Rules Of Court Of The Administrative

Original Language Title: soudní řád správní

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53360&nr=150~2F2002~20Sb.&ft=txt

150/2002 Sb.



LAW



of 21 April 2004. March 2002



rules of Court of the administrative



Change: 192/2003 Coll.



Modified: 22/2004 Sb.



Change: 237/2004 Sb.



Change: 436/2004 Sb.



Change: 555/2004 Sb.



Change: 555/2004 Coll. (part)



Change: 127/2005 Coll.



Change: 357/2005 Sb.



Change: 350/2005 Sb.



Change: 413/2005 Sb.



Change: 79/2006 Sb.



Change: 165/2006 Sb.



Change: 112/2006 Coll., 159/2006 Sb.



Change: 216/2008 Sb.



Change: 314/2008 Sb.



Change: 189/2006 Sb.



Change: 301/2008 Coll., 7/2009 Sb.



Change: 320/2009 Sb.



Modified: 294/2010 Sb.



Change: 118/2010 Sb.



Change: 130/2011 Sb.



Change: 303/2011 Sb.



Change: 275/2012 Sb.



Change: 396/2012 Sb.



Change: 250/2014 Sb.



Change: 87/2015 Sb.



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



BASIC PROVISIONS



TITLE I OF THE



GENERAL PROVISIONS



§ 1



This Act regulates the



and the authority and jurisdiction of the courts), acting and deciding in the administrative

the justice system and some of the questions of the Organization of the courts and status of judges,



(b) the procedure of the courts), the parties (hereinafter referred to as "participant") and other persons

in the administrative justice system.



§ 2



In the administrative judiciary the courts provide protection of public subjective

the rights of natural and legal persons in the manner prescribed by this law and the

under the conditions laid down in this or a special law and decide in

other matters, where the law so provides.



§ 3



(1) within the Administrative Justice Act and decide the county courts and the Supreme

the administrative court. In the case of the regional courts shall carry out the administrative judiciary

specialised and dedicated a single judge.



(2) unless otherwise provided in this Act, apply to the Organization of the courts and

the status of judges, decisive in the administrative judiciary, General legal

^ 1 of the regulations.)



TITLE II



THE COMPETENCE AND JURISDICTION OF THE COURTS



Jurisdiction of the courts



§ 4



(1) the courts in the administrative judiciary shall decide on the



and proceedings brought against decisions given by) in the area of public administration authority

the Executive authority of a territorial self-governing unit, as well as the physical

or legal person, or other authority, if they were entrusted with the

deciding on the rights and obligations of natural and legal persons in the

the area of public administration, (hereinafter referred to as "administrative authority"),



(b) protection against the inactivity) of the administrative authority,



(c) the protection against unlawful interference) of the administrative authority,



(d) the admissibility of actions).



(2) in the administrative judiciary the courts also decide



and in matters of electoral and) in matters of local and regional referendums,



(b)) in matters of political parties and political movements,



(c)) on the abolition of the measures of a general nature or parts of it for lack of

by the law.



§ 5



Unless otherwise provided in this or the Special Act, is in the administrative

the judiciary to seek protection of the rights to the design and only after the exhaustion of ordinary

remedies, admits to a special law.



§ 6



Of the decisions of the courts in the administrative judiciary are excluded, which

It provides for this or the Special Act.



section 7 of the



Jurisdiction of the courts



(1) unless otherwise provided in this or the Special Act, is to conduct the substantive

the competent regional court.



(2) unless otherwise provided in this or the Special Act, is to control locally

the competent court, in whose district is the seat of the administrative authority, which in the case

issued a decision in first instance or otherwise intervene into the rights of the

Court seeks protection. If the administrative authority located outside the perimeter of their

scope, that is situated in the district.



(3) in matters of insurance and pension benefits under specific regulations

paid, together with pensions ^ 1a) and in matters of employment, protection

workers at the employer's insolvency, benefits

social support, foster care benefits, benefits for persons with

disabilities, person with disabilities, the contribution to the care and

benefits assistance in material need is to control the competent regional court, in whose

the circuit has a domicile or seat of the applicant, where appropriate, in whose district

resides.



(4) if the proposal in the case filed in the Court of administrative justice, which is not

respect to its execution, it shall refer the Court to discharge the

factually and locally competent court. Where the matter has incorrectly referred to the

The Supreme Administrative Court, the Supreme Administrative Court returns it to the district

the Court, which it ceded, or shall forward it to the regional court of factually and

the locally competent.



(5) unless the Court, for which a proposal has been filed, to his handling of the locally

appropriate, referred to the Court for settlement. Disagree-if

This Court with the referral of the matter, it shall submit the files to the decision on the

jurisdiction of the Supreme Administrative Court. By The Decision Of The Supreme

Administrative Court on this matter, the courts are bound by.



TITLE III



EXCLUSION OF JUDGES, THE COMMANDMENT OF THINGS TO ANOTHER COURT, THE REQUEST



§ 8



Exclusion of judges and other persons



(1) judges are excluded from the hearing and the decision of the case, if the

reference to their relationship to things, to participants or their representatives

is given reason to doubt their impartiality. Excluded are also

judges who participated in the hearing or decision making things for

administrative authority or in the previous judicial proceedings. The reason for the exclusion of

judge not the circumstances that lie in the procedure, the judge in the proceedings of the

the present case or in his decisions in other cases.



(2) for similar reasons is also excluded by another person, which

directly involved in the exercise of the powers of the Court (hereinafter "the Court

a person ") and also the interpreter and expert.



(3) a judge who finds out the reason for their bias, shall notify such

the fact the President of the Court and the proceedings so far can only be such

acts, that kid. The President of the Court on its place determined by

the schedule of the work of another judge or another Chamber. If the President of the Court for the

that is not the reason given by the partiality of the judge, or if the case of the President

the Court shall decide on the exclusion of the Supreme Administrative Court resolution, and if the

judge, Supreme Administrative Court, another of its Senate.



(4) a judicial person, interpreter or expert shall communicate the reasons for their partiality

the President of the Senate. The exclusion shall be decided by the Senate. The provisions of paragraph 3

applies mutatis mutandis.



(5) the participant or the person interested in the proceedings may argue partiality

judge, Court of the person, of an interpreter or expert. The objection must apply to the

one week from the date, when the bias is learned; If it finds reason to

bias in negotiations, it must be applied in such negotiations. To later

cited objections shall be disregarded. The objection must be justified and must

be given the specific facts of which is dovozována. On the exclusion of

the judge shall decide by resolution after its expression of the Supreme Administrative Court, and

If the namítána judicial partiality of the person, of an interpreter or expert, the Senate after

their observations.



(6) the provisions of paragraph 5, the last sentence shall not apply if the Court considers that it

that objection of partiality, that was applied in the course of the proceedings, in which the

the Court must decide within the time limits calculated on days is not warranted,

If it is admissible against this decision an appeal in cassation.



§ 9



Referral to another court



(1) the Supreme Administrative Court will order the thing other than the locally competent

District Court judges for the exclusion of specialised Chambers

the locally competent court cannot build the Senate.



(2) the Supreme Administrative Court may order other than locally

the competent District Court, if it is for speed or efficiency

management or other important reason.



(3) the participants shall have the right to comment, which the Court has to be the thing

it, and in the case of paragraph 2, also for the reason of the commandments.



§ 10



Request



Acts that would be the competent court could only with difficulty or

neúčelnými costs or that you cannot do this in his circuit, the

According to his request, the District Court or a specialized Chamber of the regional

of the Court.



PART THE SECOND



ORGANIZATION



TITLE I OF THE



THE SUPREME ADMINISTRATIVE COURT



§ 11



(1) there is hereby established the Supreme Administrative Court.



(2) the seat of the Supreme Administrative Court is Brno.



§ 12



(1) the Supreme Administrative Court as the ultimate judicial authority in matters of

belonging to the jurisdiction of the courts in the administrative justice system ensures the unity and

the legality of decisions by deciding on complaints of Cassation in

cases provided for in this law, and also in other

the cases provided for by this or by a special law.



(2) the Supreme Administrative Court monitors and evaluates the final decision

the courts in the administrative justice system and on the basis of the uniform

decisions of the courts adopt opinions on the decision-making activity of courts in

matters of a certain kind.



(3) in the interests of legal and administrative authorities with decision-making

The Supreme Administrative Court in the cases and under the procedure laid down in this Act

may act in its decision making on the activities of the major resolution.



section 13



(1) the Supreme Administrative Court shall consist of the President of the Court, Vice-Presidents

the Court, the Presidents of colleges, the Presidents of the Chambers and other judges.



(2) the Chairman and Vice-Chairman the Supreme Administrative Court shall appoint, from among the

the judges of this Court, the President of the Republic; the removal of these features

covered by the law on courts and judges.
(3) the term of the Chairman and the Vice-Chairman of the Supreme Administrative Court

It is 10 years.



(4) the decision-making activities of the Supreme Administrative Court shall be exercised by the judge.

The Chairman and Deputy Chairman of the Supreme Administrative Court addition

the decision-making activities of State Administration also the Supreme Administrative Court in

range specified by this law. The Presidents of colleges, in addition to decision-making

the activities also organises and controls the activities of the colleges. In addition to the Presidents of the Chambers

the decision-making activities also organises and controls the activity of the Chambers.



§ 13a



cancelled



§ 14



(1) the judges of the Supreme Administrative Court is appointed at least one

Assistant judge. Employment of Assistant judge arises by the appointment and

governed by the labour code, if this law provides otherwise.



(2) an Assistant judge is appointed and removed by the President of the Supreme Administrative

the Court on the proposal of the judge, whose Assistant is. Features Assistant

a judge shall be deemed repealed, shall lapse if the competent judge.



(3) an Assistant judge may be appointed as the upstanding citizen that has

higher education in master's study programme in the field of

the rights to the high school in the Czech Republic. The condition of integrity

does not meet one who was been convicted of a criminal offence, if the

It does not look as if he was not convicted.



(4) an Assistant judge is obliged to maintain secrecy about the things of the

which he learned in connection with the performance of their duties, even after the

the demise of the function. This obligation it may relieve the President of the Supreme

Administrative Court.



(5) the Assistant judge shall be individual acts of the administrative management of the

the credentials of the judge of the Supreme Administrative Court.



§ 15



(1) the judges of the Supreme Administrative Court shall be included in the work schedule

colleges by major segments of its business.



(2) the number of colleges shall be decided by the plenary (the Supreme Administrative Court

"plenary") on a proposal from the President of the Supreme Administrative Court.



section 16 of the



(1) the Supreme Administrative Court makes decisions in chambers or in the extended

Chambers, unless otherwise provided in this law, that decides and makes the individual

acts of the President of the Senate.



(2) the Senate shall consist



and of the Chairman and six) judges in electoral matters, matters of a local and

the regional referendum, in matters of political parties and political movements and

in the proceedings on the admissibility of actions,



(b)) of a President and two judges in other cases.



(3) the extended Board consists



and of the Chairman and six) judges, shall decide if the matter referred to him by the Senate

composed in accordance with paragraph 2 (a). (b)),



(b)) of a President and eight judges in other cases.



§ 17



(1) if the Senate Reached the Supreme Administrative Court in its decision to

the legal opinion that is different from the legal opinion is already expressed in the

the decision of the Supreme Administrative Court, it shall refer the matter to the decision

the enlarged Board. When a referral to your different legal opinion justify.



(2) the provisions of paragraph 1 shall not apply, if a different legal opinion has already

Therefore, in the opinion of the Supreme Administrative Court.



section 18



(1) if the Senate Reached the Supreme Administrative Court in its decision

Once again the legal opinion that is different from the legal opinion about the same

the legal question on which is based the decision of the administrative authority, the

present this legal question to the enlarged Board.



(2) the Act is extended to the Senate on the legal opinion, the same with the existing

the decision-making activities of the Supreme Administrative Court, shall adopt it as

a major resolution.



(3) the fundamental resolution of the President of the Supreme Administrative Court shall publish in

Collection of decisions of the Supreme Administrative Court and send them to the administrative

authority to which the decision referred to in paragraph 1, and to the competent

the Central Administrative Office.



(4) the rules of procedure of the Supreme Administrative Court ("rules of procedure")

lays down, in which the other cases, the Chairman of the Supreme

the Administrative Court of the present enlarged Board to assess other legal

questions.



§ 19



(1) in the interests of a single decision of the courts, the Chairman of the Supreme

the administrative court or the Supreme Administrative Court, President of the College, or

extended composition on the basis of the evaluation of the final decision of the courts

to propose to the competent College opinion. For opinion

is needed the consent of a majority of all the members of the College.



(2) in the case of questions concerning multiple colleges or the dispute between them,

the Chairman of the Supreme Administrative Court in the interests of uniform decision-making

courts on the basis of the evaluation of the final decision of the courts suggest

opinion to the plenary.



(3) before delivering the opinion of the Supreme Administrative Court's may request

representation of the administrative authorities and other authorities, the administrative boards of the regional

courts and other persons.



section 20



(1) the plenary shall consist of all the judges of the Supreme Administrative Court.



(2) the plenary may validly adopt in the presence of at least two-thirds of the

of its members. To the adoption of the resolution must be approved by an absolute majority of the

of the members present; for opinion, to the decision about the number of colleges is

must consent by an absolute majority of all the members.



(3) the President of the Supreme Administrative Court shall convene the plenary, determines its

program and subject to its meeting. The President of the Supreme Administrative Court is

shall be obliged to convene within one month of the plenary, if so requested by at least one third of the

all judges of the Supreme Administrative Court; in this case, the President of the

The Supreme Administrative Court shall designate the program according to the plenum the proposal of who to

the convening of the plenum.



(4) the meeting shall not be public.



(5) the Minister of Justice and the President of the Supreme Court shall have the right

to participate in the meeting. At the meeting, you can invite also

the next person.



section 21



(1) the President of the Supreme Administrative Court issued after discussion in plenary

rules of procedure of the Supreme Administrative Court.



