To Change The Code Of Civil Procedure

Original Language Title: změna občanského soudního řádu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=78561&nr=404~2F2012~20Sb.&ft=txt

404/2012 Sb.



LAW



of 24 July 2003. October 2012,



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

amended, and certain other laws



Parliament has passed the following Act of the United States:



PART THE FIRST



To change the code of civil procedure



Article. (I)



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. 50/1973 Coll., Act No. 20/1975

Coll., Act No. 135/1982 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. 114/1994 Coll., Act No. 152/1994

Coll., 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., Constitutional Court declared under no. 31/1996 Coll., Act No.

142/1996 Coll., 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. 167/1998 Coll., Act No. 326/1999 Coll.

Act No. 360/1999 Coll., the Constitutional Court declared under 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. 366/2000 Coll., Act No.

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

273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.

Act No. 311/2001 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. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.

Constitutional Court declared under no. 476/2002 Coll., Act No.

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

under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,

Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.

Act No. 561/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll.

Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.

Act No. 216/2005 Coll., Act No. 340/2005 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. 115/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll.

Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No. 189/2006 Coll.

Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll.

Law No 267/2006 Coll., Act No. 309/2006 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.,

Constitutional Court declared under no 48/2010 Coll., Act No.

347/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2007 Coll., Act No.

139/2011 Coll., Act No. 186/2007 Coll., Act No. 188/2007 Coll., Act No.

218/2007 Coll., Act No. 355/2007 Coll., Act No. 364/2011 Coll., Act No.

420/2010 Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., the award

The Constitutional Court declared under No 147/2009 Coll., Act No. 167/2009 Sb.

and Act No. 202/2012 Coll., is amended as follows:



1. in § 9 para. 2 i) including footnote 1 shall be deleted.



Letter j) is referred to as the letter i).



2. In article 26, paragraph 4, the following paragraph 5 is added:



"(5) if in matters of work by the applicant (the applicant) an alien may

put the control in a represented also a legal person based on

special legal regulation ^ 57 c), to the activities referred to in

the statutes include the protection of the rights of aliens; the same is true in the procedure of release

foreigners from hedging. ".



The present paragraph 5 shall become paragraph 6.



3. in section 26 para. 6, the words "paragraph 3 or 4 shall be replaced by

"paragraphs 3 to 5."



4. § 36 odst. 1, after the words "the President of the Senate," the words "or

authorized member of the Senate ".



5. In paragraph 38, the following paragraphs 5 and 6 are added:



"(5) the notary authorized pursuant to paragraph 1, and its employees are required to

to disclose all the facts that they learned in the

connection with the implementation of the acts in probate proceedings. The obligation to

confidentiality is not limited in time and the notary or his staff can

be exempted from the President of the Court, that a notary public pursuant to paragraph 1.



(6) a notary shall refer to the competent court filing that his court

the Commissioner has been made after having already performed in the heritage of all

necessary acts and whats the matter forward to the Court. ".



6. In section 50b of paragraph 1. 4 (b). (c)), the words "§ 191b para. 2 "shall be replaced by

"§ 191b para. 3. "



7. in section 82 is at the end of paragraph 1, the following sentence "If the proposal is to

the initiation of proceedings is made via a public data network and

electronic applications intended for submission of such a proposal, the management

is initiated at the moment is the design of accessible information system

designated to receive such filing. ".



8. In § 100 para. 4 at the end of the fourth sentence of the text, the words ";

the presence of a child who is not a trustee of his legal representative, and the

whose participation in the hearing of a child so requests, the Court may exclude only if

his presence being undermined the purpose of the interrogation ".



9. in Section 114b para. 2, after the words "from the date" the words "expiry

the deadline for ".



10. In Section 114b para. 4, the words "substitute service is out of the question"

the first sentence shall be deleted and the following sentence "substitute service is out of the question;

This does not apply if, through delivering a public data network to

a data box. ".



11. in section 114c at the end of the text of paragraph 2, the words "shall be added; It

does not apply if, through delivering a public data network to the data

the Clipboard ".



12. In § 118b para. 1 the last sentence, after the words "that occurred after the

the preliminary "the words", and it was not carried out, and after the first "

the words "paragraph. 2 "shall be replaced by" paragraph. 1 to 3 ".



