Act No. 83 / 2004 Coll.
Act amending Act No. 182 / 1993 Coll., on the Constitutional Court, as amended
Valid
Effective from 01.04.2004
83
THE LAW
of 11 December 2003
amending Act No 182 / 1993 Coll., on the Constitutional Court, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 182 / 1993 Coll., on the Constitutional Court, as amended by Act No. 331 / 1993 Coll., Act No. 236 / 1995 Coll., Act No. 77 / 1998 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 48 / 2002 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 114 / 2003 Coll., are amended as follows:
1. in Article 11 (2), the following point (j) is inserted after point (i):
"(j) on the application for renewal of proceedings and in the renewed proceedings pursuant to Sections 119 to 119b,"
Points (j) to (l) shall be renumbered as points (k) to (m).
2. In Paragraph 14, the words "in § 11 (2) (a) to (j) 'are replaced by" in § 11 (2) (a) to (k)'.
3. In Paragraph 29, the words "or commercial lawyer or notary 'are deleted.
footnote 2 is deleted, including the footnotes.
4. In Paragraph 30 (1), the words "or commercial lawyer or notary 'are deleted.
5. In Paragraph 30 (3), the words "or commercial lawyer or notary 'are deleted.
6. In Paragraph 31 (1), the words "additional representative 'are replaced by the words" associate lawyer'.
7. in § 43 (2) (b), the words "and § 71a (1)" are replaced by the words "§ 71a (1) or § 119 (1)";
8. in Article 64 (1), the following point (d) is inserted after point (c):
"(d) the Government, under the conditions set out in Paragraph 118,"
Point (d) shall be renumbered as point (e).
9. In Paragraph 64 (1), the words "or he who has submitted a retrial under the conditions set out in Paragraph 119 (4) of this Law 'shall be added at the end of the text (e).
10. In Paragraph 64 (2), the words "or he who has submitted a retrial under the conditions set out in Paragraph 119 (4) of this Law 'shall be added at the end of the text (d).
11. Sections 72 and 73, including the title, read:
"Constitutional complaint
(1) A constitutional complaint may be lodged:
(a) the natural or legal person referred to in Article 87 (1) (d) of the Constitution, where he claims that a final decision in proceedings involving a party, measure or other intervention by a public authority (hereinafter referred to as "intervention by a public authority") has infringed his fundamental right or freedom guaranteed by constitutional order (hereinafter referred to as "constitutional guaranteed fundamental right or freedom");
(b) the representative of a municipality or a higher local authority (hereinafter referred to as the "local authority") pursuant to Article 87 (1) (c) of the Constitution, where it claims that the unlawful interference of the State has infringed the guaranteed right of the local authority to self-administration.
(2) Unless otherwise stated in this law, the general provisions of this law on the proposal and of the complainant (hereinafter the complainant) apply to the constitutional complaint.
(3) A constitutional complaint may be lodged within 60 days of receipt of the decision on the last procedural instrument which the law provides to the complainant to protect his right; such a means of appeal, an exceptional remedy, other than an application for a retrial, and any other procedural means of protection of the law with which the application is linked to the initiation of judicial, administrative or other legal proceedings.
(4) If an extraordinary appeal has been rejected by the decision-making authority as inadmissible on grounds of its discretion, a constitutional complaint may be lodged against a prior decision on a procedural remedy which has been challenged by an exceptional appeal within 60 days of the date of service of such an exceptional appeal decision.
(5) If the law does not provide a procedural remedy for the protection of the rights of the complainant, a constitutional complaint may be lodged within 60 days of the date on which the complainant became aware of the intervention of the public authority in its constitutionally guaranteed fundamental rights or freedoms, but no later than one year from the date on which such intervention took place.
(6) The constitutional complaint shall be accompanied by a copy of the decision on the last procedural instrument for the protection of the right and, where appropriate, a copy of the decision rejecting the exceptional remedy on the grounds referred to in paragraph 4. If the complainant also resides in the protection of his right other than the procedural means referred to in paragraph 3, the Constitutional Court shall be required to notify it without delay.
(1) A political party shall be entitled to make a proposal pursuant to Article 87 (1) (j) of the Constitution if it claims that the decision on its dissolution or any other decision concerning its activities is not in conformity with constitutional or other laws.
(2) The application referred to in paragraph 1 may be made within 30 days. That period shall begin on the date on which the decision on the last procedural instrument granting the law to a political party for the protection of its right became final; where the law does not provide such an instrument, the period shall begin on the date on which the decision referred to in paragraph 1 became final.
