The Provision Of Cooperation For The Purposes Of Proceedings Before Courts Intl.

Original Language Title: The Provision Of Cooperation For The Purposes Of Proceedings Before Intl. Courts

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=74486&nr=186~2F2011~20Sb.&ft=txt

186/2011 Sb.



LAW



of 8 June. June 2011



to provide the synergy for the purposes of proceedings before certain international

courts and other international control bodies and amending Act No.

99/1963 Coll., the civil procedure code, as amended



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



THE PROVISION OF COOPERATION FOR THE PURPOSES OF PROCEEDINGS BEFORE CERTAIN INTERNATIONAL

COURTS AND OTHER INTERNATIONAL CONTROL BODIES



§ 1



(1) the authorities provide in matters relating to their activities

free of charge complete, accurate and objective information and more synergy

The Ministry of Justice for the purpose of representing the Czech Republic in

proceedings before the European Court of human rights (hereinafter referred to as "the Court") on the

the basis of the Convention on the protection of human rights and fundamental freedoms and protocols

to it (hereinafter referred to as "the Convention") ^ 1) and the Ministry of Foreign Affairs for the purpose of

representing the Czech Republic in the proceedings before the Court of Justice of the European Union

on the basis of the rights of the European Union ^ 2).



(2) the authorities concerned, the coordination referred to in paragraph 1 is needed

for the purposes of proceedings before the Court or the Court of Justice of the European Union, are



and the courts, the public prosecutor's Office), the authorities of the State administration and self-government

as well as other public authorities,



(b) when carrying out) the person's competence in the field of public administration,



(c) persons who have been) by the law or the contract binding power

to decide on the rights and obligations of other persons ^ 3).



(3) the obligation referred to in paragraph 1 are also persons whose acts or

the omission is the subject of proceedings before the Court or the Court of Justice of the European

the Union, unless the



and the participants themselves) are the proceedings before the Court or the Court of Justice of the European

of the Union,



(b)) the provision of information and cooperation provided for in paragraph 1 to

the violation of their fundamental rights or interests protected by the law, or



(c)) the necessary information and synergy of the Czech Republic's may raise

otherwise.



(4) the obligation referred to in paragraph 1 are also physical persons

previously involved in the activities of the authority concerned referred to in paragraph 2 or on the

activities of the person referred to in paragraph 3, provided that these bodies or persons

Unable to get the required synergy.



(5) a natural person who has provided the desired synergies under paragraph

4, shall be entitled to reimbursement of expenses incurred by efficiently finished with

United. The claim must be made within 1 month from the provision

cooperation with the authority, who asked about her; otherwise the claim will lapse.



§ 2



(1) the provision of information and other cooperation in the sense of § 1,

in particular, the



and the sending of communication or information) about the circumstances of the case and the submission of the

or sending the documents and other supporting documents necessary to clarify the

the factual and legal issues relating to the alleged violation of the Convention

or the rights of the European Union,



(b) the sending of the file) relating to the case or a complete copy of the

or a copy of its relevant parts, including judicial records and records

AIDS conducted by the courts, as appropriate, to allow access to the file and

take copies and extracts from him,



(c) submission of views on the possibilities of) an amicable settlement of the matter,

where applicable, ensure the participation in the negotiations initiated in order to achieve

agreement on the terms of such a settlement in the case of a complaint in connection

with the alleged violation of the Convention,



(d) the presentation of an opinion in the matter) to transfer a case to the Grand Chamber

The Court in the case of a complaint in relation to the alleged violation of the Convention,



(e) ensuring the direct consultation with) the people who dealt with the case

or engaged in carrying out their official duties or employment.



(2) the obligation to provide information to the General Court and other interaction

referred to in paragraph 1 shall carry out the Presidents of courts. In fulfilment of this obligation

There must be no violation of the Constitution guaranteed the independence of the judges ^ 4).



§ 3



(1) the authorities concerned are obliged to provide information and other synergies

According to § 2 of the Ministry of Justice or the Ministry of foreign

things on the basis of their request and within the time limit set by them, or other

to the Ministry at its request and in the time limit laid down, unless other

the Ministry carries out the obligations laid down in this law.