13. in § 120 paragraph 1. 2, after the words "tenancy" the words ", in

proceedings for the annulment of the notice of termination of tenancy, in a single

increase of the apartment rent. "



14. in § 122 para. 2 at the end of the text of the first sentence, the words ",

or can be made using a proof of technical equipment for the transmission of

image and sound ".



15. In paragraph 129, at the end of the text of paragraph 1, the words ", where appropriate,

participants shall submit for inspection, if it is sufficient ".



16. in § 139 paragraph 2. 4, second and third sentences deleted.



17. in paragraph 172, at the end of paragraph 1, the following sentence "the provisions of § 36a

paragraph. 1 (b). and) shall not apply. ".



18. in section 174a after paragraph 1 the following paragraph 2 is added:



"(2) the application for the release of the electronic payment order shall, in addition

General requirements (section 42 (4)) and to requirements under § 79 paragraph 2. 1

include the date of birth of the natural person, the legal entity identification number

persons or the identification number of the natural person who is an entrepreneur. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



19. in section 174a, the following paragraphs 5 and 6 are added:



"(5) the electronic payment order cannot be issued,



and if the Court) continues in control after its interruption, or



(b)) was not paid a fee for the management of electronic

payment is due on the filing of the application instituting proceedings, or in the

within the time limit designated by the Court.



(6) the resistance to electronic payment order can be submitted also to the

electronic form signed by an advanced electronic signature.

This form shall be published by the Ministry in a way allowing remote

access. ".



20. In article 175 paragraph 1. 1, the word "three" is replaced by "8".



21. in section at the end of paragraph 191b 1 sentence "the consent of a guardian

persons deprived of or limited in legal capacity does not replace

the consent located. If the Institute does not make a notification pursuant to section 191a,

located, or his legal representative are entitled to submit a proposal to begin

control. ".



22. in paragraph after paragraph 1, 191b the following paragraph 2 is added:



"(2) in proceedings for the vote of the admissibility of the receipt or possession of at the Institute

or appeal that has been stopped because it was located from the

the Institute released or additionally agreed to in writing by its location,

continues, if located within 2 weeks from the time when he was a resolution on the

termination of the proceeding, declares that on the hearing of the case takes. About

It should be located. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



23. in section paragraph 191b 4 the first sentence, after the words "legal reasons"

the words "in particular", the words "and of the treating physician,

or "are replaced by the words" and "and the attending physician at the end of


paragraph, the following sentence "if ordered to conduct, as a rule, takes place in the

the Institute; the provisions of § 115 of paragraph 1. 2 shall not apply. ".



24. in paragraph § 191b 5, the word "seven" is replaced by "7" at the end of

the text of the first sentence, the words "and, if so, whether these reasons

last "and at the end of the paragraph, the following sentence" If the Court concluded

that takeover has not, for legal reasons, or that those reasons no longer

do not last, orders the release located from the Institute. ".



25. In paragraph 191c paragraph 1 reads:



"(1) the resolution pursuant to § 191b para. 5, within 24 hours of its release delivers

that is, if his health permits, its representatives

or guardian and Management Institute. If placed in the locality,

the Court shall take other appropriate measures to be placed in the appropriate form with could

the contents of the resolution to meet and had it available. If the Court ordered

the release located from the Institute, the Institute shall, after service of the order

located immediately dismiss. ".



26. in paragraph 191c paragraph. 2 at the end of the text of the second sentence, the words ",

or that those reasons no longer prevail ".



27. in section 191c, the following shall be added at the end of paragraph 2, the phrase "Court of first instance

is required to submit a statement in the Court of appeal without undue delay after the

the appeal was delivered. On the appeal lodged by the Court of Appeal decides

not later than 1 month after the submission of the file; This time limit does not apply if

in proceedings under section 191b paragraph continues. 2. ".



28. in paragraph 191d paragraph. 1, after the words "legitimate reasons", the words "and

that those reasons persist ".



29. in paragraph 191d paragraph. 3 the second sentence, after the words "shall be heard at the hearing"

inserted the word "located", and the word "located" is deleted.



30. In paragraph 191d paragraph. 4, the word "three" is replaced by "3" and the words

"the takeover of the Institute", the words "and on the duration of its reasons".



31. in section 191g section 191h is added to read as follows:



"§ 191h



(1) is taken to the Institute, whose state of health requires

the provision of emergency care and that due to their health condition

not being able to do legal acts and the condition is not caused by mental

impairment the Court within 7 days from the day when the takeover occurred, without a hearing

the resolution decides that with this takeover, agrees.



