Act No. 303 / 2011 Coll.
Act amending Act No. 150 / 2002 Coll., Administrative Rules, as amended, and certain other laws
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Law
Effective from 01.01.2012
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01.01.2012
14.10.2011
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303
THE LAW
of 6 September 2011
amending Act No. 150 / 2002 Coll., the Administrative Rules of Procedure, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Administrative Rules of Procedure
Act No. 150 / 2002 Coll., Administrative Code, as amended by Act No. 192 / 2003 Coll., Act No. 22 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 555 / 2004 Coll., Act No. 127 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 357 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 79 / 2006 Coll., Act No. 112 / 2006 Coll., Act No. 301 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 189 / 2006 Coll., Act No. 269 / 2006 Coll., Act No. 216 / 2008 Coll., Act No. 301 / 2008 Coll.
1. In Paragraph 7 (2), the word "last 'is replaced by the word" first'.
2. In Article 7, at the end of paragraph 2, the sentence "If that administrative authority has its registered office outside its jurisdiction, it shall be deemed to have its registered office within its jurisdiction."
3. In Paragraph 7 (3), the words "pension insurance 'are deleted.
4. Paragraph 7 (4) is deleted.
Paragraphs 5 and 6 shall be renumbered paragraphs 4 and 5.
5. In Article 8, paragraph 6 is added:
"(6) The last sentence of paragraph 5 shall not apply where the court considers that the objection of bias raised in the course of proceedings in which the court is required to take a decision within the time limits set for the days is not justified if a complaint against that decision is admissible. ';
6. in Article 16 (2) (a), the words "local and regional referendums" shall be inserted after the words "electoral matters,"
7. in Article 16 (2), point (b) is deleted;
Point (c) shall be renumbered (b).
8. in Article 16 (3) (a), "(c)" is replaced by "(b)";
9. in Articles 31 (2) and 60 (2), the words "pension insurance," shall be deleted;
10. In Article 31 (2), the words "the decision on administrative expulsion, the decision on the obligation to leave the territory, the decision on the detention of a stranger, the decision on the extension of the duration of the detention of a foreigner, as well as other decisions which result in the restriction of the personal freedom of a foreigner," shall be inserted after the words "international protection."
11. In Paragraph 33, the sentence "A participant is competent to act separately in the proceedings (hereinafter referred to as" procedural capacity ') to the extent that it has the capacity to acquire rights and to assume its own obligations is inserted at the beginning of paragraph 3.'
12. In the second sentence of Article 34 (3), the words "the action, the order granting suspensive effect, the order for interim action 'shall be inserted after the words" It shall be served'.
13. In Paragraph 34, the following paragraph 5 is added:
"(5) Where the number of persons involved in the proceedings is exceptionally high and the exercise of their rights could be jeopardised by the rapid conduct of the proceedings, the court shall decide that the persons involved in the proceedings may exercise their rights in the proceedings only through the joint agent chosen by it. Should the total number of agents elected rise to more than 10 and the parties involved in the proceedings fail to agree on the selection between them, the selection shall be made by the court taking into account the interests of the parties involved in the proceedings. The common agent shall exercise the rights of the persons involved in the proceedings he represents. Paragraph 35 (2) and (6) shall apply mutatis mutandis. ';
14. In the first sentence of Article 35 (5), the words "the decision on administrative expulsion, the decision on the obligation to leave the territory, the decision on the detention of a stranger, the decision on the extension of the duration of the detention of a stranger, as well as other decisions which result in the restriction of the personal freedom of a stranger," shall be inserted after the words "international protection,"
15. In the first sentence of Paragraph 35 (5), the words "or aliens" shall be inserted after the words "aid to refugees."
16. In the first sentence of Paragraph 35 (8), the word "necessarily 'shall be inserted after the words" if it is'.
17. In Paragraph 35, the sentence "The representative established in the proceedings before the Regional Court, if he is a lawyer, shall be added at the end of paragraph 8. '
18. In the first sentence of Paragraph 36 (3), the word "partly 'shall be inserted after the word" President of the Chamber'.
19. In Paragraph 36 (3), the following sentence shall be inserted after the first sentence: "The admission of a party to an exemption from judicial fees may only exceptionally be granted if there are particularly serious reasons and this decision must be justified."
20. In Paragraph 36, at the end of paragraph 3, the sentence "Granted exemption also applies to the appeal proceedings' is added.
