
29. In Section 31, the words "Czech and Slovak Federal Republic 'and the words" with federal competence' are deleted; the words "Supreme Courts of the Republics' shall be replaced by" Supreme Courts' and the words "Czech Republic 'shall be added after the words" Prosecutor General'.
30. In Paragraph 32 (1), the words "Czech and Slovak Federal Republic ', the words" Supreme Courts of the Republics' and the words "Federal Jurisdiction 'are deleted; in the last sentence, the words" and supreme courts' shall be added after the words "Supreme Court '.
31. In Paragraph 32 (2), the words "Czech and Slovak Federal Republic" are deleted.
32. Paragraph 32 repeals paragraph 3; paragraphs 4 and 5 become paragraphs 3 and 4.
33. In Paragraph 32 (3), the words "with the President of the Supreme Court of the Czech and Slovak Federal Republic" are replaced by the words "with the Minister of Justice" and the words "Czech and Slovak Federal Republic" are deleted.
34. the words "Czech and Slovak Federal Republic" shall be deleted in Paragraph 32 (4).
35. Paragraph 33 (1) reads as follows:
"(1) The seat of the Supreme Court is Brno."
36. In Paragraph 33, the following paragraph 2 is inserted after paragraph 1:
"(2) The district of the Supreme Court in Prague is the same as the districts of the Regional Courts in Prague, České Budějovice, Plzeň, Ústí nad Labem, Hradec Králové and the Municipal Courts in Prague, České Budějovice, Plzeň, Litoměřice and Hradec Králové. The District of the Supreme Court, based in Olomouc, is the same as the District Courts Circuits in Brno and Ostrava and the Military District Courts Circuits in Brno and Olomouc."
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
37. Paragraph 33 (3) reads as follows:
"(3) The Seats and Circuits of District and Regional Courts and the Seats and Circuits of Military Courts shall determine a special law."
38. In Paragraph 33 (4), the words "National Council Laws' are replaced by the words" Special Act '.
39. in Paragraph 33 (5), the words "the competent Republic" shall be replaced by the words "the Czech Republic (hereinafter referred to as" the Ministry of Justice ")" and the following sentence shall be added at the end: "This right shall belong to the Ministry of Defence in the field of military justice."
40. Paragraph 33 (6) shall be deleted.
41. in Article 34 (1), the words "and the Slovak Federal Republic" shall be replaced by the words "the Republic."
42. In Paragraph 34 (4), the words "Czech and Slovak Federal Republic" are replaced by the words "and military college of the Supreme Court."
43. In Article 34 (5), the words "the relevant Republic 'and the words" the Czech and Slovak Federal Republic' are deleted.
44. Paragraph 36 (1) reads as follows:
"(1) The number of judges of military courts, military colleges of supreme courts and military colleges of the Supreme Court shall be determined by the Minister for Defence. ';
45. Paragraph 36 repeals paragraph 2; paragraph 3 becomes paragraph 2.
46. Paragraph 37 (3) reads as follows:
"(3) The vows consist of:
(a) Judges of military courts, military colleges of supreme courts and military colleges of the Supreme Court in the hands of the Minister of Defence;
(b) Judges of other courts in the hands of the Minister of Justice,
(c) the alternates of the county, county and military courts to the hands of the President of the court to which they were elected. "
47. In Paragraph 38, paragraphs 1, 2 and 4 are deleted. Paragraphs 3 and 5 shall become paragraphs 1 and 2.
Paragraph 38 (1) reads as follows:
"(1) The judge shall be appointed by the President of the Republic. '.
49. In Paragraph 38 (2), the words "laws of national councils' are replaced by the words" special laws'.
50. Paragraph 39 repeals paragraph 1; paragraphs 2 to 6 become paragraphs 1 to 5.
51. Paragraph 39 (1) reads as follows:
"(1) The President and Vice-President of the Supreme Court shall be appointed from among the Judges by the President of the Republic."
