Full text of Act No. 33 / 1996 Coll.
Act of the Czech National Council on certain measures in the judiciary, on the election of the sitting, their acquittal and withdrawal from office and on the administration of the courts of the Czech Republic (as is apparent from subsequent amendments and additions)
Valid
Declared full text
Text versions:
29.02.1996
Contents
§ 1
ČÁST PRVNÍ
§ 2
§ 3
ČÁST DRUHÁ
§ 4
§ 5
§ 5a
§ 5b
§ 5c
ČÁST TŘETÍ
§ 6
§ 7
§ 8
ČÁST ČTVRTÁ
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
ČÁST PÁTÁ
§ 16
§ 16a
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 22a
§ 23
§ 24
§ 25
ČÁST ŠESTÁ
§ 26
§ 27
§ 28
§ 29
§ 30
§ 30a
§ 31
§ 32
§ 33
§ 34
§ 35
ČÁST SEDMÁ
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
Čl. II
Čl. III
Zobrazeno prvních 200 z celkem 275 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
33
_
Announces
the full text of the Act of the Czech National Council No. 436 / 1991 Coll., on certain measures in the judiciary, on the election of the alternates, their waivers and appeals from office and on the administration of the courts of the Czech Republic, as follows from amendments and additions made by the Act of the Czech National Council No. 580 / 1991 Coll., by the Act of the Czech National Council No. 23 / 1993 Coll., by Act No. 171 / 1993 Coll., by Act No. 284 / 1993 Coll.
THE LAW
Czech National Council
concerning certain measures in the judiciary, the elections of the sitting, their dismissal and appeals from office and the administration of the courts of the Czech Republic
The Czech National Council decided on this law:
Purpose of the law
The purpose of this Act is to establish certain courts for the handling of cases of a particular kind from the circumference of one or more regional courts, to lay down provisions governing the jurisdiction of certain regional courts, to determine the seat and districts of the courts of the Czech Republic, to regulate the choice of the sitting district and county courts, to exempt them from office and to provide for the administration of courts and the handling of complaints against the procedure of courts.
ESTABLISHMENT OF LAGS
Regional Commercial Courts
They shall be established:
a) Regional Commercial Court in Prague with jurisdiction for the territory of the capital city of Prague and the Central Bohemia Region,
(b) Regional Commercial Court in Brno with jurisdiction over the territory of the South Moravian Region,
c) Regional Commercial Court in Ostrava with jurisdiction over the territory of the North Moravian Region.
The Regional Commercial Courts referred to in § 2 rule in their jurisdiction in commercial matters on which a special law 1) provides that the Regional Courts rule in them as first instance courts and where the jurisdiction of the Regional Court would otherwise be given. 2)
ADJUSTMENT OF THE SCOPE OF CERTAIN Courts
The District Court for Prague 2 deals with criminal matters from the districts of the courts of the capital city of Prague against offenders of offences committed by infringement of the regulations of road, rail, air and navigation and underground traffic, including the offence of a threat under the influence of an addictive substance pursuant to § 201 of the Criminal Code. 3)
The District Court for Prague 6 is holding proceedings in criminal matters from the districts of district courts, district courts in the capital of Prague and the Municipal Court in Brno, concerning citizens of the Czech Republic, on the enforcement of the judgment of the foreign court under the international treaty published in the Collection of Laws, which the Czech Republic is bound by.
repealed
The District Court for Prague 7 is holding proceedings in civil matters from the districts of the district courts, district courts in the capital of Prague and the Municipal Court in Brno, in which the applicant is a public transport operator in the territory of the capital of Prague, if he claims under the special rule 4) to pay the fare or the amounts laid down by this special regulation.
repealed
STRENGTHS AND FRUITS OF THE COURT
repealed
Regional courts
(1) The districts and offices of the Regional Courts are the same as the territories and locations of the counties. 5)
(2) The district of the Municipal Court in Prague coincides with the territory of the capital of Prague; Prague City Court is the capital city of Prague.
(3) The district of the Regional Commercial Court in Prague coincides with the territory of the capital city of Prague and the territory of the Central Bohemian Region; The seat of the Regional Commercial Court in Prague is the capital city of Prague.
(4) The District of the Regional Commercial Court in Brno is the same as the territory of the South Moravian Region; its seat is the city of Brno.
(5) The District of the Regional Commercial Court in Ostrava coincides with the territory of the North Moravian Region; its headquarters is the city of Ostrava.
District courts
(1) Circumstances and offices of district courts are the same as those of the districts. 6)
(2) Circuits of the District Courts in Prague coincide with the districts of these courts on the date the Czech National Council Act No. 418 / 1990 Coll., on the Capital City of Prague takes effect. The capital of Prague is the seat of the district courts in Prague.
