The Decision Of Some Of The Conflicts

Original Language Title: o rozhodování některých kompetenčních sporů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53311&nr=131~2F2002~20Sb.&ft=txt

131/2002 Sb.



LAW



of 15 November 2004. March 2002



the decision of some of the conflicts



Parliament has passed the following Act of the United States:



§ 1



(1) pursuant to this Act shall be applied in the positive or negative

conflicts of competence or jurisdiction (hereinafter referred to as

"the power") to issue a decision, the parties are



and) courts and authorities, local Executive, leisure or professional

local government,



(b)) in the civil courts and the courts in the administrative justice system.



(2) the settlement of the dispute is a dispute in which one party claims

the power to issue a decision in the same matter individually designed

the participants of the other party, the final decision is issued.

Settlement of the dispute is whether or not the dispute, in which his party deny their

the power to issue a decision in the same matter individually designed

participants.



§ 2



(1) of competence will discuss the dispute and decide on the Special Chamber

of the three judges of the Supreme Court and three judges of the Supreme Administrative Court.

Its members and their alternates shall appoint the same number with their consent

the President of the Supreme Court and the President of the Supreme Administrative Court for a period of

of three years.



(2) the President of the Special Chamber is always on the first half of the term of Office

the Special Chamber shall elect members of the judges appointed by the President of the

The Supreme Administrative Court, and on the other half of the judges appointed by the

the Chairman of the Supreme Court. The Senate shall convene the first meeting of a special and

governed by the oldest Member of the Special Chamber.



(3) a member of an excluded from hearing a particular case his AFC

substitute. A Special Chamber shall be decided by a majority vote of all members.



(4) special and decided upon by the Senate at the seat of the Supreme Administrative

the Court. State administration of a Special Chamber shall be exercised by the Chief

Administrative Court.



(5) the action in a Special Chamber and its activities is the performance of the judiciary.



§ 3



(1) the proceeding is initiated on the date when the document instituting the proceedings on the

settlement of the dispute reached a Special Chamber.



(2) the application for the initiation of dispute settlement is entitled to bring

some of his party or the party to the proceedings in a case in which the question

jurisdiction to issue a decision to become contentious.



(3) the parties to the dispute are in addition to the parties to the conflict and the participants

the proceedings in which the question of jurisdiction has become contentious.



§ 4



The proceedings before the Special Chamber will apply mutatis mutandis the provisions of part

the third head of the first order administrative.



§ 5



(1) the Senate shall decide by resolution of who is competent to issue

decision in the case referred to in the notice of initiation.



(2) if the person who is a party to the settlement of the dispute, issued a decision

in the case referred to in the notice of initiation of the proceeding and in accordance with the decision of the

the Special Chamber is not the release of such a decision in its jurisdiction,

Special Senate said at the smallness of such a decision.



(3) if the person who is a party to the settlement of the dispute, issued a

the decision establishing the jurisdiction of the case, and denied by

the decision of the Special Chamber is the release of the decision in the case referred to in

document instituting the proceedings within its jurisdiction, the Special Senate such

the decision at the same time.



(4) against the decision of the Special Chamber are not remedies

permissible.



(5) the final decision of a Special Chamber shall be binding for the parties

the competence of a dispute, the parties to the proceedings in which the dispute arose, as well as

and for all the institutions, the executive authorities of the local government unit;

as well as the natural or legal persons or other institutions, if they were

entrusted with deciding on the rights and obligations of natural and legal

people in the area of public administration, and the courts.



§ 6



The management of conflicts of jurisdiction, which ruled the courts according to the

Code of civil procedure, which was the effective date of this Act,

decided, takes over and completes the proceedings under this Act, special

the Senate.



§ 7



Shall be deleted:



1. Act No. 3/1918 Coll. and n., the Supreme Administrative Court and the solution

conflicts of jurisdiction.



2. Government Regulation No. 635/1920 SB. z. a n., on the Organization of the Special

the Senate established for resolving conflicts.



§ 8



This Act shall take effect on 1 January 2000. January 1, 2003.



Klaus r.



Havel, v. r.



in the financial times in the r..