52. In the first sentence of Paragraph 39 (2), the words "Czech and Slovak Federal Republic 'are deleted and the words" Supreme Courts of the Republics' are replaced by the words "Supreme Courts'. The second sentence is released.
53. In Paragraph 39 (3), the words "Presidents and Vice-Presidents of Regional Courts" shall be replaced by the words "Presidents and Vice-Presidents of Supreme and Regional Courts"; the words "competent Republic 'are replaced by the words" Czech Republic';
54. In Paragraph 39 (5), the words "Czech and Slovak Federal Republic" are deleted.
55. In Paragraph 40 (1), the words "courts of the Republics" and the words "competent Republic" shall be deleted.
56. In Article 40 (5), the words "the Supreme Court of the Republic 'are replaced by the words" the Supreme Court and the Supreme Court' and the words "the President of the Supreme Court of the Republic 'are replaced by the words" the President of the Supreme Court and the President of the Supreme Court'.
57. The words "Czech and Slovak Federal Republic" are deleted in Paragraph 40 (6).
58. Paragraph 41 (2) (a) reads as follows:
"(a) to use the experience of the central authority which manages the courts, the Office of the Government of the Czech Republic, the office of the legislature of the Czech Republic, or the Constitutional Court of the Czech Republic,"
59. in Paragraph 41 (2), the following point (c) is added:
"(c) Judge of the Supreme Court for the exercise of judicial activity in another Supreme Court."
60. Paragraph 42 (1) (a) reads as follows:
"(a) the Minister of Justice, except in the cases referred to in point (c), shall go to the Ministry of Justice, to the Supreme Court, to the Supreme Court, to the Office of the Government of the Czech Republic, to the Office of the legislature of the Czech Republic or to the Constitutional Court of the Czech Republic,."
(61) In Paragraph 42 (1) (b), the words "the Republic concerned" shall be deleted; the words "or other senior" shall be added after the word "regional."
62. In Paragraph 42 (1) (c), the words "the Czech and Slovak Federal Republic" shall be deleted; the words "the Military College of the Supreme Court and the Military College of the Supreme Court" shall be added after the words "the Military Courts,"
63.In Paragraph 42 (1), points (d) and (e) are deleted.
64. the words "and (e)" shall be deleted in Paragraph 42 (2).
65. The words "Czech and Slovak Federal Republic" shall be deleted in Paragraph 43 (1).
66. Paragraph 43 (2) reads as follows:
"(2) The method of supplementing the judges of the military courts, the military colleges of the Supreme Court and the military college of the Supreme Court under the armed alert of the State shall be adapted by the Ministry of Defence in agreement with the Ministry of Interior of the Czech Republic and the Ministry of Justice."
Article 67 (44) (2) reads as follows:
"(2) The motion for appeal from the office of military judges shall be made by the Minister for Defence. The application for appeal shall be filed by the Minister of Justice from the office of Judges of the other courts. '.
68. Paragraph 46 (3) reads as follows:
"(3) The Judge shall be dismissed from office by the Minister of Justice, if he is a military judge, the Minister of Defence; the discharge of the post of associate shall be decided by the authority which elected the associate (§ 38). ';
69.
If the judge or associate of citizenship of the Czech Republic is lost, this will result in a loss of office. "
70. Paragraph 49 (2) (a) reads as follows:
"(a) the Minister of Justice, except in the cases referred to in (c); if it is a judge of the Supreme Court and the Supreme Court, he shall do so in agreement with the President of the competent court;"
71.In Paragraph 49 (2), point (b) is deleted.
72. Paragraph 49 (2) (c) reads as follows:
"(c) the Minister of Defence with military judges; if it is a judge of the military colleges of the Supreme Court or of the Military College of the Supreme Court, it shall do so in agreement with the President of the competent court, ';
73.In Paragraph 49 (2), point (d) is deleted.
74. In the first sentence of Paragraph 50 (2), the words "the College of the Supreme Court 'are replaced by the words" the College of the Supreme Court and the Supreme Court'. The second sentence is released. In the third sentence, the words "and 2" are released.