(3) In the territory of Brno, the jurisdiction of the District Court is exercised by the Municipal Court in Brno; its district coincides with the territory of Brno and its seat is Brno.
THE OPENING OF NEIGHBOURHOURS, THEIR REPRESENTATIONS AND REPRESENTATIONS OF THE FUNCTIONS AND OF THE FUNCTIONS
Choice of the seated
(1) The Deputy District and Regional Courts (hereinafter referred to as the "Deputy") elect the municipal councils7) in the district of the competent court from among the candidates proposed by the members of these councils. For the candidates proposed, the municipal council shall request the opinion of the President of the competent court.
(2) In the capital city of Prague, the district and local councils8) in the district of the court.
(3) A citizen who fulfils all the conditions for the post of associate, as laid down in a special law, 9) may be elected to the associate and who is in or works in the district of the municipal council, the district council or the local council (hereinafter referred to as the "representative '), which is elected to, or works in, permanent residence (10).
(1) The number of officers to be elected for the district or county court shall be determined by the President of the competent court. In determining the number of seats, account should be taken of the fact that individual seats do not normally sit more than 20 days a year.
(2) If the circumference of the competent court is situated in the circumference of several councils, the President of the competent court shall determine the necessary number of seats for each representative; taking into account the number of inhabitants of the district of the municipality or part thereof.
The President of the Court of First Instance shall issue an election certificate to the acceding newly elected following the composition of the oath; 11) to other candidates for re-election.
Removal and removal from the post of associate
The representative who has been elected shall, at his request, be relieved of this post.
(1) At the request of the competent President of the Court, the President of the Tribunal may be removed from office by the representative who elected him if:
(a) has seriously infringed his / her duties as associate; or
(b) no longer fulfils the conditions laid down by a special law for the performance of the post of associate, 9); or
(c) his health does not allow him to carry out the duties of the associate.
(2) Before deciding on the removal of the member of temporary staff from office, the Board shall request his observations.
Termination and temporary discharge of the post of associate
The associate shall cease his duties on the date of the legal power of the judgment by which he was sentenced for an offence committed intentionally or by which he was deprived of his legal capacity or whose legal capacity was restricted.
(1) An associate who is being prosecuted or in respect of whom an appeal has been filed pursuant to Paragraph 13 (1) shall be suspended until the termination of the office or the decision to withdraw from office.
(2) A temporary waiver from the post of associate shall be decided by the representative who elected him.
STATE GOVERNANCE OF THE COURT
Tasks of state administration of courts
(1) The task of the administration of the courts is to create conditions for courts of the Czech Republic (12) for the proper performance of the judiciary, in particular in terms of personnel, organisational, economic, financial and educational, and to supervise in the manner and within the limits of this law the proper performance of the tasks entrusted to the courts.
(2) The exercise of the state administration of the courts of the Czech Republic ("the administration of the courts") must not interfere with the independence of the courts.
repealed
Government administration bodies
(1) The Ministry of Justice of the Czech Republic ("the Ministry") is the central body of the administration of the courts. 13)
(2) The authorities of the state administration of the courts are the President and Vice-President of the Supreme Court, the Presidents and Vice-Presidents of the Supreme Courts and the Presidents of the Regional and District Courts.
Enforcement of state administration of courts
(1) The State Administration of the Supreme, Regional and District Courts is carried out by the Ministry either directly or through the Chairpersons of those Courts; State administration of district courts may also be exercised by the Presidents of regional courts.
(2) The State Administration of the Supreme Court is carried out by the Ministry through the President of that Court.
The Presidents of the District, Regional and Supreme Courts and the President of the Supreme Court shall exercise the administration of the courts to the extent provided for by this Law.
(1) The Vice-President of the Supreme Court and Vice-Presidents of the Supreme Courts shall exercise the administration of those courts to the extent specified by their President.
(2) The Vice-Presidents of the Regional Court carry out the administration of the Regional Court and the District Courts in its constituency to the extent specified by the President of the Regional Court. If a Vice-President or several Vice-Presidents are appointed to the District Court, the administration of that Court shall be exercised to the extent specified by its President.
(3) The President of the Supreme Court, the Supreme Court, the Regional Court and the District Court may, while maintaining their own responsibilities, entrust the various acts of the administration of the State as well as the judges of the competent court.
