Act No. 186 / 2011 Coll.
Act on the provision of synergies for the purposes of proceedings before certain international courts and other international control bodies and amending Act No. 99 / 1963 Coll., Civil Code, as amended
Valid
Law
Effective from 23.07.2011
Text versions:
23.07.2011
08.07.2011
186
THE LAW
of 8 June 2011
on the provision of synergies for the purposes of proceedings before certain international courts and other international control bodies and amending Act No. 99 / 1963 Coll., Civil Code, as amended
Parliament has decided on this law of the Czech Republic:
PROVISION OF THE ACCIDENT FOR THE PURPOSES OF THE PROCEDURE BEFORE CERTAIN INTERNATIONAL Courts AND OTHER INTERNATIONAL CONTROL AUTHORITIES
(1) The institutions concerned shall provide full, accurate and objective information and other synergies to the Ministry of Justice for the purposes of representation of the Czech Republic in proceedings before the European Court of Human Rights ("the Court ') under the Convention on the Protection of Human Rights and Fundamental Freedoms and Protocols thereto (" the Convention') 1) and the Ministry of Foreign Affairs for the purposes of representation of the Czech Republic in proceedings before the Court of Justice of the European Union under the law of the European Union2).
(2) The institutions concerned whose synergies are necessary under paragraph 1 for the purposes of proceedings before the Court of First Instance or the Court of Justice of the European Union are:
(a) courts, prosecutors, public administrations and other public authorities;
(b) persons, where they exercise public authority,
(c) persons empowered by law or contract to take binding decisions on the rights and obligations of other persons (3).
(3) The obligation referred to in paragraph 1 shall also apply to persons whose conduct or omission is the subject of proceedings before the Court of First Instance or the Court of Justice of the European Union, unless:
(a) are themselves parties to proceedings before the Court of First Instance or the Court of Justice of the European Union;
(b) the provision of information and synergies referred to in paragraph 1 would infringe their fundamental rights or the rights of protected interests; or
(c) the Czech Republic may obtain the necessary information and synergies otherwise.
(4) The obligation referred to in paragraph 1 shall also apply to natural persons who have previously participated in the activities of the institution concerned pursuant to paragraph 2 or in the activities of the person referred to in paragraph 3, provided that the necessary synergies cannot be obtained from those authorities or persons.
(5) A natural person who has provided the required synergy pursuant to paragraph 4 shall be entitled to reimbursement of the expenditure effectively incurred in connection with that. The entitlement shall be exercised within 1 month of the granting of synergies with the institution which applied for it; otherwise the claim shall cease.
(1) The provision of information and other synergies within the meaning of Article 1 includes in particular:
(a) the sending or communication of information on the circumstances of the case and the submission or transmission of documents and other documents necessary to clarify matters of fact and law relating to the alleged infringement of the Convention or of European Union law;
(b) the transmission of a case file or a complete copy thereof or a copy thereof, including the judicial files and the means of evidence kept by the courts, where appropriate to enable the case to be consulted and to obtain copies and extracts thereof;
(c) submitting an opinion on the possibility of an amicable settlement or, where appropriate, ensuring participation in negotiations initiated to reach agreement on the terms of such settlement in the event of a complaint relating to an alleged breach of the Convention;
(d) presentation of an opinion on the referral of the case to the Grand Chamber of the Court of First Instance in the event of a complaint concerning an alleged infringement of the Convention;
(e) to ensure direct consultation with persons who have dealt with the case or who are engaged in the performance of their duties or duties.
(2) The obligation of the general courts to provide information and other synergies referred to in paragraph 1 shall be fulfilled by the Presidents of the courts. In carrying out this obligation, there must be no breach of the Constitution of the Guaranteed Independence of the Judicies4).
(1) The authorities concerned shall be obliged to provide information and other synergies pursuant to Article 2 to the Ministry of Justice or the Ministry of Foreign Affairs at their request and within a time limit set by them or by another Ministry at its request and within a time limit set by it, provided that another Ministry fulfils the obligations laid down by this Act.
(2) The Ministry of Justice and the Ministry of Foreign Affairs shall have the same status as a court for the purposes of this Act in respect of persons subject to the obligation of secrecy under other legislation.
The competent authorities concerned shall without undue delay take all necessary individual and general measures to bring an end to the infringement of the Convention or of the law of the European Union established in the final judgment of the Court of First Instance or of the Court of Justice of the European Union and to prevent further infringement of the Convention or of the law of the European Union on similar grounds for which the Court of First Instance or the Court of Justice of the European Union has found that it has infringed. At the request of the Ministry of Justice or of the Ministry of Foreign Affairs and within the time limit set by them, the authorities concerned shall communicate in writing what specific measures they have taken or proposed or intend to adopt or propose, including, where appropriate, the envisaged timetable for their adoption.