(2) the rules of procedure of the Supreme Administrative Court modifies, in particular in more detail

the procedure for the performance of the judiciary, at the hearing, when colleges and plenum

the creation of the boards of appeal and extended the boards, in the creation of the schedule of work, in the

inspections of the decision-making activities of the judges of the Supreme Administrative Court,

monitoring and evaluation of the final decision of the courts, when adopting

the essential resolution, advising, in issuing the Collections

the decision of the Supreme Administrative Court and the internal organization of the Supreme

Administrative Court.



section 22



The Supreme Administrative Court publishes a collection of decisions of the Supreme Administrative

the Court (hereinafter "the Collection decision"), which shall be published, in particular,

selected decisions of the Supreme Administrative Court and the county courts

in the administrative judiciary and the opinions and fundamental resolution of the Supreme

Administrative Court.



The Judicial Council, the Supreme Administrative Court



section 23



(1) the Judicial Council shall be the Supreme Administrative Court (hereinafter referred to as

"the Judicial Council"), which consists of five members.



(2) a member of the Judicial Council is incompatible with the functions of the President,

Vice Chairman and President of the College of the Supreme Administrative Court.



(3) the Judicial Council is an advisory body of the President of the Supreme Administrative

of the Court.



section 24



(1) the Judicial Council shall be convened by its program determines and directs its negotiations

the Chairman of the Judicial Council. The Chairman of the Judicial Council is obliged to

one month convene a judicial advice, if requested by the Member,

Chairman or Vice-Chairman of the Supreme Administrative Court.



(2) the Judicial Council may validly adopt in the presence of an absolute

the majority of all its members. To the adoption of the resolution must be approved

by an absolute majority of all the members of the Judicial Council.



(3) the meetings of the Judicial Council shall not be public.



(4) the Chairman or Deputy Chairman of the Supreme Administrative Court may

to participate in the meetings of the Judicial Council, the proposals and to comment on the

discussion questions. At a meeting of the Council may be invited to judge

the next person.



§ 25



(1) the Judicial Council



and the candidates) on the appointment of the President of the College and

President of the Senate of the Supreme Administrative Court,



(b)) is expressed to the judges, who are to be assigned, or transferred to

the performance features of the Supreme Administrative Court or who are to be

transferred from the Supreme Administrative Court to another court,



(c) draft work schedule) hears the Supreme Administrative Court and his

the changes,



(d)), to the fundamental questions of State administration the Supreme Administrative

the Court,



(e) may request the President of) the Supreme Administrative Court on the convening of the plenum and

design the program to him, Plenum



f) shall carry out other tasks, establishes the special law.



(2) the proposals referred to in paragraph 1 (b). and (d))) to submit Judicial Council

the President of the Supreme Administrative Court; at the same time specifies the time limit within which it is to be

Judicial Council discussed the proposal, which may not be less than 5

working days. Unless the Judicial Council within that period,

agrees.



The State administration of the Supreme Administrative Court



section 26



(1) the central authority of State administration of the Supreme Administrative Court is

The Ministry of Justice (hereinafter referred to as "the Ministry").



(2) State administration shall be exercised by the Supreme Administrative Court, the Ministry of

through the President of the Supreme Administrative Court.
(3) the Ministry and President of the Supreme Administrative Court shall

the cases provided for by this special law, or the State administration

The Supreme Administrative Court with regard to the representation of the Judicial Council.



section 27 of the



(1) the President of the Supreme Administrative Court shall exercise State administration

The Supreme Administrative Court in the range specified by this law.



(2) the Deputy Chairman of the Supreme Administrative Court is involved in the exercise of State

the administration of the Supreme Administrative Court in the range specified by the Chairman.



(3) the President of the Supreme Administrative Court may, while maintaining their own

responsibility to instruct the individual acts of State administration with their

the consent of the President of the boards of appeal and the other judge of the Supreme Administrative Court.



§ 27a



(1) the Director of the administration of the Supreme Administrative Court (hereinafter referred to as "Director of administration

the Court ") to the extent provided for in this law ensures the operation of the Court and the

some of the other activities associated with the performance of State administration of the Supreme

the Administrative Court; the responsibility of the President of the Supreme Administrative Court as the

the authority of the State administration of the Court is not thereby affected. The Chairman Of The Supreme

the administrative court may reserve, that decides things directly.



(2) the Director of the administration of the Court is appointed and dismissed by the President of the Supreme ^ 1a)

Administrative Court. The function of the Director of administration of the Court is carried out in the

the ratio.



section 28



The Ministry of State administration shall be exercised by the Supreme Administrative Court, by



and the running of the Court) after the Organization, in particular after each year

agreement with the President of the Supreme Administrative Court determined with regard to the

the amount of the present cases, the numbers of judges, magistrates and other assistants

employees working for him,



(b)) provides the manner prescribed by this law remove the Court after the

personnel,



(c) the operation of the Court) that secures funding for its

management and material security in the range specified by the Special

laws, regulations and inspections, ^ 1b)



(d)) and checks the performance of the State governed by the administration of the Supreme Administrative Court

carried out by its Chairman in matters of property to the State and the State budget and

organizes the performance of State administration the Court carried out its Chairman in

other matters,



e) organizes and manages training staff working with

The Supreme Administrative Court,



(f) regulating and governing the use of) information technology,



g) organizes, directs and controls the security tasks of the defence and

civil-emergency planning, the protection of classified information,

the safety of persons and property, fire protection and security and tasks

health protection at work,



(h) other tasks), if so this or the Special Act.



section 29



(1) the President of the Supreme Administrative Court shall exercise State administration

The Supreme Administrative Court, by



and the running of the Court) to the staff and the Organization, in particular the

by ensuring the proper cast of the Supreme Administrative Court judges,

assistants of judges, professional and other staff and handles personal

things the judges,



(b)) shall ensure the expertise of judges and creates conditions for the raising,



(c)) takes care of raising the professional level of judges and other assistants

employees working at the Supreme Administrative Court,



d) oversees the proper functioning of the judicial offices,



(e) ensure the provision of information by the Court) according to a special legal

code ^ 2)



(f) supervise the work of the Director of Administration) of the Court,



(g)), ensures the security of the Supreme Administrative Court and the crisis

management,



(h) other tasks), if so this law or specific legal

provisions.



(2) the President of the Supreme Administrative Court shall ensure the dignity of the negotiations on the

compliance with the principles of judicial ethics and the fluidity of the proceedings conducted by the

The Supreme Administrative Court. To this end, and with the use of electronic

registration Affairs, led by the Supreme Administrative Court,



and the screening of judicial files),



(b)) supervises the level of negotiations,



c) handles complaints.



(3) the Director of the administration of the Court, with the exception of acts, to which is referred to in this

the Act or special legislation is entitled to the President of the Court,



and the operation of the Court) after the economic, material and

the financial,



(b)) deals with personal things employees operating in the Supreme

with the exception of judges of the Administrative Court,



(c)) provides the proper functioning of judicial offices,



(d)) additional tasks related to the exercise of State administration of the Supreme

the administrative court according to the instructions of the President of the Court.



section 30



Complaints



(1) the President of the Supreme Administrative Court complaints to delays in

management, on the inappropriate behavior or disturbing the dignity of the proceedings

Vice-President of the Court, the President of the Senate, judges, judges and assistants

other employees involved in the Supreme Administrative Court.



(2) the filing, whose content is the way to settling the complaint

applications processed by the Chairman of the Supreme Administrative Court, shall be dealt with by the Ministry.

The Ministry also handles complaints referred to in paragraph 1, if the

their execution reserved.



TITLE II



COUNTY COURTS



section 31



(1) the District Court in matters of administrative justice, unless otherwise provided by law

otherwise, decisions of the specialized chambers of the President and the

two of the judges.



(2) in matters of pension insurance, sickness insurance, job applicants

employment and unemployment, and support for

retraining under the regulations on employment, social welfare, assistance in

material need and the State social aid benefits of foster care, in

matters of violations, international protection, the decision on administrative expulsion,

the decision on the obligation to leave the territory, a decision regarding the securing of a foreigner,

decision on the extension of the duration to ensure foreigners, as well as other

the decision, the effect of which is the limitation of personal freedom, as well as the stranger

in other cases, in which a special law so provides, decisions of the

a specialized judge.



(3) if so, the law decides and makes the individual acts

the President of the Senate. The rights and obligations of the President of the Senate has specialized

a single judge.



PART THE THIRD



MANAGEMENT IN THE ADMINISTRATIVE JUDICIARY



TITLE I OF THE



GENERAL PROVISIONS ON PROCEDURE



§ 32



Initiation of proceedings



The procedure is initiated on the date when the proposal came to the Court; If the proposal relates to things

referred to in section 4, paragraph 4. 1, called the proposal for action.



section 33



The participants in the proceedings and negotiations for them



(1) the Parties are the applicant (the applicant) and the respondent (defendant) or those

which it lays down the law; the respondent (defendant) is the one about which it

lays down the law.



(2) Eligibility to be party to the proceedings is the one who has the ability to have

rights and obligations, and the administrative authority; otherwise, even the one whom it law

admits.



(3) the participant is qualified separately do in control operations (hereinafter referred to as

"legal proceedings") to the extent that they have their own eligibility

operations, acquire rights and contract obligations. Procedural competence has

the administrative authority and also the one who is by law entitled to submit a proposal.



(4) A legal person is the one who is authorized by the

a special law. For a legal person cannot be the one whose interests

are contrary to the interests of a legal person. Who is a legal person,

their permission to challenge the Court. In the same case may

legal person to act at the same time only one person.



(5) unless otherwise provided by special law to the contrary, it is for the governing body of his

Manager, or other person entitled to do so under the internal

regulations.



(6) If a participant in the State, it is one about which it lays down special

^ 4 the law.)



(7) If a party to the Court, the Senate, to which the matter relates, its

the President of the.



(8) If more than one person, the common proposal, is in control of every man for himself

and with effects only for his person.



§ 34



Persons involved in the management of the



(1) Persons involved in the proceedings are the people that have been directly affected by

in their rights and obligations by issuing the contested decision or by

that decision has not been issued, and those that may be directly affected by its

cancellation or release of the decision of the Court under the draft statement, if they are not

the participants and announced that they will be in the management of the rights of persons

involved in the management.



(2) an applicant is required to indicate in the proposal of the person that come in

as a person involved in the proceedings, if they are known to him. The President of the

the Senate such persons shall inform the ongoing management and invite them to

the time limit, which at the same time provides them, whether in management have announced they will be

apply the rights of persons involved in the proceedings; such notice may be made

only in this period. Simultaneously with the notice is about their rights.

Similarly, the President of the Senate shall proceed, if it is established in the course of the proceedings, that is

another such person. About the personal information of those persons reported,

apply, mutatis mutandis, the provisions of section 37, paragraph. 3.



(3) the person interested in the proceedings has the right to submit written observations,

access to the file, be informed about the negotiations and nařízeném, claim to

It was at the hearing granted to the word. Delivers her action, resolution on

granting suspensive effect, of the resolution on interim measures and the
the decision, which ends the proceedings in the Court. The person interested in the proceedings

cannot have its subject.



(4) the Court resolution, that he who seeks the position of the person

involved in the management of, and conditions for it, is not the person does not meet the

interested in the proceedings.



(5) if the number of persons involved in the management of extremely high and

the individual exercise of their rights, could be vulnerable to the rapid progress of the

proceedings, the Court decides that the persons involved in the proceedings of their rights in the

control apply only through a common agent, which

they choose. If the total number of selected agents has grown to more

than 10 and the persons involved in the proceedings shall agree between themselves on the selection,

make a selection, taking into account the interests of the persons concerned in the management of the Court.

Common agent exercises the rights of the persons involved in the management, which

He represents. The provisions of § 35 paragraph. 2 and 6 shall apply mutatis mutandis.



section 35



The representation of the



(1) a party who does not have legal proceedings must be in control

represented by a legal representative.



(2) unless otherwise provided in this Act, a party may be represented by

a lawyer or other person who performs a specialized legal

advice in accordance with special laws, if a proposal for a field of activity in the

them. ^ 5) in representation belongs to the reward; for the determination of its amount,

subject to specific legislation otherwise, applies, mutatis mutandis, the Special

the legislation, which are set out in the remuneration and compensation lawyers

provision of legal services.



(3) an applicant may be represented by the trade union organisations, which also is

a member of the. For the trade-union organization is authorized to do so by her employee

or member.



(4) if the Court is seeking the protection of a party who claims that there has been

the administrative authority for the discrimination by reason of sex, national,

social or racial origin, membership of a national or

ethnic minority status, colour, language, religion, faith, world

opinion, political or other beliefs, disability, age,

property, birth or other status, or sexual orientation, can be

also represented is a legal person, on the basis of the Special

the law, which a ^ 6) to the activities referred to in the articles of Association, include the protection

before such discrimination. For a legal person is authorized to do

the employee or member.



(5) if the Court is seeking the protection of the participant of the action, in case the international

protection, a decision on administrative expulsion, a decision on the obligation

to leave the territory, a decision regarding the securing of a foreigner, the decision on the extension of the

the duration to ensure foreigners, as well as other decisions, which

the consequence is a limitation of personal freedom, the alien may be represented by also

legal person, on the basis of a special law ^ 6), to which the

the activities set out in its statutes, include the provision of legal aid

refugees or foreigners. For a legal person is authorized to do

the employee or member who has a university education,

that is according to the specific legislation required for the exercise of advocacy.



(6) a participant may also be represented by a natural person who has

the eligibility of legal capacity in full. The Court such representation

the resolution, if such a person is not eligible evidently to the proper

representation or represents in various matters again.



(7) in the same case can have only one representative of the participant. The representative must

Act personally, unless the law expressly so special.