21. In Paragraph 37 (3), the fourth sentence shall be replaced by the sentence "The documents to be annexed to the application shall be the documents relied on by the feeder."
22. In the second sentence of Paragraph 37 (5), the words "proceedings for such a procedure 'are deleted.
23. in Paragraph 38 (3):
"(3) The application for interim measures shall be decided by the court without undue delay; If there is no danger of delay, it shall decide within 30 days of its submission. The resolution on the application for interim measures must always be justified. '
24. In the second sentence of Paragraph 41, the word "customs," is inserted after the word "tax."
25. At the end of the text of § 41, the words "and of limitation periods in respect of compensation or non-property damage caused by the exercise of public authority under a special law 'shall be added.
26. In Paragraph 48, the following paragraph 1 is added:
"(1) The Court of First Instance shall stay the proceedings by order if:
(a) an application has been submitted to the Constitutional Court pursuant to Article 95 (2) of the Constitution;
(b) decide to apply the Court of Justice of the European Union for a preliminary ruling on Question 15a. ';
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
27. in Article 48 (2), points (a) and (e) are deleted;
Points (b) to (d) shall be renumbered (a) to (c) and (f) shall be renumbered (d).
28. in Article 48 (3), points (d) and (e) are deleted;
Point (f) shall become point (d).
29. In the first sentence of Paragraph 49 (1), the words' to prepare at least 10 working days' shall be replaced by 'to prepare at least 10 days'; a shorter time for preparation may be set in proceedings in which the court is required to decide within the time limits set for the days'.
30. In Article 53 (2), the words "where the law provides for it 'are deleted.
31. In Paragraph 54, at the end of paragraph 3, the sentence "In the proceedings in which the court is required to take a decision within the time limits set for the days, the first sentence shall be followed without undue delay."
32. in Article 55 (3), the words "and interested parties" shall be deleted;
33. In Paragraph 55 (3), the words "or the decision to grant suspensive effect or to apply for interim measures" shall be inserted after the words "if the proceedings are terminated."
34. After Paragraph 55, the following Section 55a is inserted:
Different opinion
A member of the Chamber of the Supreme Administrative Court of the composition referred to in paragraphs 16 (2) (a) and 16 (3), who does not agree with the decision of the Board or its reasons for doing so, shall have the right to have his different opinion given in the voting protocol and to have the reasons for his disagreement attached to the draft written decision stating his name. ';
35. Paragraph 56, including the title, reads:
Order of hearing and decision-making
(1) The Court of First Instance shall examine and decide the cases in accordance with the order in which they have been brought; This does not apply where there are serious reasons for the matter to be given priority consideration and decision-making.
(2) The Court of First Instance shall examine and decide, as a matter of priority, applications for exemption from judicial fees and applications for the provision of a representative.
(3) The Court of First Instance shall examine and decide, as a matter of priority, actions against failure to act by an administrative authority and actions against unlawful interference, order or coercion of an administrative authority, proposals and actions relating to international protection, decisions relating to administrative expulsion, decisions relating to the obligation to leave the territory, decisions relating to the detention of a foreigner, decisions extending the duration of the detention of a foreigner and other decisions restricting the personal freedom of a stranger, decisions concerning the termination of special protection and assistance to witnesses and other persons in connection with criminal proceedings, as well as other matters provided for by a special law. "
36. In Paragraph 60, the following paragraph 10 is added:
"(10) The procedure laid down in the tax rules shall apply to the recovery of the claims referred to in paragraph 9. ';
37. In Paragraph 66, the following paragraph 3 is inserted after paragraph 2:
"(3) The Ombudsman shall be entitled to bring the action if he proves a serious public interest in bringing it. '.
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
38. in Article 66 (5) and (6), the words "paragraphs 1 to 3" are replaced by the words "paragraphs 1 to 4."
39. In Paragraph 66 (6), the words "if another action is brought pursuant to the same paragraph, even if it is brought by another person entitled to do so, even though he has not yet brought such action in the case 'are replaced by the words" if someone else has already brought the action in the same case for the same legal reasons'.
40. in Paragraph 72 (1), the last sentence is deleted;
41. in Paragraph 72 (2), "§ 66 (1) and (2)" is replaced by "§ 66 (1) to (3)" and "§ 66 (3)" is replaced by "§ 66 (4)."