(2) the President of the Senate, appoint a guardian for the proceeding that is from a series of

people close to you, unless special reasons; If this is not possible,

appoint a guardian to another suitable person. If no guardian

appointed as a person close to or another appropriate person shall designate the President of the

the Senate of the guardian to control from the ranks of lawyers.



(3) the Court shall decide in particular on the basis of observations of the treating physician of the

Health placed. The resolution shall be forwarded to the Institute and the guardian

for the control. Against this resolution are not remedies permitted.



(4) the Department has an obligation to notify the Court within 24 hours of such a change

the health status of placed, which justifies the initiation of proceedings pursuant to section

191b para. 1.



(5) the provisions of § 191a para. 1 and § 191g applies here mutatis mutandis. The provisions of §

191b para. 1 shall apply mutatis mutandis. ";"



32. In paragraph 200da paragraph. 2, the reference to footnote # 53 c shall be deleted.



33. In paragraph 200da paragraph. 8, the words "2 and 3 ' shall be replaced by" 3-5 ".



34. section 200ua, including title and footnotes # 34 g and 34 h

repealed.



35. In paragraph 202, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter q) is added:



"q) was cancelled the order for payment pursuant to section 173 of paragraph 1. 2. ".



36. In paragraph 208 of paragraph 1. 2 at the end of the text of the first sentence, the words "and in the

matters of succession, even if it has been filed within the notary, who was

the court commissioned to take as a court Commissioner has performed acts in the proceedings on the

Heritage ".



37. In section 218b is the number "15" is replaced by "7".



38. the following section is inserted after section 218b 218c, which reads as follows:



"§ 218c



To stop the appeal procedure for withdrawal of the appeal before the start

the hearing before the Court of appeal and the appeal of a refusal under section 218 or

under section 218a may decide only the President of the Chamber of the appeal court or

authorized member of the Senate. ".



39. In paragraph 229 at the end of paragraph 3 the following sentence "the same shall apply in the case of

a final judgment of the Court of first instance, against which there is no appeal

permitted pursuant to § 202 paragraph. 2. ".



40. In paragraph 229 at the end of the text of paragraph 4, the words ", as well as

the final resolution of the appeal court which has been confirmed or

changed the order of the Court of first instance of refusal or revocation

the appeal for the tardiness.



41. section 237 to 239:



"§ 237



Unless otherwise stated, the appeal is admissible against decisions of the

the Court of appeal, which is the appeal procedure ends if the contested

the decision depends on the resolution of the questions of substantive or procedural law,

the solution which the appellate court deviated from the established decision-making

the practice of dovolacího or in the decisions of the Court dovolacího the Court has not yet

has not been resolved, or is such extraordinary appeal court rozhodována differently, or

such extraordinary appeal to be resolved by the Court, the legal question assessed otherwise.



§ 238



(1) an appeal under section 237 not permissible



and matters governed by law) about the family, unless it is a judgment on the

the restriction or deprivation of parental authority or the suspension of its

the performance, on the determination of parentage (denial) or irrevocable adoption,



(b)) in matters of international child abduction under the international treaty, which

It is part of the legal order ^ 62 g), or by directly applicable legislation

^ 62h the European communities),



(c)) in matters covered by the Act on registered partnerships ^ 33 c),



d) against decisions and a resolution, in which a further appeal by the contested statement

It was decided to regard the performance of not more than $ 50,000, unless it is

on the relations of consumer contracts, labor relations or about the things

referred to in § 120 paragraph 1. 2; the claim is for the accessory

not taken into account,



e) in matters relating to the postponement of the enforcement or execution,



(f)) against the resolution, against which an action for annulment is admissible according to the

§ 229 paragraph. 4,



g) against the resolution, which was decided on interim measures,

pořádkovém measures, znalečném or tlumočném.



(2) in opětujícího, the cash is for the conclusion that a further appeal

the contested statement it was decided to regard the performance of not more than 50

EUR [paragraph 1 (c) (d))], determined the sum of all opětujících the

performance; However, if it is eligible for life, for an indefinite period

or for a limited period longer than 5 years, is decisive only five times

amount of the annual performance.



section 238a



The appeal is permitted against a further resolution of the Court of appeal, which was

in the course of appeal proceedings decided about who is the procedural

the successor to the participant by entering into a control to an attendee instead of hitherto

(section 107a), on the accession of the next participant (section 92 (1)) and the confusion

participant (§ 92 para. 2).