Jurisdiction of the public authorities
(1) The Ministry exercises the administration of the District, Regional and Supreme Courts and the Supreme Court by:
(a) ensure the functioning of the courts on an organisational basis, in particular setting out the number of judges and experts and other staff of the courts; they shall be determined in agreement with the President of the Supreme Court,
b) ensure that the courts operate on the personnel side, 14)
(c) ensure the functioning of the courts in financial and economic terms, in particular by providing financing and material technical supplies to the courts, carrying out tasks arising from the law on the management of national property and reviewing the economic activity of the courts;
(d) organise, manage and control the conduct of the administration of the courts by the President of the courts;
(e) organise and manage the training of judicial candidates, in particular after the President of the Regional Court concerned has expressed his decision to shorten the preparatory service (15) or to set aside the period of legal activity in another working or equivalent proportion until such preparatory service (16) and to determine and ensure the conditions for verifying the results of their training by judicial examination, 17)
(f) organise and manage further training of judges and other court staff;
(g) coordinate and direct the training of the members of their duties;
(h) monitor the work of judicial offices;
(i) organise, manage and ensure the performance of expert and interpretation activities to the extent provided for by special law, 18)
(j) carry out other tasks arising from specific legislation.
(2) The Ministry monitors and evaluates the procedure of district, county and supreme courts in proceedings and decisions only in respect of compliance with the principles of dignity of conduct and judicial ethics and continuity of proceedings. To this end, the Ministry
(a) monitor and evaluate the status of judicial agendas on the basis of reports and judicial statistics;
(b) carry out checks on judicial files and level of judicial proceedings;
(c) deal with complaints by natural and legal persons concerning the procedure of the courts (hereinafter referred to as "complaints") and other submissions thereof.
(3) If, in the course of the performance of its tasks, the Ministry becomes aware of the inconsistency of judicial decision-making, it gives the Supreme Court an incentive to take an opinion on the interpretation of laws and other legislation.
(4) In the context of the tasks referred to in paragraph 2 (b), the Minister of Justice of the Czech Republic may lodge a complaint for infringement of the law if the law on legal proceedings so permits.
(1) The President of the Supreme Court exercises the administration of the Supreme Court by:
(a) ensure its operation on a staffing and organisational basis, in particular by ensuring that the Supreme Court is properly occupied by experts and other staff and by handling the staff matters of the Judges and other staff of that Court;
(b) ensure that the court operates economically, materially and financially;
(c) provide further training for the judges and other staff of that court.
(2) The President of the Supreme Court shall ensure the dignity of the proceedings, respect for the principles of judicial ethics and the continuity of the Supreme Court proceedings. To that end,
(a) carry out checks on judicial files;
(b) oversees the level of judicial action;
(c) deal with complaints.
(3) Within the framework of the tasks referred to in paragraph 2 (a), (b), the Ministry shall initiate complaints against infringements of the law if it considers that the conditions laid down in the law on legal proceedings are met.
(1) The President of the Supreme Court exercises the administration of the Supreme Court by:
(a) ensure its operation on a staffing and organisational basis, in particular by ensuring that the Supreme Court is duly filled by experts and other staff and by handling the staff matters of the Judges and other staff of that Court;
(b) ensure that the court operates economically, materially and financially;
(c) provide further training for the judges and other staff of that court;
(d) supervise the proper functioning of the judicial offices.
(2) The President of the Supreme Court shall ensure the dignity of the proceedings, the respect of the principles of judicial ethics and the continuity of the judicial proceedings of the Supreme Court. To that end,
(a) carry out checks on judicial files;
(b) oversees the level of judicial action;
(c) deal with complaints.
(3) Within the framework of the tasks referred to in paragraph 2 (a), (b), the Ministry shall initiate complaints against infringements of the law if it considers that the conditions laid down in the law on legal proceedings are met.
(1) The President of the Regional Court exercises the administration of the Regional Court and the District Courts in its constituency by:
(a) ensure the running of the Regional Court on the personnel and organisational aspects; lay down, in particular, the number of officials of the Regional Court, ensure that the Regional Court is duly filled by experts and other staff, handles staff matters of judges and other staff of the Regional Court,
(b) ensure that the Regional Court operates in economic, material and financial terms;
(c) ensure the selection of candidates for the function of judge, accept them into the post of judicial candidates and prepare the documents for their appointment to the Judge;
(d) manage and control the preparatory service of judicial candidates in the District Court and its performance;
(e) manage and control the conduct of the State administration of the District Courts by their Presidents;
(f) provide further training for judges and other court staff;
(g) ensure the professional training of the attendants of the Regional Court for the performance of their duties and organise and coordinate the professional training of the attendants of the District Courts for the performance of their duties;
(h) supervise the proper functioning of judicial offices;
(i) oversee the management of the list of experts and interpreters.
(2) The President of the Regional Court shall ensure the dignity of the proceedings, respect for the principles of judicial ethics and the continuity of the judicial proceedings of the Regional Court and the courts in its district. To that end,
(a) carry out checks on judicial files;
(b) oversees the level of judicial action;
(c) deal with complaints.
(3) Within the framework of the tasks referred to in paragraph 2 (a), (b), the Ministry shall initiate complaints against infringements of the law if it considers that the conditions laid down in the law on legal proceedings are met. If he considers that the complaint lodged or referred to him by the President of the District Court does not fulfil the conditions of the Law on the Judicial Procedure, he shall refer it to the Ministry with his opinion.