(8) the Applicant, for which they are qualified to be exempt from the

court fees, and if it is necessary to protect its rights, the

the President of the Senate on a proposal to appoint a representative of the resolution, which can be

lawyer; the representative's cash outlays and fee for representation persons referred to in

paragraph 2 applies in this case, the State. If the applicant

appointed representative of any of the persons referred to in paragraph 2, which is

a payer of value added tax (hereinafter referred to as "tax"), this claim

to the State by an amount equal to the tax that the person is required from

the rewards for the representation and of the compensation payable by cash expenses

^ special legal regulation 6a); the same applies in the case where the person

referred to in paragraph 2 are the companions of a legal person constituted under

the specific legislation governing their profession ^ 6b) and

the tax payer is a legal person. If the applicant so requests, the

exemption from court fees or the appointment of a representative for a period of

the filing of such requests in the decision about her running period

laid down for the submission of the proposal on the initiation of the proceeding. Representative established in the

proceedings before the regional court, where a lawyer represents the applicant

and in the proceedings on the complaint.



section 36



The rights and obligations of the participants



(1) the participants in the proceeding have equal status. The Court is obliged to provide the

give them the same opportunities to exercise their rights and provide them with guidance on the

their procedural rights and obligations, to the extent necessary for

to the proceedings did not suffer injury.



(2) the costs associated with retaining an interpreter ^ 7) paid by the State.



(3) a party who has submitted evidence that it does not have sufficient resources, may be on the

request resolution of the part to be exempt from judicial

the fees. Admit the participant exemption from court fees can be completely

only exceptionally, if there are serious grounds for it separately, and this

the decision must be justified. If, however, the Court concluded that the proposal

obviously cannot be successful, such a request will be rejected. Granted exemption

at any time in the proceedings, where appropriate, shall be withdrawn with retroactive effect, if

the final completion of the proceedings show that the ratios of the participant granted

the exemption does not warrant, or neodůvodňovaly. Granted exemption

also applies to the proceedings on the complaint.



§ 37



Acts of the participants and persons involved in the management



(1) the participants and persons involved in the proceedings may do their acts

in any form, unless the law for certain acts of some form of

does not provide. The President of the Senate can always save to the Act was made

in writing or orally.



(2) Submission containing the Act which has the management or its

the subject can be made in writing, orally, or in

electronic form signed electronically by a special Act. ^ 8)

It was such a filing has been made in a different form, must be within three days

confirmed by a written submission of the same or the content must be submitted to the

the original, or else to him. If such an act of collective

the authority or person, by a special Act or on the basis of

It is a collective body, it must be accompanied by a copy of the resolution of such

the authority, which has been ratified with the contents of the submission.



(3) of each submission must be evident, what concerns, who makes it, against

who is going, what it proposes, and must be signed and dated. The one who

is the submission, (hereinafter referred to as "podatel") in the filing shall indicate on their person personal

the data only to the extent necessary; always indicate the name, surname and address of the

He can deliver. Other personal information shall only if it

with regard to the nature of the case, which is to be discussed by the Court. To

the submission must be attached to the instrument, which is podatel. The submission,

that is to be sent to other participants and parties to proceedings

concerned, must be submitted in the required number of copies.



(4) the applicant may withdraw its proposal wholly or partially back until about

It has.



(5) the President of the Senate resolution that prompts you to repair or remove

the defects of the lodging and stipulate the time limit. If the submission in this period

added or corrected, and in proceedings cannot be for this lack of

continue, the court filing a resolution refuses, unless otherwise provided by the law of another

the procedural consequence. About podatel in the call must be advised.



section 38



Interim measures



(1) where a filed document instituting the proceedings and the need to modify the provisionally

the ratios of the participants for the imminent serious injury, the Court by order may, on a proposal

the preliminary measures participants save something to do, something to

or something to endure. For the same reasons, the Court may impose such an obligation

a third person, if it's fair to ask after her.



(2) a proposal for a provisional measure the Court's requests as needed

the expression of the other participants.



(3) on the proposal for a provisional measure the Court shall decide without undue

delay; If there is no risk of default, shall decide within 30 days of its

the submission. Resolution on the proposal for a provisional measure must always be

justified.



(4) the Court may annul the decision on interim measures or change,

changes to conditions, and even without a draft. The provisional measures shall lapse

no later than the date on which the decision of the Court shall,

enforceable.



section 39



The concentration and the exclusion of things



(1) a separate action against the same decision or against

the decision, which in fact are linked together, the President of the Senate

connect to a common resolution.



(2) when one more action against the decision, the President may
the Senate resolution of any such decision to be excluded

consultation, if it is not possible or appropriate management.



section 40



Time limits



(1) the time limit provided for in this law or by a court decision, the challenge begins

run at the beginning of the day following, when occurred

indicating its origin. This does not apply to time limits laid down by the clock.



(2) a period expressed in weeks, months or years, the end of the day,

that is the same as the date on which determine the beginning of the period.

If there is no such day in the month, the end of the period ends on the last day

This month.



(3) if the last day of the time on a Saturday, Sunday or public holiday, it is

on the last day of the period closest to the following working day. This does not apply to

the time limits laid down by the clock.



(4) the time limit is maintained, if the filing deadline passed in the last day

Court or sent through the postal licence holder,

the special postal licence or handed over to the authority, which has

the obligation to deliver, unless otherwise provided by this Act.



(5) unless otherwise provided by law, the President of the Senate from the serious

omluvitelných reasons for the application deadline for the implementation of the Act

waived. The request must be made within two weeks after the time limit has ceased, and

It is necessary to combine the omitted act with her. The time limit specified by the Court may similarly

the President of the Senate also extended.



(6) If a special law, which lays down the time limits for the submission of the proposal to

the Court, the provisions about counting and time limits, apply the provisions of paragraphs 1

up to 4 apply mutatis mutandis.



§ 41



Special provisions on the operation of certain time limits



If a special act in cases of infractions, punitive or

disciplinary or other administrative offences (hereinafter referred to as "the administrative

tort ") of the period for the demise of responsibility, where necessary, for the execution of the decision,

These time limits for the proceedings before the Court under this Act is not running. It

shall apply mutatis mutandis to the time limits for the demise of the law in matters relating to taxes, duties, fees,

contributions, advances on the income and charges for violation of budgetary discipline,

that income of the State budget, State financial assets or

reserve funds of the State budget organizational components of territorial

self-governing units, or State funds or the National Fund, and the

limitation periods in case of damages or non-material damage

caused in the exercise of public power by a special Act.



section 42



Delivery



(1) the Court delivers the document to the Clipboard data ^ 8a), if it is not possible to

served in this way, it delivers the Court Court

the postman, the holder of the license through the mail, or

Special postal licence or through the public data network.

If it is necessary, the Court may request the delivery of another State

authority.



(2) if the participant or the person concerned in the management representative, delivers

only representatives. If, however, the participant, or the person concerned in the management of

something personally to execute, deliver, and them.



(3) If service of documents is likely to be associated with delay or with

difficulties, the Chairman may save the Senate, which it refers to

for the service chosen by the agent, which can be delivered without difficulty, and

instruct them that otherwise documents will be stored in the Court with the effects

delivery. The one to whom it was delivered by saving, has the right to pick up

a judgment or resolution or ask to be sent to the specified

the address.



(4) if it is clear that the persons involved in the management of the delivery will be

unduly lengthy, costly, administratively challenging or impossible,

especially for a large number of them or because they cannot be individually

identify, on the basis of the measures of the President of the Senate to deliver by posting

decisions or other documents on the court notice board. The Court may also

publish its decision or other document to

remote access or on the notice board of the local authority.



(5) unless otherwise provided by this law, are used for the delivery

Similarly, the provisions in force for service in civil proceedings.



§ 43



The summons and the presentation of



(1) the court summons in writing or orally at the hearing present. In

urgent cases can also do by telephone, the summons

telegram, or electronically signed by the Special

^ 8) of the Act.



(2) not appeared to be the one who was summoned, without proper excuse may be

on the command of the President of the Senate, was brought to the options presentation

advised. Presentation on the cost displayed by application

President of the Senate of the authority of the Police of the Czech Republic or, if it is to be brought

Member of the armed corps, Commander or the Chief of the Corps.



§ 44



Riot fine



(1) anyone who disagreed with the court challenges or make abusive the filing or

recitation, a resolution may be imposed as law enforcement measures riot

a fine in the amount of Czk 50 000, which is the income of the State budget. Fine

can be imposed repeatedly and on a reasoned request may be submitted

in the decision, which shall be, in part, by order or

completely remitted.



(2) fined selects and enforced by a court that deposited it. ^ 9)



section 45



Access to file



(1) the participants, their representatives and persons involved in the proceedings have the right to

access to court records and its annexes, with the exception of the Protocol on the

the vote, and take from it extracts and copies or request that he

such a statement, or a copy issued.



(2) other persons may permit the inspection of the President of the Senate, where

the legal interest or serious reason and if it is not in contradiction with the rights or

the law protected the interests of any of the participants.



(3) upon presentation of the file of the administrative authority always indicating those parts of the file

that contain classified information protected by special law ^ 10) or

Another fact, protected by special laws. The President of the Senate of the

parts of the file excluded from inspection. This applies mutatis mutandis to the writings of the Court.



(4) cannot be excluded from inspection of the file referred to in paragraph 3, which

the evidence was or will be conducted by the Court. Of inspection cannot be ruled out

even those parts of the file to which the party had the right to inspect the proceedings before the

administrative authority.



(5) to parts of the file referred to in paragraph 3, which referred to in paragraph 4 of the

the inspection will not be excluded, may inspect only the participant and his

the representative, where applicable, whether the person is proved by a certificate for

the appropriate classification level of the present reality of the protected

a special law, ^ 10) if the inspection of legal interest.



(6) prior to the consultation of the file that contains the information referred to in

paragraph 3, the Chairman of the Board shall instruct the persons who consult according to the specific

^ 11) Act and of the criminal consequences of infringement of the secrecy of classified

the information. By signing the Protocol on this lesson is informed of the person become

the persons designated to the extent necessary to get familiar with the classified information.

A copy of the log after the copy shall be sent to the national security

the Office.



(7) paragraphs 1 to 6 shall apply mutatis mutandis for the playback of audio or

sound recordings ("record") and the provision of their

copies or for other ways to capture the content of the Charter.



section 46



The rejection of the proposal



(1) unless otherwise provided in this Act, the Court rejects the proposal, resolution

If



and about the same things) the Court has already decided, or about the same things already Court

in progress or if there are other conditions and this lack of control

is Undeletable or through a court challenge was not deleted, and therefore cannot

in the proceedings to continue,



(b) the proposal was filed prematurely) or late, the



(c)) the proposal was filed by a person obviously unfair,



(d)) the proposal is illegal under this law.



(2) the Court rejects the proposal also seeks to dispute the decision of the

in a dispute or other legal stuff, which has to act and decide in court

Code of civil procedure, or seeks to design review

the decision of the administrative authority decided, within the limits of its legal authority in

private stuff. ^ 12) in its resolution on the rejection of the proposal must be

the claimant advised that, within one month from the final resolution of the

may bring an action and to which factually competent court.



(3) in accordance with the provisions of paragraph 2 shall refrain, if previously stopped in

the same things in civil proceedings, the Court found, therefore, that management

the matter has to be dealt with in the administrative judiciary. ^ 13) in that case, the Court

propose the Senate, set up under a special law, ^ 14) to decide

competency dispute about jurisdiction.



(4) if the Senate between specialized regional court for things

the administrative judiciary and the other by the Senate in the same district court, questioned whether

as for the thing that the Court has to consider and decide on the basis of the civil

Code of civil procedure, under a special Act; ^ 14)

paragraph 2 shall not apply.



(5) if the applicant has filed the proposal because it was the wrong lesson

the administrative organ that against his decision not subject to appeal

means, the Court therefore rejects this proposal and the case shall be submitted to the

settlement of the appeal to the competent administrative authority.
If the proposal was filed with the Court in a timely manner, appeal was filed

in a timely manner.



section 47



Termination of the proceeding



The court proceedings by order of stops,



and if the applicant) took its proposal; However, if it was a joint proposal

the more people, the President of the Chamber, only the withdrawal of the proposal, one of the

the plaintiffs note, resolution



(b) if the applicant declares), that was after the submission of the proposal of the administrative procedure

the Authority fully satisfied (section 62),



(c)), if so this or the Special Act. ^ 15)



section 48



Interruption of proceedings



(1) the resolution of the Court proceedings, if the



and in the matter of) was submitted to the Constitutional Court under article. paragraph 95. 2

The Constitution,



(b)), decided to request the Court of Justice of the European Union on the decision of the

preliminary ruling ^ 15a).



(2) the President of the Senate, where the resolution of the control aborts



and the participant lost a procedural capacity) and is not represented,



(b) in proceedings) cannot, without undue delay proceed with the legal successor

the participant,



(c)) decision depends on the issue, which is not in this Court

authorised to resolve,



(d)) shall be this law.



(3) the President of the Senate, the resolution of the control may break if the



and) finds that in the case was filed by the law připouštěný the initiative or proposal

to change or cancel the decision or such proceedings were initiated,



(b) the legal representative of the applicant) had died or lost a procedural

eligibility,



(c) the applicant is of unknown) residence or seat or cannot control

to participate in a more permanent nature for an obstacle,



(d)) found that ongoing, whose outcome could have an impact on the

decisions of the Court on the merits of the case or such dispute occurs.



(4) if the proceeding is interrupted, no meetings and running period referred to in

of this law.



(5) after the abolition of obstacles to the President of the Senate, even without a draft resolution

say that the procedure continues.



section 49



The negotiations



(1) to discuss the merits of the case shall order the President of the Senate proceedings and summons to

him the participants so that they have time to prepare an adequate nature of things,

However, at least 10 days; shorter time to prepare can be determined in the proceedings in the

which the Court is obliged to decide within the time limits calculated on the days. About

the hearing shall inform the persons involved in the proceedings.



(2) the hearing is public. The Chairman may exclude the public, the Senate, and even

for a part of the negotiations, only for the protection of classified information,

commercial secrecy, morality or public order. In such a

the case at the request of the participant's participation in the negotiations, the two shall authorize its

důvěrníkům, does not have to be thwarted by the purpose of the exclusion of the public, apparently, and

learning is about the consequences of breach of confidentiality. They are to be

discussion of classified information, must be proved by a certificate for config

the classification level of information-protected a special

law. ^ 10) the President of the Senate can also report each of the courtrooms,

who disrupts order and dignified course of negotiations.



