Act No. 318 / 2001 Coll.
Law on information provision and other synergies for the purposes of proceedings before the European Court of Human Rights and the United Nations Committee on Human Rights
Valid
Law
Effective from 01.10.2001
Text versions:
01.10.2001
07.09.2001
318
THE LAW
of 8 August 2001
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
Parliament has decided on this law of the Czech Republic:
(1) State bodies or, where appropriate, official persons whose conduct or omission is the subject of a complaint before the European Court of Human Rights ("Court of First Instance"), 1) as well as state authorities or, where appropriate, official persons who are not or cannot be directly affected by the complaint, but whose cooperation is also necessary to clarify the facts and legal aspects of the case ("the institutions concerned"), provide the Ministry of Justice or other ministries (§ 3 (1) for the purposes of the proceedings before that Court in matters relating to their jurisdiction free of charge, accurate and objective information and other synergies.
(2) For the purposes of this Act:
(a) by a State authority, an authority which participates in the performance of the functions of the State and whose conduct or omission may be a reason for international control as to whether the Czech Republic respects international human rights obligations;
(b) by an official person, a natural person who, by virtue of law, is entrusted with the performance of certain functions of a public authority.
(3) The obligation of the official persons referred to in paragraph 1 shall continue to apply even if they no longer perform the relevant function at the time of the proceedings before the Court of First Instance.
(1) The provision of information and other synergies within the meaning of Article 1 includes:
(a) the transmission or communication of information on the circumstances of the case, the submission or transmission of documents and other written supporting documents, as well as the processing of opinions to answer factual and legal questions relating to the alleged infringement of and the Protocols to the Convention on the Protection of Human Rights and Fundamental Freedoms ("the Convention"), 2)
(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) presentation of an opinion on the possibility of an amicable settlement of the matter and, where appropriate, ensuring participation in the negotiations initiated with a view to reaching an agreement on the terms of such settlement;
(d) presentation of an opinion on the referral to the Grand Chamber of the Tribunal, 4)
(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 shall be no breach of the Constitution of the guaranteed independence of judges. 5)
(1) The authorities concerned are required to provide information and other synergies pursuant to Article 2 of the Ministry of Justice (6) upon request and within the time limit set by it or by another Ministry at its request and within the time limit set by it, provided that they prepare for the Ministry of Justice the documents for the draft written opinion of the Government on the admissibility or justification of the complaint or the draft part thereof, or, where appropriate, for further opinions or observations requested by the Court of First Instance during the proceedings.
(2) (7) The Ministry of Justice has the same status as a court for the purposes of this Act as regards the obligation of confidentiality laid down by specific legislation.
As part of the supervision of the implementation of the judgments of the Court of Justice (8), the authorities concerned shall, at the request of the Ministry of Justice and within the time limit laid down by it, communicate in writing in writing what specific individual or general measures they have taken or proposed or intend to take or propose to prevent further infringement of the Convention for the same reasons for which the Court of First Instance found its infringement in the final judgment.
The obligations to provide information and other synergies under the previous provisions shall apply mutatis mutandis for the purposes of the proceedings before the United Nations Committee on Human Rights.
That law shall take effect on the first day of the calendar month following its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Articles 19, 33 and 34 of the Convention on the Protection of Human Rights and Fundamental Freedoms, published under No 209 / 1992 Coll. and No 243 / 1998 Coll.
2) Convention on the Protection of Human Rights and Fundamental Freedoms, published under No 209 / 1992 Coll. and No 243 / 1998 Coll.
3) Article 38 of the Convention on the Protection of Human Rights and Fundamental Freedoms, published under No 209 / 1992 Coll. and No 243 / 1998 Coll.
4) Article 43 of the Convention on the Protection of Human Rights and Fundamental Freedoms, published under No 209 / 1992 Coll. and No 243 / 1998 Coll.
5) Article 82 (1) of Constitutional Act No. 1 / 1993 Coll., Constitution of the Czech Republic.
6) Paragraph 11 (5) of Act No. 2 / 1969 Coll., on the establishment of ministries and other central bodies of the Czech Government, as amended.
7) For example Article 24 (6) (c) of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
8) Article 46 of the Convention on the Protection of Human Rights and Fundamental Freedoms, published under No 209 / 1992 Coll. and No 243 / 1998 Coll.
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Regulation Information
| Citation | Act No. 318 / 2001 Coll., on the provision of information and other synergies for the purpose of proceedings before the European Court of Human Rights and the United Nations Committee on Human Rights |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2001 |
|---|---|
| Effective from | 01.10.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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