(4) The provisions of paragraphs 1 to 3 apply mutatis mutandis to the Presidents of the Regional Commercial Courts.
(1) The President of the District Court carries out the administration of the District Court by:
(a) ensure the running of the District Court on the personnel and organisational aspects; to that end, in particular to determine the number of members of that court, to ensure that the District Court is duly filled by experts and other staff, to deal with the staff matters of the Judges and other staff of that court,
(b) ensure that the district court operates in economic, material and financial terms;
(c) supervise the preparatory service of the judicial candidates for the duration of its execution at the district court;
(d) provide further training for judges and other court staff;
(e) provide professional training to the sitting district court for the performance of their duties;
(f) supervise the proper functioning of the judicial offices.
(2) The President of the District Court shall ensure the dignity of the proceedings, compliance with the principles of judicial ethics and continuity of the judicial proceedings of the District Court. To that end,
(a) carry out checks on judicial files;
(b) oversees the level of judicial action;
(c) deal with complaints.
(3) Within the framework of the tasks referred to in paragraph 2 (a), (b), the President of the Regional Court shall give complaints to complaints concerning infringements of the law, if he considers that the conditions laid down in the law on legal proceedings are met. If he considers that the complaint submitted to him by the Judge does not satisfy the conditions laid down in the Law on the Judicial Procedure, he shall submit it with his opinion to the President of the Regional Court.
Where a judicial authority finds that a judge has infringed the obligations imposed on him by law resulting in delays in proceedings or violations of the principles of dignity of conduct and judicial ethics, it shall proceed under a special law. 19)
COMPLAINTS
Submission of complaints
(1) Natural and legal persons (hereinafter referred to as the complainant) are entitled to apply to the administration of state courts with complaints only where a special law so provides. 20)
(2) Complaints cannot be relied upon to examine the court's procedure in the performance of its independent decision-making activities.
Submission of a complaint shall not be against the complainant; This shall not apply if the content of its submission is a criminal offence or an offence.
(1) The complaint may be lodged in writing or orally; If an oral complaint is lodged which cannot be dealt with immediately, the court authority shall record it in writing.
(2) The complaint shall be lodged with the administration of the court which is competent to deal with it. If a complaint is lodged with a court body to which its proceedings are not due, it shall be forwarded without delay to the competent authority.
Complaints procedure
Ministry handles
(a) complaints relating to the procedure of the Supreme Court and the Regional Court, where they include complaints concerning delays in proceedings or inappropriate conduct or breach of dignity by the President of the Court;
(b) submissions which do not agree with the manner in which the complaint was lodged in the same case, dealt with by the President of the Supreme Court, the Supreme Court or the President of the Regional Court.
The President of the Supreme Court shall deal with complaints in respect of delays in proceedings, inappropriate conduct or breach of dignity by the Vice-President of the Court, Judges and other staff of the Supreme Court.
The President of the Supreme Court shall deal with complaints in respect of delays in proceedings, inappropriate conduct or breach of dignity of proceedings by the Vice-President of the Court, the Judges and other staff of the Supreme Court.
The President of the Regional Court shall:
(a) complaints which contain a complaint concerning delays in proceedings or inappropriate conduct or breach of the dignity of proceedings by the Vice-President of the Court, Judges and other servants and by the associated Regional Court;
(b) submissions which do not agree with the manner in which the complaint was dealt with in the same case by the President of the District Court;
(c) complaints concerning the procedure of the District Court, where it includes a complaint concerning delays in proceedings or inappropriate conduct or breach of the dignity of proceedings by its President;
(d) complaints for which the President of the District Court would have been responsible pursuant to Article 32, if the same complaint includes a complaint for which he is responsible under (a) or (c).
Contents
§ 1
ČÁST PRVNÍ
§ 2
§ 3
ČÁST DRUHÁ
§ 4
§ 5
§ 5a
§ 5b
§ 5c
ČÁST TŘETÍ
§ 6
§ 7
§ 8
ČÁST ČTVRTÁ
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
ČÁST PÁTÁ
§ 16
§ 16a
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 22a
§ 23
§ 24
§ 25
ČÁST ŠESTÁ
§ 26
§ 27
§ 28
§ 29
§ 30
§ 30a
§ 31
§ 32
§ 33
§ 34
§ 35
ČÁST SEDMÁ
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
Čl. II
Čl. III
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Full text of Act No. 33 / 1996 Coll., Act of the Czech National Council on certain measures in the judiciary, on the election of the sitting, their dismissal and withdrawal from office and on the administration of the courts of the Czech Republic (as is apparent from subsequent amendments and additions) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.02.1996 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0