(3) the participants shall not preclude the latter properly Negotiated discussion and completion of the

things are not reasons for adjournment under section 50.



(4) the negotiations initiated and governed by the President of the Senate. Of objections against the measures

President of the Senate in the management meetings shall be decided by resolution of the Senate. The President of the

the Senate leads the participants to comment about those facts and

legal issues, which, in the opinion of the Court for decision

indicating, although in earlier submissions of the participants were not applied.



(5) in the course of the hearing, the judges may, with the consent of the President of the Senate and

the participants and persons involved in the proceedings to ask questions to the participants,

where appropriate, the witnesses and experts or is calling for comments on the matter.



(6) if they are dealt with classified information, the President of the Senate

Similarly, under section 45, paragraph. 6.



(7) if the Court Determines at the hearing that there are grounds for suspension or

termination of the proceeding, or the rejection of the proposal, decides about the resolution.



(8) at the conclusion of the negotiations must be granted to the participants the word final

proposals.



(9) the judgment shall be pronounced publicly on behalf of the Republic. As soon as the Court

will announce the judgment, he is bound.



(10) if it is not possible to declare the judgment after the hearing that he

shall notify the President of the Senate, preceded the participants of the date and hour of its publication,

determined by the way that took place at the latest within one month, and

If they are present at all participants, within ten days after the end of this

the negotiations.



(11) the Judgment shall be published orally, if in case the negotiations and when

advertising is present at least one participant, or the person interested on the

management, or the public. If they are only present when the announcement of the judgment

the Court judgment, the Court shall declare the person, by posting a short written

copy without justification on the court notice board for a period of 14 days;

the day of the publication of the written copy of the notes.



(12) Meetings and other acts, in which the Court is with the participants or

carries out the taking of evidence shall be recorded in the form of a record. The record is

stores data in a durable medium, which is part of the file. If it is not

the possible acquisition of the record or, when provided for by law, provide for

the action, in which the Court is done with the participants, the taking of evidence, or

the decision, announced by the Protocol. The Court may determine to be parallel with the

the acquisition of a record drawn up by the Act. If they are not present when the Act

the participants, representatives of the public and the Court not only documentary evidence,

will the acquisition Protocol. In the case of a breach of Protocol and record has

the record. About personal information in the Protocol referred to, the

mutatis mutandis, the provisions of section 37, paragraph. 3.



(13) the details concerning the course of the negotiations, meetings, voting and drafting

the Protocol lays down the rules of procedure.



section 50



Adjournment of the meeting



Important reasons may be hearing adjourned. The Court may continue

the negotiations also if the participants consistently suggest.



section 51



Decisions without hearing



(1) the Court may decide on the merits of the case without a hearing, if the participants

identically designed or agrees. It is considered that consent is granted

also, if a participant does not respond within two weeks of receipt of the request

President of the Senate of its disagreement with such a discussion; about must

in the call to be advised.



(2) if so, this law shall be decided by the Court without a hearing on the merits

in the other cases.



section 52



The taking of evidence



(1) the Court shall decide which of the proposed evidence and can perform well

evidence of the other.



(2) the Court is bound by the decision of the courts that the crime has been committed and

who committed it, as well as the decision of the Court on civil status. About the other

the Court shall make a judgment's issues alone; If, however, a decision about them,

It is based on the Court, or where the court decide about them belongs,

can save the party to make such a decision your own design

raised.



section 53



The decision of the



(1) the merits of the case shall be decided by a court judgment; the resolution only where it

the law provides.



(2) in other cases the Court determines by resolution.



(3) against the decision of the Court are permitted, only remedies

When provided for in this law.



§ 54



The judgment of the



(1) The judgment of the Senate shall act by an absolute majority of votes in a non-public

consultation, in which in addition to the members of the Senate and the rapporteur shall be not nobody

present.



(2) the judgment shall be made in writing, shall contain the designation of the Court

the names of all the judges who decided on the matter, the designation of the parties, their

representatives of the present case, the statement of reasons, the letter of appeal

resource, and date and place of publication. The judgment shall be signed by the President of the

the Senate, and cannot do so, another Member of the Senate. Of personal data, in

the judgment entered, shall apply mutatis mutandis the provisions of section 37, paragraph. 3.



(3) a court judgment shall be drawn up not later than one month from the publication and

shall take the necessary measures to deliver a copy of the judgment to the participants in the

their own hands and to the delivery of persons participating in the proceedings. This time limit

the President of the Court may, for serious reasons, extend, but not more than two

of the month. In the proceedings in which the Court is obliged to decide within the time limits

calculated on days, the acts referred to in the first sentence without undue

the postponement.



(4) the President of the Senate of the repairs in the judgment and no design errors in writing and

the numbers, as well as the other obvious inaccuracies. If a repair scope,

issues about provisions of the resolution and may defer the enforceability of the judgment in

until the corrective resolution opposes the legal power.



(5) the Judgment, which was delivered to the participants, is in the final.



(6) the Statement of final judgment is binding for the parties, the person on the

the proceedings involved and for the public authorities.



(7) the Judgment is enforceable, once the deadline for implementation by the Court

in a statement, and has set if it is not made to the implementation of the obligation, or

If there is no time limit for the performance of its legal power.



section 55



The resolution of the



(1) the resolution shall be published publicly, if it is made in the negotiations. The resolution,

that is not to be served, and is not part of the log or record of

the negotiations, contains only a brief indication of things, opinion and an indication of the date of

issue.



(2) the Court is bound by the resolution, once it is announced, and issues,

delivery. However, the Tribunal is not bound by the resolution, which only governs the
leadership management.



(3) a written copy of the resolution shall be delivered to the participants only

If it ends, or if it decided on a proposal to return

suspensive effect or on the proposal of the preliminary measures otherwise, only

to whom it imposes an obligation to, or if it is necessary for the conduct of the proceedings.



(4) the resolution, which does not end with control and with which no one does not

the obligation may not be given.



(5) a resolution shall apply mutatis mutandis the provisions of the judgment.



section 55a



Different opinion



A member of the Senate of the Supreme Administrative Court in composition under section 16(1). 2

(a). and) (a). 3, with the decision of the Senate or its justification

disagree, has the right to its different opinion was stated in

the Protocol on the vote and the reasons for its disagreement to be attached to the

copies of the written decision stating his name.



section 56



The order of the hearing and deciding of things



(1) the Court shall hear and decide the matter in accordance with the order in which to him

ran out; This does not apply, if the things given compelling reasons for the preference

hearing and deciding things.



(2) the Court hears and decides on a priority basis proposals on the exemption from the

court fees and the proposals for the appointment of a representative.



(3) the Court hears and decides claims against idle priority

the administrative authority and actions against unlawful intervention, instruction or

the compulsion of the administrative authority, proposals and actions in matters of international

protection, a decision on administrative expulsion, a decision on the obligation

to leave the territory, a decision regarding the securing of a foreigner, the decision on the extension of the

the duration to ensure foreigners, as well as other decisions, which

a consequence of the limitation of personal freedom is a foreigner, the decision on the termination of the

special protection and assistance to witnesses and other persons in connection with the

criminal proceedings, as well as other things, established a special law.



The costs of proceedings



§ 57



(1) the costs of proceedings are in particular the cash outlays of participants and their

representatives, court fees, the loss of earnings of participants and their legal

representatives, the costs associated with the taking of evidence, the remuneration of the representative, its finished

expenditure and tlumočné.



(2) If a representative of the participant, a lawyer who is the payer of the tax, belongs to the

the costs of the proceedings also the amount that corresponds to the appropriate tax rate,

calculated from the remuneration and compensation of designated pursuant to § 35 paragraph.

2 the second sentence; the same applies in the case where the lawyer is a partner

legal persons established in accordance with the specific legislation governing

advocacy ^ 15b) and the tax payer is a legal person.



section 58



(1) a witness has the right to reimbursement of cash expenses and loss of earnings. This

the right shall lapse if not exercised within three days from the date of the hearing or

When it was announced that the witnesses for questioning. About the Court must witness

Learn the lessons. The same law also has the person that the court order the taking of evidence

the obligation.



(2) Expert and translator shall have the right to reimbursement of cash expenses and remuneration

for expert and interpreting activities. The amount of this remuneration lays down special

legal prescription.



(3) the compensation referred to in paragraphs 1 and 2 shall be decided by the President of the Senate.



section 59



The payment of the costs



(1) Each of the parties and the persons participating in the proceedings pays the costs,

incurred by him or his representatives.



(2) the State shall pay the costs spent on witness expenses, insurance, and tlumočné

other costs associated with the evidence. President of the Chamber may, however,

the participant, who has not been freed from court fees, the resolution

Save to an advance on costs has passed the evidence that suggested.



section 60



Reimbursement of the costs of the proceedings



(1) unless otherwise provided in this Act, a party who has had stuff

the success of, the right to compensation for the costs of the proceedings before the Court, that reasonably

made, against a participant, who had success in the matter. If he had any success

only the partial, the Court shall grant the right to reimbursement of the cost of the aliquot part.



(2) the provisions of paragraph 1 shall not apply if it would be the right granted

administrative authority in matters of pension insurance, sickness

insurance, assistance in material need and social welfare.



(3) None of the parties has the right to reimbursement of the costs of the proceedings, if

proceedings terminated or rejected the claim. However, if the claimant took brought on

proposal for the future behavior of the defendant, or if the proceedings were stopped

to satisfy the plaintiff, the plaintiff has against the opponents of the right to

to pay the costs.



(4) the State has against the failed participant the right to reimbursement of the costs

management, which paid, unless the participant exempt from judicial

the fees.



(5) the person interested in the proceedings has the right to compensation for those costs,

incurred in connection with the fulfilment of obligations by the Court

saved by. For reasons worthy of special attention, the Court may, on a proposal

the right to reimbursement of the additional costs.



(6) the Court may order the participant, witness, interpreter or experts,

the person who had in proving some sort of obligation to the State, or

the other participant was replaced by costs incurred by its fault.



(7) if the reasons for this worthy of special attention, the Court may, exceptionally,

decide that the reimbursement of costs to the participants or the State wholly or

in part to individuals.



(8) if the reasons for this worthy of special attention, the Court may admit

a participant, who had at least a partial success in the matter, the right to

to pay the costs, even in those cases where the law provides that the

None of the participants has to pay the costs.



(9) the claims of the State resulting from the right to the reimbursement of expenses

proceedings against the persons referred to in paragraphs 4 and 6 of the State paid

the costs, interest on arrears is charged.



(10) for the recovery of the claims referred to in paragraph 9 shall apply the procedure

established by the tax regulations.



section 61



Statement of costs



(1) the obligation to compensate for the costs of proceedings the Court rule in

a judgment or resolution by which the proceedings are terminated.



(2) determine the amount of the costs of the Chairman of the Senate in a written copy of the

a judgment or resolution.



section 62



The satisfaction of the claimant



(1) until the Court decided the defendant may issue a new decision or

measures, where appropriate, carry out another act which the appellant would satisfy,

remedies if this procedure the rights or obligations of third parties. Your

the intention of the applicant to satisfy the administrative authority shall notify the Court and requests

administrative files, if you have already submitted to the Court.



(2) the President of the Senate shall determine the period within which a decision must be issued,

measures or action to be performed and to notify the applicant and the Court is; If

This period in vain, continues in court proceedings.



(3) if notice of the respondent under paragraph 2, the Court shall invite the President of the

the Senate of the petitioner, to comment within a specified period, whether it is

the procedure of the administrative authority. By default this period cannot be

waived.



(4) the Court shall communicate the resolution to stop-if the applicant is

satisfied. Court stops even if fails to so

the applicant within the prescribed period, all the circumstances of the case is

obvious that to his satisfaction has occurred.



(5) decision, measure or action referred to in paragraph 1 shall enter into legal force

or similar legal effects on the date of the decision of the Court of

termination of the proceeding.



section 63



The performance of the decision



In the exercise of the Court's decision, which was issued under this Act,

, if it is ordered to the administrative authority, which is



and the authority of the Executive,) is required to comply with it in his State of the relevant

organizational component, ^ 16)



(b)) a natural or legal person to whom the Act was passed

the performance of State administration, is required to meet this person, it



(c) the authority of the public service Corporation) is a mandatory public service

corporations.



section 64



The use of the code of civil procedure



Unless otherwise provided in this Act, shall apply to proceedings in the administrative

the judiciary adequately the provisions of the first and the third part of the code of civil

of the order.



TITLE II



SPECIAL PROVISIONS FOR PROCEEDINGS



Part 1



Management of the action against the decision of the administrative authority



section 65



The defence evidence



(1) Who claims that he was on their rights directly or as a result of truncated

violation of their rights in the previous proceedings act administrative authority,

which they are based, amended, suspended, or his rights or binding

obligations (hereinafter "the decision"), the action to demand the cancellation of the

such a decision, if appropriate, voicing his nothingness, unless

This or the Special Act.



(2) an action against a decision of an administrative authority may lodge and participant

the proceedings before the administrative authority, that is not the action authorized pursuant to

paragraph 1, arguing that the procedure of the administrative authority was truncated to

the rights that belong to him, in such a way that it could be

results in the unlawful decision.



(3) if the administrative authority Decided on the imposition of punishment for an administrative offence, may

This has been such a penalty saved, Sue Sue also waiving

him or his reduction in the allowable limits of the law.



section 66



The special statement of the evidence to protect the public interest



(1) under the conditions specified by the laws governing the proceedings before the administrative
the authorities can bring the administrative authority to which such law

provides.



(2) the action is entitled to the Attorney General, if the

her administration finds a compelling public interest.



(3) the action is entitled to the Ombudsman, if its

the submission demonstrated a compelling public interest.



(4) the action is entitled to submit also the one to whom this permission expressly

confers a special law or international treaty, which is part of the

the rule of law.