42. In Paragraph 73 (2), the words "irreplaceable damage, the granting of suspensive effect shall not affect the unfair rights acquired by third parties and shall not be contrary to the public interest 'shall be replaced by the words" disproportionately greater damage than the granting of suspensive effect may give rise to other persons and, if that is not contrary to an important public interest'.
43. in Paragraph 73, the following paragraph 4 is inserted after paragraph 3:
"(4) The court shall decide on the application to grant suspensive effect without undue delay; If there is no danger of delay, it shall decide within 30 days of its submission. The resolution on the proposal to grant suspensive effect must always be justified. ';
Paragraph 4 shall become paragraph 5.
44. In the second sentence of Paragraph 74 (1), the words' within a two-month period 'are replaced by' within a period of one month '.
45. In Paragraph 74 (1), at the end of the second sentence, the words "the application or other application for which the court is required to decide within the time limits set for the days shall be added."
46. In Paragraph 82, the words' if such intervention or its consequences or if there is a risk of recurrence 'are replaced by' or a determination that the intervention was illegal '.
47. In Paragraph 85, the word 'or' is replaced by '; this does not apply in the case'.
48. Paragraph 86 shall be deleted, including the title.
49. In Paragraph 87, the words "at the end of paragraph 1, if the court decides only to determine whether the intervention was illegal, it shall be based on the factual and legal situation which was there at the time of the intervention '.
50. In the first sentence of Paragraph 87 (2), the words "shall be inserted after the words" the Court of First Instance shall determine that the intervention carried out has been unlawful and, if such action or its consequences persist, or if there is a risk of recurrence thereof, '.
51. Paragraph 90 (2) reads as follows:
"(2) In proceedings for a motion for nullity of elections or nullity of votes, participants shall be the applicant, the competent electoral authority, the political party, the association of independent candidates or associations of political parties or political movements and independent candidates for whose candidate a candidate whose choice has been contested or an independent candidate has been indicated. In the proceedings for the application for annulment of the candidate's election, the appellant, the competent electoral authority and the person whose election has been contested shall be parties. ';
52. In Paragraph 90, the following paragraph 4 is added:
"(4) If the court decides that the candidate's election is invalid, it may at the same time declare himself elected by the person duly elected. '
53.In Article 91a (2), the words "; in the case of a proposal under paragraph 1 (c) and (d), the person entitled to vote in a local referendum" shall be replaced by "and the appellant."
54. in Article 91b (2), the words "in the case of a proposal pursuant to paragraph 1 (c) and (d), the person entitled to vote in the regional referendum" shall be replaced by "and the appellant."
55. in Article 101a, paragraph 2 is deleted;
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
56.
(1) The application may be lodged within 3 years of the date on which the contested measure of a general nature became effective. The missing deadline for submitting the application cannot be forgiven.
(2) In addition to the general procedural requirements (Sections 37 (2) and (3)), the proposal must contain draft points for which it must be apparent for what factual and legal reasons the appellant considers that a measure of a general nature or a part of it is unlawful. If the proposal contains these elements, the proposal cannot be extended to the parts of the general measure which have not yet been contested or extended by other design points in the next procedure. The appellant may, at any time, limit the design points for the procedure.
(3) When examining a measure of a general nature, the Court of First Instance is based on the facts and legal situation at the time when the measure of a general nature was granted.
(4) Paragraph 34, with the exception of paragraph 2, first sentence and paragraph 4, and Paragraph 76 shall apply mutatis mutandis. "
Article 57 (101c) is deleted.
58. in Paragraph 101d (1):
"(1) When deciding, the court shall be bound by the scope and grounds of the application. ';
59. In the last sentence of Paragraph 101d (2), the word 'thirty' shall be replaced by 'ninety'.
60. in Paragraph 101d, paragraph 5 is deleted;
61. in Article 104 (1), the words "and in the case of local and regional referendums" shall be deleted;
62.Paragraph 106 (4) reads as follows:
"(4) The appeal shall be lodged with the Supreme Administrative Court; the time limit is maintained if the appeal has been lodged before the court which issued the contested decision. ';
63. In Paragraph 106, the following paragraph 5 is added:
"(5) Where the appeal has been lodged before the court which issued the contested decision, that court shall, without undue delay, forward it to the Supreme Administrative Court with a judicial or, where appropriate, an administrative file. ';
64. In Paragraph 107, "4 'is replaced by" 5';
65. Article 108 shall be deleted, including the title.
66. In Paragraph 109, the following paragraph 1 is added:
"(1) If the complaint is flawed but is not manifestly late or brought by those who are manifestly not entitled to file it, the Supreme Administrative Court shall ensure that it is removed. If there are no grounds for action, the Supreme Administrative Court shall serve the appeal before the other parties to the proceedings and the persons involved in the proceedings, give them the opportunity to comment on the content of the case and request the files of the administrative authority and the Regional Court which issued the contested decision and, where appropriate, to provide the additional supporting documents necessary for the decision. ';
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
67. In the first sentence of Paragraph 110 (1), the words "unless he has made his own decision in accordance with paragraph 2 'shall be inserted after the words" further proceedings'.