(2) in relation to persons, to which according to the provisions of other laws

the provisions covered by the obligation of professional secrecy ^ 5), Ministry of

of Justice and the Ministry of Foreign Affairs for the purposes of this Act,

the same position as the Court.



§ 4



The competent authorities concerned shall without undue delay of any

the necessary individual and General measures to end violations

Of the Convention or of the law of the European Union established in the final judgment of the Court

or the Court of Justice of the European Union and to prevent further violations of the Convention

or the rights of the European Union for similar reasons, for which the Court or the Court of

Justice of the European Union stated its violation. At the request of the Ministry of

of Justice or the Ministry of Foreign Affairs, and within them

set by the authorities concerned in writing shall indicate what specific measures for

to this end they have adopted or intend to adopt, where appropriate, proposed or

design, including the projected timing of their adoption.



§ 5



(1) if the Court or the Court of Justice of the European Union precautionary measures

which stores the Czech Republic to do something, to refrain from something, or something

endure, the Ministry of Justice or the Ministry of

Foreign Affairs of the competent person or body concerned, whose synergies

It is necessary for the fulfilment of the obligations of the obligations of the Czech Republic and

on the General and individual measures that authority or person has the

make to meet this obligation.



(2) The person or body concerned, whose cooperation is necessary

for the fulfilment of the obligations shall be required to perform without undue delay

all the measures referred to in paragraph 1, necessary for the fulfilment of the obligations

imposed injunction of the Court or the Court of Justice of the European Union.



(3) where the competent authority concerned in accordance with § 1 (1). 2 (a). (b)), and (c))

or a person whose cooperation is necessary for the fulfilment of the obligations

not to the measures referred to in paragraph 1, so that was the obligation of the Czech

Republic fulfilled within the time limit laid down in the provisional measures, the Court shall

Czech Republic Court to issue a decision ^ 6) to ensure compliance with the

obligations.



§ 6



(1) the obligation to provide information and other synergies under section 1 to 5

shall apply mutatis mutandis for the purposes of proceedings before the Committee for human rights and

for the purpose of representing the Czech Republic in the proceedings with the European Commission under the

the relevant provisions of the Treaty on the functioning of the European Union, including the

the management of these proceedings.



(2) compliance with the obligations pursuant to this Act may, the procedure laid down

for the Justice Department to pursue additional authorities that represent the

The Czech Republic in individual cases before other

international authorities controlling the compliance with international commitments in the

the field of human rights, where such obligations for the Czech Republic from

the international treaty, which is part of the legal order.



section 7 of the



Cancellation provisions



Act No. 318/2001 Coll., on the provision of information and other cooperation for

the purposes of the proceedings before the European Court of human rights and the UNITED NATIONS before the Committee

for human rights, is hereby repealed.



PART THE SECOND



To change the code of civil procedure



§ 8



In Act No 99/1963 Coll., the code of civil procedure as amended by Act No.

36/1967 Coll., Act No. 158/1969 Coll., Act No. 49/1973 Coll., Act No.

20/1975 Coll., Act No. 133/1982 Coll., Act No. 180/1990 Coll., Act No.

328/1991 Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No.

24/1993 Coll., Act No. 171/1993 Coll., Act No. 117/1994 Coll., Act No.

152/1994 Coll., the Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No.

118/1995 Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No.

247/1995 Coll., the finding of the Constitutional Court declared under no. 31/1996 Coll.,

Act No. 142/1996 Coll., the finding of the Constitutional Court declared under no.

269/1996 Coll., Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No.

15/1998 Coll., Act No. 91/1998 Coll., Act No. 165/1998 Coll., Act No.

326/1999 Coll., Act No. 360/1999 Coll., the finding of the Constitutional Court

declared under the No 2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000

Coll., Act No. 46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000

Coll., Act No. 155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000

Coll., Act No 227/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000

Coll., Act No. 120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001

Coll., Act No. 273/2001 Coll., the finding of the Constitutional Court declared under no.

276/2001 Coll., Act No. 317/2001 Coll., Act No. 451/2001 Coll., Act No.

491/2001 Coll., Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No.

202/2002 Coll., Act No. 227/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., the finding of the Constitutional Court declared under no. 476/2002 Sb.

Act No. 88/2003 Coll., Act No. 120/2004 Coll., the finding of the Constitutional Court

declared under the No 153/2004 Coll., Act No. 235/2004 Coll., Act No.