(5) an action referred to in paragraphs 1 to 4, is inadmissible, if applicable

legal grounds have been applied in the same case in other action, the Court has already

rejected.



(6) an action referred to in paragraphs 1 to 4 is also inadmissible if the action already

in the same case filed the same legal reasons someone else.



§ 67



Action in matters of self-government



The provisions of this part shall apply mutatis mutandis in the case where special

the law confers on the ^ 17)



and the Administrative Office of the jurisdiction) may bring an action against a resolution or measures

authority of a territorial self-governing unit in a separate scope



(b) the authority of a territorial self-governing unit) permission to bring an action against the

the decision on the dissolution of the Council.



section 68



The inadmissibility of the action



The action is inadmissible also if



and if the claimant has not exhausted) the proper remedies in the proceedings before the

administrative authority, admits to a special law, unless the decision

the administrative body was changed to the detriment of his rights to appeal

another,



(b)) with respect to the decision of the administrative authority in private law matters, issued in

the limits of the statutory powers of the administrative authority, ^ 18)



(c)) is the only reason it hardened the smallness of the contested decision,

nedomáhal-if the plaintiff saying this nothingness in the proceedings before the

administrative authority,



(d))-if only against the grounds of the decision,



e) seeks to review the decision, which is from the review by

This or the Special Act shall be excluded.



§ 69



The participants in the proceedings



The defendant is the administrative authority, which decided in the last stage, or

the administrative authority to which its terms of reference.



section 70



Competative exclusion



Of judicial review are excluded acts of the administrative authority



and that the decisions are not)



(b)), preliminary nature,



(c)), which governs the management of the proceedings before the administrative authority,



(d)) whose release depends exclusively on the health assessment of individuals

or technical condition of things, if you mean legal in itself

an obstacle to the exercise of a profession, occupation or business, or other

economic activities, unless otherwise provided by special law to the contrary,



(e) the refusal or withdrawal) of the professional capacity of natural persons, if

alone do not imply a legal barrier to the performance of a profession or job

or other activities,



(f)) which review excludes the special law.



section 71



The essentials of action



(1) dismisses the action in addition to the General requirements for filing (section 37 (2) and (3)) must

contain



and the designation of the contested decision) and the day of its delivery or other

the notification to the plaintiff,



(b) the designation of persons to control) involved, if known to the applicant,



(c) the designation of the sayings of the decision) that the applicant challenges,



(d)), from which the statement of points must be perceptible, from which the factual and

for legal reasons, the applicant considers that the contested decision statements

illegal or nothing,



(e)) what evidence to prove their claim, the applicant proposes to carry out,



(f)) proposal for the judgment.



(2) to the application the applicant attaches a copy of the contested decision. The plaintiff

may at any time limit for the statement of management points. Extend the action on

nenapadené statements or decisions to extend for a further statement of points can

just within the time limit for bringing an action.



section 72



The time limit for bringing an action



(1) an action may be brought within two months after the decision, the applicants

notified of the delivery of the written copy or other legally

in a way, unless a special law of different period.



(2) an action under section 66 paragraph. 1 to 3, the legitimate claimant to the three

years from the decision, unless otherwise provided by special law, and

does not acquire title to the legal decision may, from notification of the decision to the last

a participant, who against him could bring a court action by myself. An action under section 66

paragraph. 4 can the legitimate claimant, until expired time limit for submission

all participants of the action, unless otherwise provided by special law.



(3) if the Court in civil proceedings stopped

Therefore, it was a thing which should be brought against

decision of the administrative authority, the one who's such an action in the civil

trial, the factually and locally competent court an action

in the administrative justice system within one month of the decision about the

termination of the proceeding. In this case, the lawsuit was filed on the date on

When she reached Court in civil proceedings.



(4) the deadline for the submission of the claim cannot be waived.



section 73



Suspensory effect of actions



(1) the action does not have suspensory effect, if this or the Special Act

provides otherwise.



(2) the Court on the proposal of the applicant after the representation of the defendant admits the resolution

the application should have suspensive effect, performance or other legal consequences

the decision meant for the plaintiff disproportionate injury than what

granting suspensive effect may arise to other people, and if it

will not interfere with an important public interest.



(3) Granting suspensive effect shall be suspended until the end of the proceedings before the

the effects of the contested decision, by the Court.



(4) on the proposal for granting suspensive effect, the Court shall decide without undue

delay; If there is no risk of default, shall decide within 30 days of its

the submission. Resolution on the proposal for granting suspensive effect must always be

justified.



(5) the resolution granting suspensive effect the Court may, without an application

resolution to cancel, if, in the course of the proceedings, that, for the granting of

suspensive effect, or that were the reasons for these reasons in the meantime

fell away.



§ 74



Consideration of the application, the



(1) the President of the Senate shall forward the complaint to the defendant into their own hands and

deliver it to those persons involved in the proceedings, whose circuit is from the action

the obvious. At the same time saves the defendant within one month

submit administrative writings and observations to the application; to the application or other

the proposal, on which the Court is obliged to decide within the time limits calculated on the

days, the defendant is obliged to submit to the Board the writings and observations without

undue delay. Comments received to the applicant and the persons involved shall transmit to the

on the control; While applicants may save to make the replica. The President of the

the Senate may impose other persons or authorities to submit their writings

to discuss the things necessary, where appropriate, their opinion on the

things.



(2) if the Court Determines at any time before the regulation of the negotiations that are still here

another person involved in the proceedings, it shall inform the President of the Senate of the

the ongoing proceedings.



§ 75



A review of the contested decision



(1) when reviewing the decision is based on the Court of the factual and legal

the State, which was at the time the decision of the administrative authority.



(2) the Court shall examine, within the limits of the appeal in the contested decision points statements.

If the binding basis the decision under review other Act

administrative authority, shall examine the Court to claim the opposition also its legality,

If it is not itself bound and does not allow a plaintiff to challenge the law

such a separate action in the administrative justice system.



§ 76



Decisions without hearing



(1) the Court cancels the challenged decision for defects in the proceedings without a hearing

the judgment of the



and for the nepřezkoumatelnost of) unintelligibility or

the lack of reasons for the decision,



(b)), because the facts, which he took as a basis the administrative authority

the contested decision is contrary to the writings or in them does not support

or requires extensive or major additions,



(c)) for a substantial violation of the provisions on the proceedings before the administrative authority,

could result in the illegal decision on the merits of the case.



(2) if the Court finds that the decision suffers from such defects, which

raise its smallness, by judgment of this smallness and without

the proposal. If the reasons for the futility of concern only the part of the decision, the Court

by this part of the decision against the only if the nature of things

does not imply that it cannot be separated from other parts of the decision.



(3) if there are grounds for the procedure according to the provisions of paragraphs 1 and 2 or

pursuant to section 51, the Chairman of Senate negotiations. For the reasons given in the

paragraphs 1 and 2 of the contested decision, the Court cancels, or by his

the smallness and then, if these defects found during the negotiations.



§ 77



The taking of evidence



(1) the taking of evidence done by the Court at the hearing.



(2) in the context of the taking of evidence, the Court may repeat or supplement evidence

made by the administrative authority, changes them to specific law range and method

proving otherwise. It made the court assesses the evidence individually and in

their summary with the evidence in the proceedings before the administrative authority and

in its decision on the facts and legal situation as follows

the observed.



§ 78



The judgment of the



(1) if the action is justified, the Court cancels the challenged decision for
the illegality or for defects in the proceedings. For the illegality of the Court cancels the challenged

the decision even if, if it finds that the administrative authority has exceeded the law

set out the limits of administrative discretion or exploited.



(2) if the Court Decides on an action against a decision of the administrative authority which

order the punishment for an administrative offence, the Court may, unless the reasons for the cancellation

the decision referred to in paragraph 1, but the penalty was saved in the clearly disproportionate

the amount waived or reduced within the limits of the law,

such a decision can be made on the basis of facts, from which the

came out of the administrative authority, and that, where appropriate, its own evidence in court

not essential directions said, and he suggested such a procedure if the applicant in the

the lawsuit.



(3) if the court annuls the decision, according to the circumstances, may revoke the i

decision of the administrative authority of lower instance, which preceded him.



(4) if the Court decision, by at the same time, that the case returns to the

further proceedings on the defendant.



(5) the legal opinion, which said the Court in the judgment of first instance annulling or

the judgment of vyslovujícím, is in another administrative authority

bound.



(6) if the Court set aside the decision of an administrative authority in the matter, in which alone

perform the taking of evidence shall include the administrative authority in other proceedings the evidence

among the documents for a new decision.



(7) the Court shall reject the action if it is not justified.



Part 2



Protection against the inactivity of the administrative authority



section 79



The defence evidence, and the participants in the proceedings



(1) Whoever attempts exhausted the resources that the procedural regulation

valid for the proceedings before the administrative authority provides to protect against

inactivity of the administrative authority, the action to seek a court order

administrative authority the obligation to issue a decision on the merits or

the certificate. This does not apply if a special Act connects with the inactivity of administrative

authority of the fiction that has been issued a decision on a specific content or other

legal consequence.



(2) the defendant is the administrative authority, which according to the complaint, the claim has

the obligation to issue a decision or certification.



§ 80



The deadline for the submission of the application and its requirements



(1) an action may be brought within one year from the date when in the matter, in

which the applicant seeks protection in vain was the period provided for the Special

the Act for the issuance of the decision or of the certificate, and if there is no such time limit

fixed, from the date when the applicant in respect of the administrative authority or

the administrative authority against the applicants made the last act.



(2) deadline cannot be waived.



(3) in addition to the General requirements for filing the action shall contain a



and) mark things in which the applicant seeks protection against inactivity,



(b) summary of the facts),



(c) the designation of the evidence concerned), the applicant alleges,



(d)) the draft judgment.



§ 81



The judgment of the



(1) the Court shall decide, on the basis of the facts established on the date of its

decision.



(2) if the proposal Is reasonable, the Court imposes the judgment of the administrative authority

the obligation to issue a decision or certification and provides the appropriate

period, but not longer than that specifies the special law.



(3) the Court shall reject the action if it is not justified.



Part 3



The procedure for the protection against unlawful interference, instructing or forcing

administrative authority



section 82



The defence evidence



Anyone who claims that it was truncated to its rights of illegal

intervention, instructing or forcing ("intervention") of the administrative authority,

that is not a decision and was aimed directly against him, or in his

as a result, it was against it directly affected, you may sue in court

to seek protection against it or determine that the action was illegal.



section 83



The defendant



The defendant is the administrative body which, according to the complaint, the claim made

intervention; with respect to the intervention of the armed forces, public armed corps,

an armed security corps or other like that

It is not an administrative authority or a member of such a corps, the defendant is

the administrative authority, which controls such a chorus or choir which is such

under the authority of, and in the municipal police of the municipality.



§ 84



The deadline for the submission of the application and its requirements



(1) the application must be lodged within two months from the date when the applicant

learned about the illegal intervention. Not later than may be brought within two years

from the time when it occurred.



(2) deadline cannot be waived.



(3) the action outside the General requirements for filing shall contain



and intervention against) mark which the applicant seeks protection,



(b) summary of the facts),



(c) the designation of the evidence concerned), the applicant alleges,



(d)) the draft judgment.



§ 85



The inadmissibility of the action



The action is inadmissible, if protection or redress to pursue other

legal resources; This does not apply in the case where the plaintiff seeks only

specify that the action was illegal.



§ 86



cancelled



§ 87



The judgment of the



(1) the Court shall decide, on the basis of the facts established on the date of its

the decision; If the Court decides only to determine whether the intervention was

illegal, is based on the factual and legal situation, which was at the time of

the intervention.



(2) the Court shall determine that our intervention was illegal, and if

such action or its consequences, or if there is a risk of recurrence, disables the

administrative authority, in violation of the plaintiff's rights continued, and

shall order that, if possible, to restore the State before the intervention. It was a hit

the armed forces, public armed corps, armed

the Security Corps or other like choir, saves this Court

prohibition or command to an administrative authority or a municipality, governed by a choir

or that is the subject of such a corps.



(3) the Court shall reject the action if it is not justified.



Part 4



The judicial system in matters of electoral and matters of local and regional

the referendum



section 88



Protection in cases of voter lists



(1) if the administrative authority according to the specific laws of the Standing

the list of voters, does not remove errors or shortcomings in the standing list

voters and its appendix, ^ 19) the person concerned may apply to the Court by

the seat of the administrative authority with a proposal for a decision of the

perform repairs or additions to the list, or its appendix.



(2) the parties are the applicant and the administrative authority referred to in

paragraph 1.



(3) the Court shall decide without a hearing, and this resolution within three days after the

the proposal reached the Court.



§ 89



Protection in matters of registration



(1) the Court of protection, you can sue in cases in which the administrative authority

According to the specific laws ^ 20)



and the candidate list, or rejected) rejected the application for registration,



(b)) the candidate to the ballot, striking,



(c) the registered candidate or list) the application for registration.



(2) the proposal referred to in paragraph 1 (b). and) can be a political party,

political movement or their Coalition (hereinafter referred to as "political party"),

an independent candidate, the Association of independent candidates or association

political parties or political movements and independent candidates,

If you have submitted a candidate list for the elections, or to the Senate of the Parliament of

The Czech Republic (hereinafter the "Board"), an independent candidate, or political

the party who filed the application for registration, or in the election of the President

Republic of at least twenty members or at least ten senators who

proposed candidate for President of the Republic, or a citizen who

He proposed a candidate for the post of President of the Republic, or the candidate referred to

on the list, which was rejected, seek the release of the decision of the

on the obligation of the administrative authority, the candidate or the application to

registration to register. The participants are the applicant and the administrative body.



(3) the proposal referred to in paragraph 1 (b). (b)) may be a political party,

the Association of independent candidates or political parties or associations

political movements and independent candidates, which has made the list

the instrument, or the one who was the decision of the administrative authority of this

the list deleted, seek a decision on the retention of

a candidate on the ballot. The participants are the appellant and the Board

authority.