68. In Paragraph 110, the following paragraph 2 is inserted after paragraph 1:
"(2) If the Supreme Administrative Court abolishes the decision of the Regional Court and if there are grounds for such action already in the proceedings before the Regional Court, it may, at the same time as the annulment of the decision of the Regional Court, decide by the nature of the case itself:
(a) abolishing the decision of the administrative authority or declaring its void; Paragraph 75, 76 and 78 shall apply mutatis mutandis,
(b) abolishing measures of a general nature or part thereof; Paragraph 101b and 101d shall apply mutatis mutandis; or
(c) on protection in local referendums as referred to in Article 91a (1) or on protection in regional referendums as referred to in Article 91b (1). "
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
69. In the second sentence of Paragraph 110 (3), the words "or referring the case 'shall be replaced by the words", referring the case or in the manner referred to in paragraph 2'.
70. Paragraph 110 (5) is deleted.
711. in Paragraph 117 (1), "4" is replaced by "5."
Transitional provisions
1. Unless otherwise specified, Act No. 150 / 2002 Coll., as effective from the date of entry into force of this Act, shall apply to proceedings initiated before the date of entry into force of this Act; the legal effects of the actions taken in the proceedings before the date of entry into force of this Act remain.
2. In order to determine the local jurisdiction in proceedings initiated before the date of entry into force of this Law, the existing legislation shall apply.
3. If the Supreme Administrative Court abolishes the decision of the Regional Court which was given by the Regional Court in proceedings initiated before the date of entry into force of this Law, after the date of entry into force of this Law and returns the case to the Regional Court for further proceedings, the Regional Court which issued the annulled decision shall complete the proceedings.
4. In proceedings initiated before the date of entry into force of this Act, the procedural capacity shall be assessed in accordance with Act No. 150 / 2002 Coll., as effective from the date of entry into force of this Act.
5. Actions relating to decisions on administrative expulsion, decisions relating to the obligation to leave the territory, decisions relating to the detention of a stranger, decisions extending the duration of the detention of a foreigner, as well as other decisions which result in restrictions on the personal freedom of a foreigner brought before the date of entry into force of this Law, shall be decided by the specialised senate in its composition in accordance with existing legislation. This is also the case when the decision of the Regional Court is annulled following a complaint.
6. Actions or applications to initiate proceedings brought before the date of entry into force of this Act shall be prepared in accordance with Article 49 (1) of Act No. 150 / 2002 Coll., as effective until the date of entry into force of this Act.
7. The procedure for the nullity of elections or the nullity of votes shall be completed in accordance with existing legislation.
8. A measure of a general nature which took effect before the date of entry into force of this Law may be brought up against an application for revocation or cancellation of a part of it no later than 3 years after the date on which the proposal for a measure of a general nature to be contested entered into force. The missing deadline for submitting the application cannot be forgiven.
9. The procedure for the annulment of measures of a general nature or part thereof initiated before the date of entry into force of this Act, in which no decision has been taken by the date of entry into force of this Act, shall be completed in accordance with existing legislation.
10. Dispute complaints in matters of international protection lodged before the date of entry into force of this Act shall be discussed and decided in the Senate of the Supreme Administrative Court, composed of existing laws.
11. The appeal may be lodged only against those decisions of the Regional Courts in the case of local and regional referendums which have been given in proceedings initiated after the date of entry into force of this Law.
Amendment of the Law on judicial fees
In Article 3 (4) of Act No 549 / 1991 Coll., on judicial fees, as amended by Act No 151 / 2002 Coll., the words "Regional Court 'are replaced by the words" Supreme Administrative Court'.