(1) Where the Court of First Instance or the Court of Justice of the European Union issues an interim measure requiring the Czech Republic to do something, to refrain or to endure something, the Ministry of Justice or the Ministry of Foreign Affairs shall inform the competent authority concerned or the person whose cooperation is necessary for the fulfilment of the obligation, of that obligation of the Czech Republic and of the general and individual measures to be taken by that authority or person to fulfil that obligation.
(2) The competent authority concerned or the person whose synergy is necessary for the fulfilment of the obligation shall, without undue delay, carry out all the measures referred to in paragraph 1 necessary for the fulfilment of the obligation imposed by the interim measure of the Court of First Instance or the Court of Justice of the European Union.
(3) If the competent authority concerned pursuant to § 1 (2) (b) and (c) or the person whose synergies are necessary for the fulfilment of the obligation, they do not carry out the measures referred to in paragraph 1 in such a way that the obligation of the Czech Republic is fulfilled within the time limit laid down in the provisional measure of the Court of First Instance, the Czech Republic shall submit an application to the court for a decision (6) to ensure that the obligation is fulfilled.
(1) The obligations to provide information and other synergies pursuant to paragraphs 1 to 5 shall apply mutatis mutandis to the proceedings before the United Nations Committee on Human Rights and to the representation of the Czech Republic in proceedings with the European Commission in accordance with the relevant provisions of the Treaty on the Functioning of the European Union, including those preceding those proceedings.
(2) In accordance with the procedure laid down for the Ministry of Justice, other bodies representing the Czech Republic in individual cases proceedings before other international bodies controlling respect for international human rights obligations may also seek compliance with this law if these obligations for the Czech Republic result from an international agreement which is part of the legal order.
Repeal
Act No. 318 / 2001 Coll., on the provision of information and other synergies for the purposes of proceedings before the European Court of Human Rights and the United Nations Committee on Human Rights, is hereby repealed.
Amendment of the Civil Code
Act No. 2000 / 2000 Coll., Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 160 / 1993 Coll., Act No. 117 / 1994 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll. Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 100 / 2006, Act No. 2006, Act No. 100 / 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No. 2006, Act No.
Proceedings for the performance of duties under the interim measures of the European Court of Human Rights
(1) Where it imposes interim measures issued by the European Court of Human Rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (101) The Czech Republic is obliged to do something, to refrain from doing something or to endure something, and the Czech Republic cannot ensure that this obligation is fulfilled without the cooperation of other persons, the court, acting on a proposal from the Czech Republic, will issue a decision ensuring that the obligation arising from the interim measures of the European Court of Human Rights is fulfilled.
(2) The parties to the proceedings are the Czech Republic and the one against which the proposal is directed. The Ministry of Justice acts for the Czech Republic.
(3) The proceedings shall be brought by a competent court within whose jurisdiction the general court is against which the application is directed.
(4) The court shall decide on the application without delay, not later than 7 days after it has been lodged. The appeal against this decision shall not have suspensory effect.
(5) By order of the party, the Court of First Instance will order the parties to provide the synergies necessary to ensure that the obligation arising from the provisional measures of the European Court of Human Rights is fulfilled.
(6) The obligation to cooperate referred to in paragraph 5 shall continue until the effects of the interim measures of the European Court of Human Rights cease. The European Court of Human Rights shall be notified by the Ministry of Justice of the effects of the interim measure.
101) Convention on the Protection of Human Rights and Fundamental Freedoms, published under No 209 / 1992 Coll., as amended by Protocol No 11, published under No 243 / 1998 Coll., and Protocol No 14, published under No 48 / 2010 Coll. s. Additional Protocol and Protocols No 4, 6 and 7, published under No 209 / 1992 Coll., as amended by Protocol No 11, published under No 243 / 1998 Coll. Protocol No 13, published under No 114 / 2004 Coll. s. '.
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Germany
Klaus v. r.
Nausea v. r.
1) Convention on the Protection of Human Rights and Fundamental Freedoms, published under No 209 / 1992 Coll., as amended by Protocol No 11, published under No 243 / 1998 Coll., and Protocol No 14, published under No 48 / 2010 Coll. s. Additional Protocol and Protocols No 4, 6 and 7, published under No 209 / 1992 Coll., as amended by Protocol No 11, published under No 243 / 1998 Coll. Protocol No 13, published under No 114 / 2004 Coll.
2) Article 19 of the Treaty on European Union (consolidated version).
3) For example, Act No. 216 / 1994 Coll., on Arbitration and Enforcement of Arbitration Findings, as amended.
4) Article 82 (1) of Constitutional Act No. 1 / 1993 Coll., Constitution of the Czech Republic.
5) For example § 53 (1) (c) of Act No. 280 / 2009 Coll., Tax Code.
6) § 200in Act No. 99 / 1963 Coll., Civil Code, as amended.
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Regulation Information
| Citation | Act No. 186 / 2011 Coll., on the provision of synergies for the purposes of proceedings before certain international courts and other international control bodies and amending Act No. 99 / 1963 Coll., Civil Code, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.2011 |
|---|---|
| Effective from | 23.07.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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