(4) the proposal referred to in paragraph 1 (b). (c)) may be a political party,

an independent candidate, the Association of independent candidates or association

political parties or political movements and independent candidates, which

has made the list Charter, or in the case of elections to the Senate, independent candidate

or a political party that has filed the application for registration, or

the election of the President of the Republic at least twenty members or at least ten

the senators, who have proposed a candidate for the post of President of the Republic, or

citizen who suggested candidate for the post of President of the Republic, Sue

the issue of the decision on the cancellation of the registration of the list other

political parties, an independent candidate, the Association of independent candidates

or associations, political parties or political movements and independent

the candidates, at least 20 members or at least 10 senators who

proposed candidate for President of the Republic, or a citizen who

He proposed a candidate for the post of President of the Republic, or cancellation

registration application for another candidate. The participants are the projector,

the administrative authority, which carried out the registration, and the one whose registration is

This is.



(5) the Tribunal shall decide by resolution, within 15 days after the proposal came

of the Court. The negotiations do not have to order; If the dissolution of the Chamber of Deputies

the Chamber of Deputies, the Court will decide within five days.



§ 90
Annulment of the election and the vote



(1) under the conditions provided for by special laws ^ 20) may be a citizen,

a political party or an independent candidate, or the Association of independent

candidates and associations of political parties or political movements, and

proposal for independent candidates to seek a court ruling on the invalidity of the

options or the invalidity of voting or invalidity of the choice of the candidate.



(2) in proceedings for annulment of the election on the proposal or to the annulment of the vote

are the participants of the applicant, the competent electoral authority, political party,

the Association of independent candidates or political parties or associations

political movements and independent candidates on the list

the Charter was mentioned a candidate whose election was challenged, or independent

the candidate. In proceedings for annulment of the election on the proposal of the candidate are

the participants of the applicant, the competent electoral authority, and one whose choice was

attacked.



(3) the Court shall decide by resolution, within twenty days after the proposal came

of the Court. The negotiations do not have to order.



(4) if the Court decides about the invalidity of elections candidate, can at the same time

declared elected, who was duly elected.



(5) under the conditions laid down by special law ^ 25) can be a citizen,

at least twenty members or at least ten senators who suggested

candidate for President of the Republic, or a citizen who suggested

candidate for President of the Republic, to seek the Court's decision on the

the invalidity of elections. In proceedings of the invalidity of elections are participants

the applicant, the competent electoral authority, at least twenty members or

at least ten senators, on which the submitted list was mentioned

the candidate whose election was challenged, or citizen, on whose list

the Charter was mentioned a candidate whose election was contested, and one whose

the choice was attacked. The Court decides a resolution within 15 days

then, when the proposal reached the Court. The negotiations do not have to order. If the decision

the Court of the invalidity of elections of the President, shall, in the resolution,

from which the Act is the choice of President of the Republic will be repeated. If

the Court finds an error in the calculation of the electoral authority in determining the outcome of the

the vote, electoral authorities, the obligation to deposit the appropriate edit on the

the result of the elections of the President of the Republic and the declare.



§ 90a



Proceedings for infringement of the rules of the election campaign financing



(1) under the conditions laid down by law governing the election of the President

Republic may be a candidate for the post of President of the Republic to seek to

the Court ruled that, in connection with the choice of President of the Republic

violation of the rules, the funding of electoral campaigns



and by accepting funds or) else filling in the ocenitelného

the money, which is not known or the true origin,



(b) exceeding the spending limit on) campaign, or



(c) breach of the obligation to keep on) the financing of electoral campaigns, accounting

or is under a special law to publish,



and in what manner and to what extent this obligation was breached.



(2) the parties are the applicant, the competent electoral Committee and its

members and candidate on the function of President of the Republic, whose election

the campaign proposal.



(3) if the Court decides that the breach has occurred

the financing of electoral campaigns and the way in which and to what extent,

at the same time, decides that the Election Committee is in the time limit set by the Court, that

shall be not less than 60 days, payment to the State budget amount

corresponding to one and a half times the amount



and) that matches the received funds or other

implementation of patents in the money, for which is not known or the true

the origin,



(b)) by which the limit was exceeded spending on the campaign, or



(c)), which concerned the breach of the obligation to keep the the financing of electoral campaigns

accounting or is under a special law to disclose.



§ 91



Protection in cases of dissolution of the mandate



(1) under the conditions provided for by special laws ^ 21) may be the

the Municipal Council, whose mandate has lapsed, or the political party, the Association of

independent candidates or political parties, associations and independent

candidates on the ballot was a member of the Municipal Council

included, seek annulment of the resolutions of the Council or cancellation

decision of the administrative authority about the demise of the mandate of a Member

the Municipal Council decided.



(2) the Parties are the applicant and the person who submitted the proposal was also

entitled territorial self-governing unit, on the resolution of the Council

This is, where appropriate, the administrative authority which issued the decision.



(3) the Court shall decide by resolution, within twenty days after the proposal came

of the Court. The negotiations do not have to order.



§ 91a



Protection in matters of local referendum



(1) the proposal for the Court under the conditions laid down in the special can be

the law ^ 21a) Sue



and determine that the design) to hold a local referendum does not have weaknesses,



(b)) of the publication of a local referendum,



c) annulling a decision taken in a local referendum,



d) annulling the vote in a local referendum.



(2) participants in proceedings are the Preparatory Committee) and the ^ 21b village,

District or districts of the city, Chartered

the urban part of the city of Prague or the capital city of Prague and

projector.



(3) the Court shall decide by resolution within 30 days. The negotiations do not have to order.



section 91 b



In matters of protection of the regional referendum



(1) the proposal for the Court under the conditions laid down in the special can be

the law ^ 21 c) Sue



and determine that the proposal) to the venue of the regional referendum has shortcomings,



(b) publication of the regional referendum)



c) annulling the decision adopted in the regional referendum,



d) annulling the vote in a regional referendum.



(2) participants in proceedings are the Preparatory Committee ^ 21d) and the region and the

projector.



(3) the Court shall decide by resolution within 30 days. The negotiations do not have to order.



section 92



Non-design



The application is inadmissible also if it has been filed in the case factually or locally

nepříslušného Court.



§ 93



Special provisions for proceedings



(1) the provisions of this law on the compulsory representation is, of course; It

do not apply on behalf of the legal representative.



(2) design, which commenced or acts governing the management or

its subject, can only be made in writing or orally to the

Protocol for factually and locally competent court.



(3) the deadline for the submission of the proposal cannot be waived.



(4) To pay the costs of the participants have no right to.



(5) the resolution of the Court shall deliver to the participants and displays it on the notice board of the Court.

The resolution shall become final on the day fly.



Part 5



Special proceedings in the matters of political parties and political movements



§ 94



A proposal from the



(1) the proposal for the Court under the conditions established by a special law

Sue



and determine that the proposal) on the registration, if appropriate, a proposal for the registration of changes

the articles of Association does not have flaws ^ 22)



(b)) the dissolution of a political party or political movement, suspension or

the restoration of their activities. ^ 23)



(2) the proposal referred to in paragraph 1 (b). (b)), with the exception of the proposal on the restoration of the

the activity is illegal, has been filed in time, for which a special law

provides that it is not the activity of the political party or political movement

to suspend or dissolve. However, if the proposal was filed before the Court

the management at this time.



(3) the participants are those on which the particular law.



section 95



The jurisdiction of the



To the management of the design according to the provisions of section 94, paragraph. 1 (a). (b)) is the competent

The Supreme Administrative Court.



section 96



The judgment of the



On the proposal under the provisions of section 94, paragraph. 1 (a). (b) the Court shall act pursuant to)

the facts that there is at the time of the Court's decision.



Episode 6



Management of the competence actions



§ 97



The demarcation dispute



(1) the Court shall be decided by a positive or negative demarcation dispute, which the parties

are



and administrative office and authority) territorial, interest or professional self-government, or



(b) the territorial authorities, interest) or professional self-government of each other, or



(c)), the central administrative offices to each other.



(2) a positive and settlement of dispute is a dispute in which the administrative authorities

assume the power to issue a decision about the same right or obligation of the same

party to the proceedings before the administrative authority.



(3) the Negative and settlement of dispute is a dispute in which the administrative authorities of the

they deny their competence to issue a decision about the same right or obligation

the same party to the proceedings before the administrative authority.



(4) the proceedings of the Supreme Administrative Court.



§ 98



The defence evidence, and the participants in the proceedings



(1) the action is entitled to



and) the administrative authority which in the positive claims and settlement of dispute

the power to issue a decision on the matter and denied the jurisdiction of the administrative authority,

that in the matter of procedures or decided



(b)), the administrative authority which issues and settlement of the dispute denies its

the power of things lead management and decide, and argues that this power

It belongs to another administrative authority that its power denied



(c)) that the rights or obligations or should be

decided upon in the proceedings before the administrative authority.



(2) the defendant is the administrative authority, that is the other side of the competency

the dispute; If it is brought by a person referred to in paragraph 1 (b). (c)),

the administrative authorities by the defendants, among which is the jurisdiction at issue.
(3) where the Court considered that the proceedings and the release of the decision may be in

the powers of another administrative authority than that which is indicated by an action for

the participant's competence in the dispute resolution procedure as it gains weight to the

the next defendant.



(4) If a party to the dispute, competence is the Administrative Office for him

the central authority of State administration competent according to the section of the State administration;

If not, or if it is questionable also, this his jurisdiction, it is in the

the Management Board of the authority itself.



(5) every person who was a party to the proceedings in which the demarcation dispute arose,

has the position of persons involved in the proceedings, did not file a court action by myself.



§ 99



Non-



The action is inadmissible,



and) unless it is a competency dispute, or



(b)) to decide on and settlement of the dispute to another authority pursuant to

a special Act, or



(c)) where the claimant competency dispute delete, even as a

the preliminary question, in any other proceedings under this Act, or the Special

with the exception of the constitutional complaint.



§ 100



The decision of the



(1) the Court is based on the factual and legal status, which is here in time

his decision.



(2) if the Court Rejects the action won't stop if the proceedings or unless the

transfer the case, the judgment shall determine which of the administrative authorities have the power

issue a decision in the case referred to in the application. At the same time by the smallness of

all decisions of administrative authorities or their individual statements,

If you are in breach of by specifying the powers of the Court; the provisions of section 76, paragraph.

2 shall apply mutatis mutandis.



§ 101



Reimbursement of the costs of the proceedings



None of the parties has the right to reimbursement of the costs of the proceedings.



Episode 7



The procedure for the cancellation of the measures of a general nature or part of the



Section 101a



(1) a proposal for the repeal of the measures of a general nature or its affiliates shall be entitled to

bring the one who claims that he was on their rights to those of a general nature,

issued by an administrative authority, truncated. If according to the law at the same time

be entitled to in respect of the measures of a general nature that was used, in

the administrative judiciary, lawsuit or another proposal, may propose the abolition of

measures of a general nature only along with such a proposal.



(2) a proposal for the repeal of the measures of a general nature or its parts, issued by the

the region, also may be made by the municipality.



(3) the respondent is the one who issued the measures of a general nature, whose cancellation

or cancellation of its parts is proposed.



section 101b



(1) the proposal can be made within 3 years from the date on which the design of the contested measure

the general nature of the effect. Deadline for submission of the proposal cannot be

waived.



(2) the proposal in addition to the General requirements for filing (section 37 (2) and (3)) must

contain the design points, from which it must be perceptible, from which the factual and

for legal reasons, the applicant shall be considered as measures of a general nature or its

part of the illegal. If the proposal contains the following elements cannot be already in

Another proposal to expand on nenapadené part of the measures

of a general nature or to expand to other design points. Projector

may at any time limit for the management of the design points.



(3) when reviewing the measures of a general nature based on the Court of the factual and

the rule of the State, which was at the time of the measures of a general nature.



(4) the provisions of § 34, with the exception of paragraph 1. 2 the first sentence and paragraph. 4, and section 76 shall

shall apply mutatis mutandis.



section 101 c



cancelled



section 101 d



Judgment and its effects



(1) when making a decision, the Court is bound by the scope and the reasons for the proposal.



(2) if the Court concludes that the measures of a general nature or part of the

are in conflict with the law, or that the person who issued it, exceeded the limits

its scope and powers, or that the measures of a general nature was not

published by the law laid down by way of measures of a general nature or its

part cancels a date determined in the judgment. If the proposal is not reasonable, the Court

It will be rejected. The Court on the application for annulment of the measures of a general nature or its

parts shall decide within 90 days after the proposal went to the Court.



(3) If, on the basis of the measures of a general nature, which was cancelled, or

If, on the basis of the measures of a general nature, which has been repealed,

decision on administrative tort and this decision has the legal power, but

has not yet been done, is the abolition of such measures of a general nature or

part of the reason for retrial under the provisions of the relevant

of the procedural regulation.



(4) the rights and obligations of the legal relations arising from the abolition of

measures of a general nature or parts of it remain untouched.



Episode 8



The procedure for the cancellation of the staff regulation



section 101e



(1) a proposal for the abolition of the staff regulation is entitled to the Deputy

Minister of the Interior for public service, within 30 days from the date of expiry of the vain

the deadline for redress under the law on the civil service.



(2) a proposal for the abolition of the staff regulation must, in addition to the General

requirements for filing (section 37, paragraph 2, and 3) contain points from which

must be perceptible, from which the factual and legal grounds, shall be deemed to

projector or part of the staff regulation for illegal. If it contains

the proposal for the following elements cannot be already in the next procedure proposal on extend

not yet nenapadené of the staff regulations or to extend it for a further

design points. The applicant may at any time limit for the management of the design points.



(3) the provisions of § 34, with the exception of the first sentence of paragraph 2 and in paragraph 4, and section

76 shall apply mutatis mutandis.



(4) the procedure for the application for revocation of the staff regulation, the competent

The municipal court in Prague.



section 101f



Judgment and its effects



(1) when making a decision, the Court is bound by the scope and the reasons for the proposal.



(2) if the Court concludes that the business or part of a regulation is in

violation of the law, or that the person who issued it, exceeded the limits of its

scope and jurisdiction, or that the business has not been issued legally prescription

laid down by the way the staff regulation or part cancel on the day

in the judgment. If the proposal is not reasonable, the Court shall reject it.