Amendment to the Ombudsman Act
Act No. 349 / 1999 Coll., on the Ombudsman, as amended by Act No. 265 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 626 / 2004 Coll., Act No. 381 / 2005 Coll., Act No. 342 / 2006 Coll., Act No. 129 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 198 / 2009 Coll., Act No. 227 / 2009 Coll. and Act No. 427 / 2010 Coll., is amended as follows:
1. In Section 21a, paragraphs 4 and 5 are added:
"(4) The guard shall invite the device to comment on its report, recommendations or proposals for remedies within a time limit set by the guard. In this way, the guardian may also call upon the establishment or competent authorities. If the Ombudsman finds their observations sufficient, the establishment or, where appropriate, its founder or the competent authorities shall inform it thereof. Otherwise, on receipt of the observations, or after the time limit has expired, the Ombudsman may act mutatis mutandis in accordance with Paragraph 20 (2).
(5) In the event of failure to fulfil the obligation to cooperate pursuant to Articles 15 and 16, the Ombudsman may proceed in accordance with Article 20 (2). ';
2. Paragraph 22 (3), including footnotes 3 and 6, is deleted.
Amendment of the Asylum Act
Act No. 325 / 1999 Coll., on asylum and amending Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 519 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 140 / 2008 Coll., Act No. 501 / 2004 Coll., Act No. 41 / 2009 Coll., Act No. 200 / 2005 Coll., Act No. 343 / 2007 Coll., Act No. 379 / 2007 Coll., Act No. 136 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 170 / 2007 Coll.
1. Paragraph 32 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
2. In Paragraph 32 (2), "paragraphs 1 and 2 'are replaced by" paragraph 1';
3. In Paragraph 32, the following paragraph 4 is inserted after paragraph 3:
"(4) Where the applicant for international protection (applicants) has been subject to expulsion or extradition proceedings to a foreign State or to transfer it to another Member State on the basis of a European arrest warrant under another legislation14), the Regional Court shall examine and rule on the matter with priority and maximum acceleration, no later than 60 days from the date of the initiation of the proceedings or from the date on which it became aware of the imposition of the expulsion penalty or of the extradition procedure or of the surrender procedure under the European arrest warrant. Where, in such cases, a complaint is lodged against a decision of the Regional Court, the Supreme Administrative Court shall examine the case and decide on a priority basis and with the utmost urgency, no later than 60 days from the date on which the complaint lodged is a simple defect and shall have all the necessary formalities or, after any removal or completion of all the requirements of the complaint, he shall be informed of the imposition of the expulsion penalty or of the procedure for extradition or surrender on the basis of a European arrest warrant. ';
Paragraph 4 shall become paragraph 5.
4. In Paragraph 32 (5), "paragraphs 1 and 2 'are replaced by" paragraph 1';
5. in Articles 54a (1) (c) and 87a (1) and (2), the words "or 2" shall be deleted;
Amendment of the Aliens Residence Act
Act No. 326 / 1999 Coll., on the residence of foreigners in the territory of the Czech Republic and on the amendment of certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 428 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 136 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll.
1. in Paragraph 118, the following paragraph 4 is inserted after paragraph 3:
"(4) Until such time as a stranger cannot be allowed to enter the territory of the Member States of the European Union or of a citizen of the European Union or of a member of his family to enter the territory, a period during which the decision on administrative expulsion is not enforceable shall not be counted. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
2. Paragraph 172 (6) reads:
"(6) An action against an administrative decision shall be brought under the local jurisdiction of the regional court in whose territory the alien is registered for residence on the day on which the action is brought; If there is a foreigner who is not required to report a residence, there is a regional court in whose district he is mainly present and, in other cases, a regional court in whose district he has been found to reside in the territory. If a foreigner stays abroad, the local regional court is competent, in whose district the foreigner should fulfil the reporting obligation upon entry into the territory. This shall not apply if the decision on administrative expulsion is taken, the decision on the obligation to pay the costs of administrative expulsion, the decision on collateral, the decision on the extension of the duration of the detention period, the decision on the placing of an alien in a section with a strict regime of detention and the decision on the administrative offence. ';
3. In Section 172, the following paragraph 7 is added:
"(7) An action against an administrative expulsion decision shall be decided by the court within 60 days. '
Amendment to the Public Prosecutor's Act
In Section 12 of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 12 / 2002 Coll., Act No. 381 / 2005 Coll. and Act No. 7 / 2009 Coll., paragraph 6, including footnote No 1b, is deleted.
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Regulation Information
| Citation | Act No. 303 / 2011 Coll., amending Act No. 150 / 2002 Coll., Administrative Rules, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.10.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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