(3) Otherwise, the provisions of this Section shall apply to the application referred to in paragraph 1 and to the procedure concerning it. "
12. Paragraph 75 (1) reads as follows:
"(1) A constitutional complaint is inadmissible if the complainant has not exhausted all the procedural means provided by the law to protect his right (§ 72 (3)); This does not apply to exceptional appeals which may be refused by the institution which decides on it as inadmissible for reasons which depend on its discretion (§ 72 (4)). '
13. In Part Two, Title Two, Section Eight, including the title and footnote 3a, read:
Procedure for the measures necessary for the implementation of the international court ruling
International Court
For the purposes of this Act, an international body whose decisions are binding on the Czech Republic under international agreements which form part of the legal order (hereinafter referred to as the "international treaty ').
Application for annulment
(1) If the international court found that the intervention of a public authority had infringed an obligation arising from an international treaty for the Czech Republic, in particular that the human right or fundamental freedom of a natural or legal person had been infringed by that intervention, and if such a breach is in the law in force, the Government of the Constitutional Court shall submit to the Constitutional Court an application for the annulment of such a law or its individual provisions, unless the annulment or amendment can otherwise be ensured. Paragraph 35 (1) on the inadmissibility of the application to initiate proceedings in a case already decided by the Constitutional Court shall not apply in this case.
(2) The Constitutional Court shall proceed in the proceedings referred to in paragraph 1 in accordance with Section 1 of this Title.
Application for renewal
(1) If the Constitutional Court has ruled in a criminal case in which the international court finds that the intervention of a public authority has infringed human law or fundamental freedom in contravention of the international treaty, an application may be filed against such a decision by the Constitutional Court under the conditions laid down by this law.
(2) The application for renewal before the Constitutional Court shall be entitled to be brought by the party to the proceedings before the Constitutional Court in respect of the case referred to in paragraph 1 and for the benefit of which the international court has ruled.
(3) An application for renewal may be lodged within six months of the date on which the decision of the international court under the relevant international agreement becomes final. 3a) The application must include, in addition to the general requirements (§ 34), the designation of the decision of the Constitutional Court against which it is directed, the designation of the decision of the International Court on which it relies, and an indication of the contradiction of the decision of the Constitutional Court with the decision of the International Court.
(4) An application for annulment of a law or other law or any other provision thereof may be made together with the application of a motion for renewal if, according to the appellant's contention, they are contrary to a constitutional law or, where appropriate, to another law.
(5) The parties to the application for renewal shall also be parties to the proceedings before the Constitutional Court, the renewal of which is proposed, which are not applicants; those who were interveners in this proceeding are those who are also involved in the proceedings on the application for renewal.
(6) The provisions of paragraphs 83 and 84 shall apply to the reimbursement and payment of the costs of representation in the proceedings for the renewal of proceedings.
(1) An application for renewal shall not be admissible if the consequences of a breach of human rights or fundamental freedoms no longer persist and are sufficiently remedied by the granting of a fair remedy as decided by the international court or if the remedy has been rectified otherwise.
(2) The Constitutional Court shall not refuse the adoption of an application for renewal for the reasons referred to in paragraph 1 if the public interest in the renewal of proceedings substantially exceeds the applicant's own interest.
(1) The Constitutional Court shall decide on the application for renewal without oral hearing. If the finding of the Constitutional Court is contrary to the decision of the International Court, the Constitutional Court shall revoke the finding; otherwise reject the proposal.
(2) If the Constitutional Court, on the basis of a request for renewal of proceedings, has annulled its previous finding, it will re-examine the original application to initiate proceedings in accordance with the relevant provisions of this Law.
(3) In the new finding, the Constitutional Court is based on the legal opinion of the international court.
(4) If the new finding of the Constitutional Court results in the annulment of previous decisions, Article 235i (3) of the Civil Code applies mutatis mutandis to the procedure of the competent authorities.
(5) If the Constitutional Court has decided by order and by that order the proceedings have been closed, the provisions of paragraphs 1 to 4 shall apply mutatis mutandis.
3a) Article 44 of the Convention on the Protection of Human Rights and Fundamental Freedoms, as amended by the later Protocols, published in OJ No 209 / 1992, p.
Efficacy
This Law shall take effect on 1 April 2004.
Zaoralek v. r.
Spindles v. r.
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Regulation Information
| Citation | Act No. 83 / 2004 Coll., amending Act No. 182 / 1993 Coll., on the Constitutional Court, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.02.2004 |
|---|---|
| Effective from | 01.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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