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.