(3) If, on the basis of the staff regulation, that has been cancelled, or

It was based on the part of the staff regulation, which has been repealed,

decided on the disciplinary measures, and this decision has the legal power, but

has not yet been done, is the abolition of such service or

part of the reason for retrial under the provisions of the relevant

of the procedural regulation.



(4) the rights and obligations of the legal relations arising from the abolition of

service provision or part shall remain unaffected.



TITLE III



REMEDIES



Part 1



Appeal in cassation



§ 102



The admissibility of the



A complaint of Cassation is the remedy against the final decision

the regional court in the administrative judiciary, which is party to the proceedings, of the

that this decision came out, or the person interested in the proceedings (hereinafter referred to as

"the complainant") seeks the annulment of a court decision. A complaint of Cassation is

admissible against each such decision, unless stated

otherwise.



section 103



Reasons for complaint



(1) an appeal in cassation may be lodged only by reason of the alleged



and the illegality of) incorrect assessment of the legal issues the Court

in the previous proceedings,



(b) management of defects) that merits from which administrative

authority in the contested decision, does not have a foothold in the writings of, or with the

them in conflict, or that the survey was a breach of the law in

the provisions relating to proceedings before the administrative authority in such a way that it

could affect the legality of, and for this reason the Court vytýkanou defect

in the case, the contested decision of the administrative authority should be abolished; for

such a defect management and decision nepřezkoumatelnost

the administrative body for the incomprehension,



(c)) the invalidity proceedings before the Court of that missing

management conditions, in the case of the question of the judge or the Court

improperly cast, where appropriate, the decision was made at the expense of the participant in the

as a result of the offence, the judge



(d)) nepřezkoumatelnosti of obscurity or lack of

the reasons for the decision, or other defect in the proceedings before the Court, the

have such defect resulting in the unlawful decision on the merits of the case,



(e) the illegality of the decision of refusal) of the proposal or of the termination of the proceeding.



(2) the provisions of paragraph 1 shall also apply mutatis mutandis to the reasons for the appeal

the complaint directed against the decision of the regional court of law enforcement

liable to a fine.



section 104



Non-



(1) an appeal in cassation in electoral matters is inadmissible; This does not apply,

in the case of proceedings relating to violations of the rules of the election financing

the campaign.



(2) an appeal in cassation, which is directed only against costs

or against the reasons the Court decision is inadmissible.



(3) an appeal in cassation is also inadmissible against decisions



and in which the Court ruled again) then, when the original decision was

the Supreme Administrative Court repealed; This does not apply if the reason of Cassation

the complaint argued that the Court did not drive a binding legal opinion

The Supreme Administrative Court,



(b)) which only governs the control, management or



(c)) that by their nature temporary.



(4) an appeal in cassation is not permissible, based if about other reasons than

which are listed in section 103, or on the grounds that the complainant has not exercised

in the proceedings before the Court, whose decision is to be reviewed, although so

He could do so.



Section 104a
Unacceptable



(1) If an appeal in cassation in matters relating to international protection of their

the importance of substantially exceed their own interests the complainant refuses it

The Supreme Administrative Court for unacceptable.



(2) to the adoption of a resolution under paragraph 1 shall require the consent of all the members of the

the Senate.



(3) the resolution referred to in paragraph 1 may not be justified.



§ 105



The participants in the proceedings on the complaint and their representation



(1) participants in the proceedings about the cassation complaint is the complainant and all who

they were participants in the original proceedings.



(2) the complainant must be represented by a lawyer; This does not apply if the

the complainant, his employee or member, that it is or it

represents, University education, which is provided for in the specific

the laws required for the exercise of advocacy.



Section 106



Requirements, the place and the period of administration



(1) in addition to the General requirements for filing a complaint of Cassation must contain

reference to the decision against which it is directed, to what extent and on what

the reasons for it, the complainant challenges the indication about when his decision was

delivered. The provisions of section 37 shall apply mutatis mutandis.



(2) an appeal in cassation shall be filed within two weeks after service of the

decision, and if it has been released correcting resolution, this time limit runs from the

the delivery of this resolution. The person who claims that her court incorrectly

said, that is not a person interested in the proceeding, and the person's rights

persons involved in the proceedings applied only after the release of the contested

the decision, a time limit for the submission of the complaint from the date of delivery of the

the decision of the last of the parties. Deadline for submission of the appeal

complaints cannot be waived.



(3) If an appeal in cassation does not have all the elements already in its submission,

These formalities must be supplemented within the time limit of one month from delivery

the resolution, which the complainant was asked to complete the submission. Only in this

the time limit may extend the appeal in cassation on the complainant's statements so far

nenapadené and extend its reasons. This period, the Court may on a timely

the request of the complainant from serious reasons, extend, no more

the moon.



(4) an appeal in cassation shall be lodged with the Supreme Administrative Court; the time limit is

maintained if the appeal in cassation is filed with the Court that the contested

issuing the decision.



(5) If an appeal in cassation is filed with the Court, that the contested decision

issued, it shall transmit to the Court without undue delay, the Supreme Administrative

the Court is the Court, and with the administrative file.



§ 107



Suspensory effect



(1) an appeal in cassation does not have suspensory effect. The Supreme Administrative Court

may, however, on the proposal of the complainant. The provisions of section 73, paragraph. 2 to 5

be used appropriately.



(2) an appeal in cassation against the judgment in the proceedings

violation of the rules of the financing of the election campaign shall have suspensive effect.



section 108



cancelled



section 109



Proceedings before the Supreme Administrative Court



(1) If an appeal in cassation Has defects, but not apparently delayed or brought

by who for its submission is clearly not entitled to, will ensure the Supreme Administrative

the Court their disposal. If there are reasons for this, the highest

an administrative court shall forward the appeal in cassation and the other parties to the proceedings

persons involved in the proceedings, afford them the opportunity to

the content and the writings of the administrative authority and the regional court, which

the contested decision issued, where appropriate, shall affix the additional documents required for

decision.



(2) a complaint shall be decided by the Supreme Administrative Court as a rule without

the negotiations. If it considers it appropriate, or where the taking of evidence, orders to

discuss the cassation complaint of the negotiations.



(3) the Supreme Administrative Court is bound by the scope of the cassation complaint; It

does not apply, if the contested statement dependent opinion which was not attacked,

or, if the decision of the administrative authority.



(4) the Supreme Administrative Court is bound by the reasons for the complaint; It

does not apply, if the proceedings before the Court remains [of section 103, paragraph 1 (b), (c))]

or was loaded with a defect that could result in illegal

the decision on the merits of the case, or if the contested decision

nepřezkoumatelné [section 103, paragraph 1 (b), (d))], as well as in cases, when it is

decision of the administrative authority.



(5) to which the complainant applied, when it was released

the contested decision, the Supreme Administrative Court.



section 110



The judgment of the



(1) if the Supreme Administrative Court of the appeal in cassation is

justified, a judgment which annuls the decision of the regional court and the matter returned to him

further proceedings, if stuff itself decided in the manner referred to in paragraph 2;

If in proceedings before the regional court were the reasons for stopping

proceedings, refusal or referral of the matter, decide about it at the same time

with the cancellation of the decision of the District Court, the Supreme Administrative Court. If it is not

appeal in cassation, the Supreme Administrative Court judgment it will be rejected.



(2) if the Supreme Administrative Court decision of the regional court, and if the

already in the proceedings before the regional court were the reasons for such a procedure,

at the same time canceling the decision of the regional court may itself according to the nature of the

things to decide



and) repealing decision of the administrative authority or the pronouncement of his

nothingness; the provisions of sections 75, 76 and 78 shall apply mutatis mutandis,



(b)) on the abolition of the measures of a general nature or parts thereof; the provisions of section 101b

and 101 d shall apply mutatis mutandis, or



(c)) on the protection of matters of a local referendum in the manner referred to in section 91a

paragraph. 1, or for the protection of matters of regional referendums in the manner referred to

in section 91, paragraph. 1.



(3) if the Supreme Administrative Court decision of the regional court and the

Returns-the case for further proceedings, the regional court will decide in the new

decision on the costs of the complaint. Decided to

The Supreme Administrative Court at the same time to reject the proposal, the termination of the proceeding, the

the referral of the case or in the manner referred to in paragraph 2, and shall decide on the costs

proceedings that preceded the cancelled the decision of the regional court.



(4) if the Supreme Administrative Court decision of the regional court and the

Returns-the case for further proceedings, the regional court is bound by the legal opinion

expressed by the Highest administrative court in the cancellation decision.



Part 2



Recovery management



section 111



The reasons for the recovery



Proceedings terminated by a final judgment on the proposal of the Subscriber restores,

If evidence came to light, or the fact that without the guilt

were not or could not be applied in the main proceedings, where appropriate, be

otherwise determined for a preliminary ruling, if the result of the renewed

proceedings may be more favourable for him.



section 112



The participants in the proceedings



A participant in the proceedings is the one who filed for rehabilitation proceedings, and those

who were the parties to the proceedings before the Court, against whose decision the proposal on

the recovery of the control points.



§ 113



The jurisdiction of the



To the management of the Court that issued the decision, against which the proposal

on the recovery of the control points.



section 114



The admissibility of the proposal



(1) renewal of proceedings shall be admissible only against a judgment rendered in the proceedings



and on protection against interference) of the administrative authority,



(b)) in matters of political parties and political movements.



(2) the restoration procedure is not admissible against the decision on the complaint.



(3) reinstatement is not permissible, if the proposal is directed only against

reasons for decision or against the statement of costs.



section 115



The deadline for submission of the proposal



(1) a proposal for the renewal of proceedings may be lodged within three months from the date when the

the one who proposes a retrial, he learned of the reason for the recovery.



(2) after three years from the legal power of the contested decision, however, may be

the proposal filed only if the criminal judgment was canceled, which was

When making its decision, the Court is bound.



(3) the deadline cannot be waived.



section 116



The elements of the proposal



The proposal must contain a reference to the decision against which it is directed, in which

the extent of the challenges, the legal reason for the proposal, the facts

indicates that the application is filed within the time limit, and the proposal on the taking of evidence,

which has proven to be justification for a proposal.



section 117



Suspensory effect design



(1) the proposal has brought on a suspensory effect; However, the Court may, on a proposal from the

admit it. The provisions of section 73, paragraph. 2 to 5 shall apply mutatis mutandis.



(2) the legal force of the decision on the authorisation of recovery is the enforceability of recovery

of the decision be suspended until the decision in the restored

the proceedings.



§ 118



The procedure for authorisation of recovery



(1) the Court is bound by the reasons put forward the proposal. This does not apply if the

the contested statement is addicted, which was not attacked.



(2) if the Court finds grounds for reopening proceedings, by order of her

enables; otherwise, the draft resolution will be rejected.



section 119



The management of the renewed



(1) if the renewal of management been allowed, the Court continues proceedings

about the original proposal. To the proper findings of fact, which was here in

the time of its original decision, the proposed new evidence and decide

about the original proposal.



(2) the new decision replaces the decision of the original. In the opinion of the

the cost management of the Court at the same time also costs about

the authorisation of recovery management.



Part 3



Common provisions



§ 120
If it is not in the provisions of parts 1 and 2, unless otherwise specified, shall be

the provisions of part three title I.



PART THE FOURTH



Special provisions relating to the status of judges in the administrative judiciary



§ 121



The allocation of the judges



(1) for the performance of the functions of the regional court in which to act and make decisions

in matters of administrative justice, the judge may, in accordance with its previous

approval of the grant, if he has pursued in the field of constitutional, administrative, or

financial law for at least five years of legal experience, or scientific,

where appropriate, pedagogical activity or if it is warranted by the results of his

Preparatory service and of the judicial examination.



(2) for the performance of the functions of the Supreme Administrative Court after the previous

the consent of the President of the Supreme Administrative Court judge in accordance with its

prior approval of the grant, if he has pursued in the field of constitutional,

administrative or financial law for at least ten years of legal practice

or scientific or pedagogical activities.



Translate judges



§ 122



To the Supreme Administrative Court can be with their consent or on its

the request of the judge, who has translated a legal practice for at least ten

years and that their expertise and experience gives guarantees

the performance of this function.



section 123



If there is a law to change in the Organization of the courts operating in the administrative

the judiciary or to change the circuit courts and cannot be a proper exercise of the judiciary

otherwise, you can ensure that the assigned judge or translated for the performance of functions

the regional court without his consent or request, translate to another

the District Court or the Supreme Administrative Court, are met.

the conditions pursuant to section 122. Similarly, the judge allotted or translated to

the performance of the functions of the Supreme Administrative Court translate on the Court.



section 124



For the performance of the functions of the Supreme Administrative Court judge can be resolved only with the

the consent of the President of the Court.



PART THE FIFTH



TRANSITIONAL PROVISIONS AND THE ENABLING



section 125



Transitional provisions for the Professional judicial exam



After a period of five years from the effectiveness of this Bill can pass the training

judicial exam one who meets the prerequisites for the function of the judge, with the

the exception of a professional judicial examination, and performed in the scope of the constitutional,

administrative or financial law for at least six years of legal practice

or scientific or pedagogical activities; the Ministry will allow him to

perform professional judicial exam within 6 months from submission of the application for

the composition of the test.



§ 126



Transitional provisions relating to the allocation and transfer of judges



(1) Judges assigned or seconded to the exercise of the functions of the Chief Justice,

who on the date of effectiveness of this law in accordance with the schedule of work, decide things

administrative justice, the effective date of this Act, become the judges of the

translated to the performance of the duties of the Supreme Administrative Court, unless the

agrees.



(2) Judges assigned or seconded to the performance of the duties to the regional courts,

who on the date of effectiveness of this law in accordance with the schedule of work, decide things

administrative justice, the effective date of this Act, become the judges of the

specialized boards of the regional courts to handle administrative affairs

the judiciary.



