Act No. 62 / 1999 Coll.
Act amending Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended by Act No. 152 / 1995 Coll.
Valid
Law
Effective from 09.04.1999
Text versions:
09.04.1999
62
THE LAW
of 11 March 1999
amending Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended by Act No. 152 / 1995 Coll.
Parliament has decided on this law of the Czech Republic:
Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended by Act No. 152 / 1995 Coll., is amended as follows:
1. In Paragraph 3 (2), the words "first degree 'are deleted.
2. In Article 9, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) Save as otherwise provided in a special law, the senior judicial officer may, in civil proceedings, carry out the following acts of the court:
(a) the drawing up of submissions by the court, including proposals;
(b) the handling of requests, with the exception of those in contact with a foreign country;
(c) removal of procedural defects,
(d) deciding to return the deposit;
(e) decisions on judicial fees, including decisions on termination of proceedings on grounds of non-payment of a fee and revocation of that decision, except where the imposition of an obligation to pay a fee is related to the decision on the substance of the case. "
3.
Save as otherwise provided for in a special law, the President of the Chamber may, in civil proceedings, entrust a senior judicial officer to the following acts of the court:
(a) ensuring proof before the proceedings are initiated;
(b) preparing the negotiations provided for in Article 114 (2) (a) and (c) of the Civil Code;
(c) acts of the Court of First Instance before an appeal is lodged;
(d) the acts of the Court of First Instance before the presentation of an application;
(e) decision-making on the fine;
(f) by deciding on the witness, expert and interpreter,
(g) decisions relating to judicial fees, including decisions terminating proceedings on grounds of non-payment of a fee and the annulment of that decision, in cases where the imposition of an obligation to pay a fee is related to a decision on the substance of the case;
(h) acts in the proceedings for succession not referred to in Paragraph 9 (1) (b), with the exception of court proceedings and decisions on the substance of the case;
(i) actions relating to the custody of minors and to the custody of persons deprived of legal capacity or restricted to legal capacity and persons absent or unknown in whom action should be ordered, with the exception of actions and decisions on the substance of the case;
(j) acts of enforcement of decisions requiring action, with the exception of actions and decisions relating to the substance of the case;
(k) bankruptcy and settlement proceedings, with the exception of negotiations and with the exception of a resolution on the declaration of bankruptcy. "
4. In Article 11, at the end of paragraph 1, the dot is replaced by a comma and the following points (k) and (l) are added:
"(k) participation in visits to the accused in custody,
(l) by checking the correspondence of the accused. "
5. In Article 15 (2), the words "half 'are deleted.
6. Paragraph 15 (3) reads as follows:
"(3) Tertiary education is replaced by theoretical teaching; his graduates may pass the final examination after practical training in court of 12 months. ';
Transitional provisions
1. Until 31 December 2002, staff of the Court who have at least complete secondary education completed by the graduate examination may be recruited for a short study of senior judicial officers, obtained at least three years' experience as court secretaries between 1 January 1990 and the day of the entrance examination, were recommended for study by the competent President of the Regional Court or the Supreme Court or by the President of the Supreme Court and successfully passed the examination.
2. The Registrar may, until 31 December 2003, carry out the acts of the Court which may be carried out by senior judicial officers under the law, to the extent and under the conditions laid down in Decree No. 37 / 1992 Coll., on the Rules of Procedure for District and Regional Courts, as amended.
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 62 / 1999 Coll., amending Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended by Act No. 152 / 1995 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.04.1999 |
|---|---|
| Effective from | 09.04.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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