75. in Paragraph 51 (3), the words "Czech and Slovak Federal Republic" are replaced by the words "and military colleges of supreme courts."
76. In Paragraph 52 (2), the words "Czech and Slovak Federal Republic" are replaced by the words "and military colleges of supreme courts."
77.Article 52 (3) reads as follows:
"(3) The function of judge and associate is incompatible with the function of President of the Republic, Member of Parliament of the Czech Republic and with any public office."
Article 78 (5) reads as follows:
"(5) The pay ratios of judges shall be governed by a special law."
79.In § 53 (1) and (2), the words "Czech and Slovak Federal Republic" are replaced by the words "and military colleges of supreme courts."
80. In Article 53, paragraphs 3 and 4 are added:
"(3) The provisions of paragraph 2 shall not be used if the Judge is dismissed from the military service at his own request.
(4) Where a Judge who has been discharged from an active military service pursuant to paragraph 3 agrees to be assigned to a court of the same degree, such consent shall be deemed to have been authorised to be assigned to a court under Paragraph 34 (1). Otherwise, his duties under Paragraph 38 shall cease to exist. '.
81. In Article 54 (3), the words "the President of the Supreme Court of the Republic, the Prime Minister, and the President of the Supreme Court of the Czech and Slovak Federal Republic 'are replaced by the words" the President of the Supreme Court, the Prime Minister of the Czech Republic'.
82. § 58 reads:
The special law shall lay down the jurisdiction of professional interest organisations of judges on matters governed by that law. ';
83. In Paragraph 60 (2), the words "the Republic concerned" shall be deleted.
84. in Paragraph 60 (3), the word "Ministry" is replaced by the word "Ministry."
85. in Paragraph 60 (4), the words "the relevant Republic" and "the Federal Republic" shall be deleted.
86. In Section 62, the words "the relevant Republic 'and the words" the Czech and Slovak Federal Republic' are deleted.
87. In Paragraph 62 (2), the words "the relevant Republic" and "the Federal Republic" shall be deleted.
Article 88 (6) reads as follows:
"(6) The pay ratios of judicial candidates shall be governed by a special law."
89. In Section 72, the words "competent Republic 'and the words" Czech and Slovak Federal Republic' are deleted.
1. On the effective date of this law, the Supreme Court in Prague will take up its activities.
2. The Supreme Court of Olomouc shall commence its activity on a date to be laid down by a special law; until then, his jurisdiction is exercised by the Supreme Court in Prague.
3. The judges assigned to perform the duties of the Supreme Court shall become judges assigned to perform the duties of the Supreme Court in Prague in accordance with § 39.
4. Workers of the Supreme Court, who were in employment with the Supreme Court on the date of application of this Act, become employees of the Supreme Court in Prague in functions corresponding to their existing functional classification.
5. The provisions of this Law shall cease to apply on 31 December 1993, in so far as they apply to the activities of military courts and the status of military judges and sitting military courts. If, on that date, a military judge agrees to be assigned to a court of the same degree, that consent shall be deemed to be the consent to be assigned to a court under Paragraph 34 (1). Otherwise, his duties under Paragraph 38 shall cease to exist.
6. Pending the appointment of the President or Vice-President of the Supreme Court, the Minister of Justice shall delegate the office of President of that Court to one of the Judges of that Court.
7. Cases pending by the Supreme Court of the Czech and Slovak Federal Republic, in which no decision will be taken by the date of the entry into force of this Act, if a foreign decision is recognised, shall be taken over by the Supreme Court, if the person to whom the decision relates is resident or resident in the territory of the Czech Republic, or shall take over any other matters which are determined by consideration of the Supreme Court of the Czech and Slovak Federal Republic, taking into account the legal interest of the person to whom the decision relates.
This Law shall take effect on 1 January 1993, with the exception of the provisions of point 69.
Point 69 shall take effect on 1 January 1994.
Uhde v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 17 / 1993 Coll., amending and supplementing Act No. 335 / 1991 Coll., on Courts and Judges, as amended by Act No. 264 / 1992 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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