(3) for a period of five years from the effective date of this Act, may be to the performance

function to the Supreme Administrative Court judge that his

knowledge, experience and past performance of judicial function gives

guarantee the proper performance of this function; the provisions of section 122 is raised.



(4) for a period of five years from the effective date of this Act, may be to the performance

function to the regional court in administrative justice translated judge

the District Court, that his knowledge, experience and track record

the performance of judicial functions gives the guarantee of the proper exercise of this function;

the provisions of the special law on the length of the exercise of judicial functions for the

judge of the District Court. "^ 24)



Transitional provisions for the Judicial Council



§ 127



Until the establishment of the Judicial Council, the provisions of section 25 shall not apply.



§ 128



The first Assembly of the judges of the Supreme Administrative Court to choose a judge

the Council shall be convened by the President of the Supreme Administrative Court within one month from the date of

date of entry into force of this Act.



§ 129



Transitional provisions to legal remedies against a decision of the administrative

authority



(1) in matters of administrative justice, in which the Special Act confers on the

a court deciding on appeals against decisions by the administrative

authorities in accordance with the third part of the fifth head of the judicial code, as amended by

effective as of December 31. December 2002, the date of the entry into force of this Act

within thirty days of the notification of the decision, unless the

the special law deadline otherwise, an action under part III, title of the second part

the first of this law, are subject to the conditions laid down therein.

Unless otherwise provided by special law to the contrary, the action has a suspensory effect.



(2) the Procedure on appeals lodged before the date of effectiveness of the

This law, which the Court has not decided the date of the entry into force of this

the law, in a proceeding under the provisions of part three of the other

the first part of this law; If the proceedings in the matters of which it has

Act and decide the Court in civil proceedings, the Court shall proceed

under section 68 (a). (b)). the effects of procedural acts in these proceedings

made are preserved and shall be in accordance with the provisions of the

of this law. The provisions of § 46 paragraph. 2 to 4 shall be applied mutatis mutandis.



(3) If, before the date of application of this law to be lodged against the decision of the

the Court of appeal the appeal against the decision of the administrative authority

in cases in which the law was not admitted, and decided on it to

date of entry into force of this Act, the procedure for the appeal date

the entry into force of this law. Party to this proceeding may until 31 December 2006.

January 2003 to appeal against the decision of the Court of appeal in cassation

a complaint under this Act.



(4) If, before the date of entry into force of this Act against a decision of

the High Court of appeal against the decision of the regional court of appeal

resource submitted an appeal, and it was decided the date of the acquisition

the effectiveness of this law, the management of the Supreme Administrative Court proceedings

According to the provisions of part three of the third part of the first of this law.

Effects of procedural acts taken in such proceedings are preserved

and shall be in accordance with the provisions of this Act.



section 130



Transitional provisions to the other neskončeným things



(1) proceedings under section of the fifth head of the second code of civil procedure

effective prior to the date of entry into force of this Act, in which it was not

decided by the date of entry into force of this law shall be completed in accordance with

the provisions of part III, title of the second part of the first of this law; in the case of

proceedings in the matters of which he has to act and decide in civil court

the court proceedings, the Court shall proceed in accordance with section 68 (a). (b)). the effects of procedural

actions taken in such proceedings shall remain in force and shall be considered

mutatis mutandis in accordance with the provisions of this Act. The provisions of § 46 paragraph. 2 to 4

are used similarly.



(2) Proceedings in matters of electoral justice and matters of political parties

and the political movement launched by the code of civil procedure and the

the unfinished until the date of entry into force of this Act shall discuss and complete

the competent court in accordance with the existing legislation.



§ 131



The transitional provision of the complain of Cassation



Appeal in cassation may be lodged against decisions of regional courts issued after

the effective date of this Act.



§ 132



Transitional provisions relating to the substantive jurisdiction of the courts



Things in the administrative justice, which was not decided until the date of effectiveness of the

of this Act and which was given the jurisdiction to control the district

the courts, takes over and completes the factually competent court pursuant to this

the law. Unless otherwise provided in this Act, administrative justice, in

which was not decided until the effective date of this Act and which was

given the jurisdiction to control the Supreme Court or the Supreme Court,

takes over and completes the Supreme Administrative Court.



section 133



Transitional provisions for the representation of



The reward for representation by a lawyer or a notary public in the proceedings that were

launched before the effective date of this Act, shall be determined in accordance with

the existing legislation.



§ 134



The enabling provisions



The Ministry of law modifies the details for handling of goods

the administrative judiciary, regional courts, the Organization of the work and tasks of their

employees in the performance of administrative justice.



PART SIX



The EFFECTIVENESS of the



§ 135



This law shall enter into force on 1 January 2005. January 1, 2003.



Klaus r.



Havel in r.



in the from the. r. Rychetský in



Selected provisions of the novel



Article. In Act No. 555/2004 Sb.



PART THE FIFTH



Transitional provisions



1. Unless otherwise provided, applies the adjustment service of documents

This Act also made for proceedings initiated before the date of entry into

the effectiveness of this law; the legal effects of the acts that have occurred in the proceedings

before the date of entry into force of this Act, shall remain in force.



2. the delivery of the document, which was delivered at the hearing or

another act of the Court or committed to deliver before the date of entry into force of
This law, in accordance with the existing legislation.



3. for claims arising before the date of entry into force of this Act

the State of the title of outstanding cost of the judicial proceedings, and

the court proceedings of the administrative State in proceedings paid, interest

the delay shall not be recovered.



Article IV of law no 350/2005 Sb.



The transitional provisions of the



In the matter of a complaint filed against the decision of the regional asylum

the Court issued the day of the entry into force of this Act shall decide the highest

the administrative court according to the existing legislation.



Article. IV of Act No. 314/2008 Sb.



The transitional provisions of the



The President and Vice-President of the Supreme Administrative Court shall

period of 10 years from the effective date of this Act.



Article. (II) Act No. 303/2011 Sb.



Transitional provisions



1. Unless otherwise provided, the provisions of Act No. 150/2002 Coll., in

the texts of the effective date of the entry into force of this Act, and for the management of

initiated before the date of entry into force of this Act; the legal effects of

the operations, which have been made in the proceedings before the date of entry into force of this

of the Act, shall remain in force.



2. For the determination of the local jurisdiction in the proceedings that were initiated prior to the

date of entry into force of this law, shall apply the existing legal

provisions.



3. If the Supreme Administrative Court decision of the regional court, which

It was released by the regional court in proceedings initiated before the date of entry into

the effectiveness of this law, after the date of entry into force of this Act, and

Returns to the District Court for further proceedings, completes this regional management

the Court that issued the decision.



4. In proceedings initiated before the date of entry into force of this Act

procedural competence shall be assessed pursuant to Act No. 150/2002 Coll., as amended by

effective from the date of entry into force of this Act.



5. Review of administrative decisions in cases of expulsion, a decision on the

the obligation to leave the territory, a decision regarding the securing of a foreigner, the decision on the

the extension of the duration to ensure foreigners, as well as other decisions,

the effect of which is the limitation of personal freedom of the alien, submitted before the

date of entry into force of this law, shall decide in a specialized Chamber

composition according to the existing legislation. This also applies in the case of

annulment of the decision of the regional court on the basis of the complaint.



6. proposals for actions or proceedings lodged before the date

the entry into force of this law shall be to prepare negotiations under section 49

paragraph. 1 Act No. 150/2002 Coll., as amended, effective the day of acquisition

the effectiveness of this Act.



7. the procedure for the proposal on the annulment of the elections, or for annulment of the vote

completes the existing legislation.



8. Against the measures of a general nature, that came into force before the date of

the entry into force of this law, can submit a proposal to its cancellation or

part of the cancellation no later than 3 years from the date on which the design of the contested

measures of a general nature came into force. Deadline for the submission of

the proposal cannot be waived.



9. the procedure for the cancellation of the measures of a general nature or its part launched

before the date of entry into force of this Act, in which it was decided to

date of entry into force of this law shall be completed in accordance with existing

the legislation.



10. The cassation complaint in matters of international protection, which were submitted

before the date of entry into force of this law, shall discuss and decide on the

the Senate of the Supreme Administrative Court in accordance with the existing laws, the composite

regulations.



11. the appeal in cassation may be lodged only against the decision of the regional

the courts in matters of local and regional referendums, which was issued in

the procedures instituted after the date of entry into force of this Act.



Article. XXV of Act No. 396/2012 Sb.



Transitional provisions



1. Things administrative justice in matters of employment, protection

workers at the employer's insolvency, benefits

social assistance, benefits for persons with disabilities, the card

persons with disabilities, the contribution to care and benefits assistance

in material need, which was given jurisdiction of the municipal court in

Prague and which was not decided until the effective date of this Act,

take and complete regional courts competent pursuant to § 7 (2). 3

Act No. 150/2002 Coll., as amended by this Act; This does not apply, if the

The city court in Prague, the locally competent court and in accordance with section 7 (2). 3

Act No. 150/2002 Coll., as amended by this Act.



2. In cases when the Supreme Administrative Court annulled the decision of the city

a court in Prague, which was issued before the date of entry into force of this

the law, after the date of entry into force of this Act, and the thing he came back to the next

control, this control completes the city court in Prague, which issued the cancelled

decision.



Article. VIII of Act No. 87/2015 Sb.



Transitional provisions



1. For the determination of the local jurisdiction in proceedings in matters of benefits foster

care, which began before the date of entry into force of this law, the

apply Act No. 150/2002 Coll., as amended effective prior to the date

the effectiveness of this Act.



2. In cases when the Supreme Administrative Court annulled the decision of the city

Court of benefits in cases of foster care, which was released prior to the

date of entry into force of this Act, after the date of entry into force of this

the Act and the case returned to the further procedure, this procedure completes City

the Court in Prague.



for example, 1) Act No. 6/2002 Coll., on courts, judges, assessors and

the State administration of courts and amending some other acts (law on courts

and the Judges Act), as amended by Act No. 151/2002 Coll., Act No. 7/2002 Coll., on

proceedings in cases of judges and prosecutors, as amended by Act No.

151/2002 Sb.



1A) of section 27. 4 of the labour code.



1A), for example, Government Regulation No 622/2004 Coll., on the granting of a supplement to the

retired to alleviate some of the grievances caused by the Communist regime in the

social, Act No. 357/2005 Coll., on the award of the participants of the national

the struggle for the formation of and the liberation of Czechoslovakia and some survivors

them, on the special contribution to the income of certain persons, disposable

the amount of money some of the participants in the national struggle for liberation in the

from 1939 to 1945 and on amendment to certain laws.



1B) for example, Act No. 218/2000 Coll., on the budgetary rules and the

changes to some related acts (budgetary rules), as amended by

amended, and Act No. 219/2000 Coll., on the Czech Republic

and its performance in legal relations, as amended.



2) Act No. 106/1999 Coll., on free access to information in the text of the

amended.



4) section 7 of the Act No. 219/2000 Coll., on the Czech Republic and its

in legal relations.



for example, 5) Law No. 238/1991 Coll., on patent representatives, as amended by

amended, Act No. 523/1992 Coll., on income tax advice and

The Chamber of tax advisers of the Czech Republic, Act No. 358/1992 Coll., on the

notaries public and their activities (notarial regulations), as amended

regulations.



6) Act No. 83/1990 Coll. on Association of citizens, as amended

regulations.



6a) Act No. 235/2004 Coll., on value added tax.



6B), for example, section 11 (2). 1 and section 15 of Act No. 85/1996 Coll., on advocacy,

in the wording of later regulations.



7) Article. paragraph 37. 4 of the Charter of fundamental rights and freedoms.



8) Act No 227/2000 Coll., on electronic signature and amending certain

other laws (the law on electronic signature).



8A) Law No. 300/2008 Coll., on electronic acts and authorized

conversion of documents.



9) § 1 (1). 4 of Act No. 337/1992 Coll., on administration of taxes and fees, in the

as amended.



10) Act No. 148/1998 Coll., on the protection of classified information and on the change

certain acts, as amended.



section 15, paragraph 11). 3 of Act No. 148/1998 Coll.



12) part of the third and the fifth part of the code of civil procedure.



13) section 104b (1) of the judicial code.



14) Act No. 131/2002 Coll., on the decisions of some conflicts.



15) for example, Act No. 549/1991 Coll. on court fees, as amended by

amended.



15A) Article. paragraph 35. 1 of the Treaty on European Union.



Article. 234 of the Treaty establishing the European Community.



Article. 150 of the Treaty establishing the European Atomic

energy.



15B) section 11 (1). 1 and section 15 of Act No. 85/1996 Coll., as amended

regulations.



16) section 3 of the Act No. 219/2000 Sb.



17) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by

amended.



Act No. 129/2000 Coll., on the regions (regional establishment), as amended

regulations.



Law No. 131/2000 Coll., on the capital city of Prague, as subsequently amended

regulations.



18) part of the fifth code of civil procedure.



19) section 28 of Act No. 491/2001 Coll. on elections to the Councils of the municipalities and the

change some of the laws.



20) Act No. 247/1995 Coll., on elections to the Parliament of the Czech Republic and the

changing and supplementing certain other acts, as amended

regulations.



Act No. 130/2000 Coll., on elections to the regional councils and amending

certain acts, as amended.



Act No. 491/2001 Coll.



21) Law No. 130/2000 Coll., as amended.
Act No. 491/2001 Coll.



21a) section 54 and 58 of Act No. 22/2004 Coll., on local referendum and amending

Some laws.



21B) section 9 of Act No. 22/2004 Sb.



21 c) § 56 and 57 of the Act No 118/2010 Coll., of the regional referendum and amending

Some laws.



21d) section 9 of Act No. 118/2010 Coll., of the regional referendum and amending

Some laws.



22) section 7 and 11 of Act No. 424/1991 Coll. on Association in political

the sides and political movements, as amended.



23) sections 14 and 15 of Act No. 424/1991 Coll., as amended.



section 71, paragraph 24). 3 of the law on courts and judges.



25) Law No 275/2012 Coll., concerning the election of the President of the Republic and amending

Some laws (the law on the election of the President of the Republic).