257/2004 Coll., the Act No. 340/2004 Coll., Act No. 436/2004 Coll., Act No.

501/2004 Coll., Act No. 554/2004 Coll., Act No. 555/2004 Coll., Act No.
628/2004 Coll., Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No.

205/2005 Coll., the Act No. 216/2005 Coll., Act No. 342/2005 Coll., Act No.

377/2005 Coll., Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No.

56/2006 Coll., Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No.

112/2006 Coll., Act No. 113/2006 Coll., Act No. 115/2006 Coll., Act No.

133/2006 Coll., Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No.

189/2006 Coll., the Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No.

264/2006 Coll., Act No. 267/2006 Coll., Act No. 308/2006 Coll., Act No.

315/2006 Coll., Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No.

123/2008 Coll., Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No.

259/2008, Coll., Act No. 274/2008 Coll., Act No. 297/2008 Coll., Act No.

305/2008 Coll., Act No. 384/2008 Coll., Act No. 7/2009 Coll., Act No.

198/2009 Coll., Act No. 218/2009 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No.

420/2009 Coll., the finding of the Constitutional Court declared under no 48/2010 Sb.

Act No. 347/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2011 Coll.

Act No. 139/2011 Coll., section 200u following § 200v, including

title and footnote No. 101:



"§ 200v



The procedure for carrying out the duties of the interim measures of the European Court of

human rights



(1) if interim measures issued by the European Court of human

the law on the basis of the Convention on the protection of human rights and fundamental

freedoms ^ 101) Czech Republic obligation to do something, to refrain from something

or something to endure, and the fulfilment of this obligation cannot Czech Republic

to ensure interoperability, without other people's Court on the proposal of the Czech

Republic decision shall ensure the fulfilment of the obligations arising

interim measures of the European Court of human rights.



(2) participants in proceedings are the Czech Republic and the one against which the proposal

points. The Czech Republic is the Ministry of Justice.



(3) to control the Court, in whose district is a General Court of

against which the proposal is directed.



(4) the Court shall decide on the proposal immediately, not later than the expiry of 7 days

after it was filed. Appeals against this decision does not have suspensory

effect.



(5) the Court resolution of the participant to provide the synergy necessary for the

ensure fulfilment of the obligations arising from the preliminary measures

The European Court of human rights.



(6) the obligation referred to in paragraph 5 of the synergies takes until extinguished

effects of preliminary measures the European Court for human rights. About the demise of the

effects of interim measures issued by the European Court of human rights

inform the Ministry of justice required the person.



101) Convention for the protection of human rights and fundamental freedoms, the renowned under the

No. 209/1992 Coll., as amended by Protocol No. 11, the declared under the no 243/1998

Coll. and Protocol No 14, declared under no 48/2010 Sb. m. s.



The additional protocol and the protocols No. 4, 6 and 7, the renowned under no. 209/1992

Coll., as amended by Protocol No. 11, the declared under the no 243/1998 Coll.



Protocol No 13, promulgated under Act No. 114/2004 Sb. m. s. ".



PART THE THIRD



The EFFECTIVENESS of the



§ 9



This Act shall take effect on the 15th day after the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.



1) Convention for the protection of human rights and fundamental freedoms, under the famous No.

209/1992 Coll., as amended by Protocol No. 11, the declared under the no 243/1998

Coll. and Protocol No 14, declared under no 48/2010 Sb. m. s. Additional

the Protocol and the Protocols No. 4, 6 and 7, the renowned under no. 209/1992 Coll., on the

amended by Protocol No. 11, the declared under the no 243/1998 Coll. Protocol No 13,

promulgated under no. 114/2004 Sb. m. s.



2) Article. 19 of the Treaty on European Union (consolidated version).



for example, 3) Act No. 216/1994, Coll., on arbitration proceedings and enforcement of

arbitration awards, in wording of later regulations.



4) Article. paragraph 82. 1 of the constitutional law No. 1/1993 Coll., Constitution of the Czech

of the Republic.



for example, § 5, paragraph 53). 1 (a). (c)) Law No 280/2009 Coll., the tax procedure code.



6) § 200v of Act No 99/1963 Coll., the code of civil procedure, as amended by

amended.