Act No. 239 / 1995 Coll.
Act amending and supplementing Act No. 335 / 1991 Coll., on Courts and Judges, as amended
Valid
Law
Effective from 01.01.1996
239
THE LAW
of 27 September 1995
amending and supplementing Act No. 335 / 1991 Coll., on Courts and Judges, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 335 / 1991 Coll., on Courts and Judges, as amended by Act No. 264 / 1992 Coll., Act No. 17 / 1993 Coll. and Act No. 292 / 1993 Coll., is amended as follows:
1. the following Section 8a is inserted after Section 8, including footnote 1:
(1) This prohibition shall not apply to members of the armed corps on duty.
1) Article 2 (1) of Act No. 147 / 1983 Coll., on Weapons and Ammunition. '
2. In Paragraph 11, the second sentence is: "The President of the District Court, on the basis of the final decisions of the Court of First Instance, gives incentives through the Regional Court to unify the decisions of the Supreme Court."
3. In Section 14, the words "the Supreme Court or 'are deleted.
4. In Paragraph 15 (1), the following words are inserted after the word "Vice-President ':" or Vice-Presidents'.
5.
Supreme Courts
(a) they shall act as second-instance courts in cases in which the regional courts have ruled at first instance;
(b) examine the legality of decisions of other bodies in cases provided for by law;
(c) decide in other legal cases. "
6. Sections 17 and 18 are deleted.
7.
The President and Vice-Presidents of the Supreme Court shall, in accordance with the schedule of the work of the judiciary belonging to the Supreme Court as Presidents of Chambers or Judges. The President of the Supreme Court, on the basis of final decisions of the Court of First Instance, gives the initiative to unify the decisions of the Supreme Court. If requested by the Supreme Court, the President of the Supreme Court shall give observations before giving an opinion on the interpretation of laws and other laws (hereinafter referred to as "opinions'). The Supreme Court or his college."
8.
(1) The Supreme Court ensures the lawfulness of judgments by:
(a) decide on extraordinary appeals in the cases provided for in the laws governing proceedings before the courts;
(b) it shall act in other legal cases.
(2) The Supreme Court also decides on the recognition and enforceability of a decision of the foreign courts in the Czech Republic, if required by law or international treaty. It shall also act in other legal cases.
(3) The Supreme Court shall monitor the final decisions of the courts and shall deliver opinions in the interests of uniform decisions of the courts. ';
9. In Paragraph 29 (2), the words "institutions and organisations' are replaced by the words" administrative offices and other bodies and legal persons'.
10. in Article 30 (2), the words "Chambers of the Supreme Court and the Supreme Court" shall be deleted.
11. Article 30 shall be added to paragraph 3:
"(3) Before taking an opinion, the College may request comments from the Presidents of the Supreme Courts and representatives of administrative offices and other bodies and legal persons. ';
12. In § 31 (2), the words "and Attorney General of the Czech Republic" are deleted.
13. In Paragraph 32 (1), the words "Chambers of the Supreme Court and the Supreme Court" shall be deleted.
14. In Paragraph 39 (2), the words "the President of the College and the President of the Chambers of the Supreme Courts' are replaced by the words" the President of the Chambers of the Supreme Courts'.
15. In Paragraph 40, the following paragraphs 4 to 7 are inserted after paragraph 3:
"(4) If the proper conduct of the judiciary cannot be ensured in accordance with the procedure laid down in paragraphs 2 and 3, the Minister of Justice may, after consulting the President of the Court to which the Judge is assigned to perform his duties, transfer the Judge, even without his consent or his request, to another court, if the law provides for a change in the organisation of the courts or a change in the perimeter of the courts.
(5) In accordance with paragraph 4, a Judge of the court concerned by the legal amendment referred to in paragraph 4 may be transferred only to another court of the same degree within the perimeter of the court by one degree higher or to a court of one degree lower in the district of the court to which the Judge is assigned to perform his duties. The Judge referred to in paragraph 4 may be translated only within six months of the application of the law giving rise to the grounds for the decision; for the same reason, the Judge may not be retranslated.
(6) The basic salary due to the judge under a special law, 2) which has been transferred to another court pursuant to paragraph 4, shall remain valid.
(7) An appeal to the Supreme Court may be brought against the decision of the Minister of Justice referred to in paragraph 4 in accordance with special provisions (3). '.
Paragraphs 4 and 5 shall be renumbered paragraphs 8 and 9.
16. Notes 2 and 3 shall read as follows:
"2) Act No. 236 / 1995 Coll., on the salary and other formalities connected with the performance of the duties of representatives of the State Government and of certain state bodies and judges.
3) § 250l et seq. of the Civil Code. '.
17. in Paragraph 40 (8), "only" is replaced by "also."
18. Paragraph 40 (9) reads as follows:
"(9) The Minister of Justice may assign or transfer judges to the Supreme Court only with the consent of the President of that Court. The approval of the President of the Supreme Court is also required for the transfer of a judge of that court to a lower court (paragraph 3). '.
19. in Paragraph 41 (2) (a) read:
"(a) to use experience in the Ministry of Justice,"
20. in § 42 (1) (a):
"(a) the Minister of Justice, if it is a temporary assignment of judges to the Ministry of Justice or to the Supreme Court,"
21. in Paragraph 42 (1) (b), the words "to another" shall be replaced by the words "to the upper."
22. Paragraph 49 (2) reads as follows:
"(2) The Minister of Justice shall decide on the temporary dismissal of the Judge; if it is a judge of the Supreme Court, it shall do so in agreement with the President of that Court. ';
23. Paragraph 50 (2) reads as follows:
"(2) The Judge may be released from office of the President and Vice-President of the Court and of the President of the College of the Supreme Court by the person who appointed him. '.
24. In Paragraph 52, the following paragraph 5 is inserted after paragraph 4:
"(5) The pedagogical activity referred to in paragraph 4 shall mean a lecturing or other educational activity carried out for, or under the authority of, the Ministry of Justice, Courts and Public Prosecutor, and a similar activity carried out at universities or within the framework of a system of primary and secondary schools. ';
Paragraph 5 shall become paragraph 6.
The President of the Chamber of Deputies is hereby authorised to declare, in the Collection of Laws of the Czech Republic, the full text of Act No. 335 / 1991 Coll., on Courts and Judges, as is apparent from the later regulations.
This Act shall take effect on 1 January 1996.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 239 / 1995 Coll., amending and supplementing Act No. 335 / 1991 Coll., on Courts and Judges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1995 |
|---|---|
| Effective from | 01.01.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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