§ 239



The admissibility of the appeal (§ 237 to 238a) is permitted to examine only dovolací

the Court; the provisions of § 241b para. 1 and 2 are not affected. "



42. In paragraph 240, at the end of the text of paragraph 2, the words ", and in matters of

Probate even if, if leave to appeal is lodged within the time limit by the notary who

the Court was authorized to appear, as a court Commissioner has performed acts in the proceedings on the

Heritage ".



43. In article 240 paragraph. 3, the word "four" is replaced with "three".



44. section 241a reads as follows:



"§ 241a



(1) an appeal may be lodged solely on the grounds that the decision of the Court of appeal

is based on an incorrect legal assessment of the case.



(2) the appeal shall be in addition to the General requirements (section 42 (4))

outlined against which decision points, to what extent

the decision, the definition of reason to appeal, in what dovolatel sees

prerequisites of admissibility of appeals (sections 237 to 238a) and

dovolatel seeks (dovolací design).



(3) the reason for the appeal shall be defined so that the dovolatel shall state the legal assessment

things, which are considered incorrect and that lays out, in what is

the incorrectness of this law.



(4) in an appeal cannot lead to the Administration, which has made for dovolatel

proceedings before the Court of first instance or in appeal proceedings.



(5) the content of the submission, in which dovolatel said the extent to which it occurs

the decision of the Court of appeal, or in which defined the appeal, without reasons

should the condition set out in § 241, shall be disregarded.



(6) an appeal does not apply the new facts or evidence. ".



45. In section paragraph 241b 2, after the words "against which there is no appeal"

the words "pursuant to § 238".



46. In paragraph § 241b 3, the first sentence is replaced by the phrase "Appeal, which

does not contain data about the extent to which the decision of the Court of appeal

attacks, in what dovolatel sees the prerequisites to the admissibility of

Appeal (§ 237 through to 238a) or that does not contain a definition of reason

None of these elements may be added only for the duration of the period

to the appeal. ".



47. In article 242 paragraph. 3 the words "the reasons relied on" shall be replaced by

"because of the defined" and the words "even if they were not applied in the appellate review"

shall be deleted.



48. In article 242 paragraph 4 is added:



"(4) the participants for the duration of the appeal deadline to submit change


the definition because of the appeal, and the extent to which the decision of the appeal

the court challenge; There is no need to change the consent of the Court. ".



49. section 243 to 243d including title:



"§ 243



Before the decision on the appeal may dovolací Court's own motion to postpone



and enforcement of the contested decision), if communicating performance

the decision or execution threatened serious harm, or dovolateli



(b)) the legal power of the contested decision, is seriously threatened by the dovolatel in the

their rights and does not concern the suspension of legal relations of another person than

party to the proceedings.



§ 243a



(1) the Court shall decide on the appeal of the Dovolací as a rule without a hearing.

If it considers it necessary, shall order the hearing to discuss the appeal.



(2) if the court orders the dovolací negotiations, proceed by analogy with § and § 215

paragraph 216. 3.



section 243b



For dovolací procedure shall apply mutatis mutandis the provisions relating to proceedings before the Court

of first instance, unless otherwise specified; the provisions of § 43, 92, 95-99

and control for the dovolací 107a does not apply.



The decision on the appeal



§ 243c



(1) the appeal filed against the decision of the Court of appeal, which is not

permitted or who suffer from disabilities that were not within the time limit (section 241b (3))

removed and for which such extraordinary appeal proceedings cannot continue, dovolací Court

rejects. Resolution on the dovolací the Court shall issue within 6 months from the date on which the

the case was submitted (§ 241b).



(2) to the adoption of a resolution on the refusal of leave to appeal on the ground that the appeal is not

pursuant to section 237 permissible, requires the consent of all the members of the Senate.



(3) the provisions of § 218 (a). (b)), section 218a, § 224 of paragraph 1. 1 and 2 and section 225 applies

in dovolacího the Court mutatis mutandis. When taking a dovolatel appeal

completely back, dovolací Court stops.



§ 243d



If the warrant pursuant to section 243c, dovolací Court



and the appeal shall be refused) if the conclusion that decision of the Court of appeal

It is correct, or



(b) the decision of the appeal court) may change, if the Court of appeal

decided incorrectly, and if the results so far show that management is

You can decide on the matter. ".



50. the following section shall be added after paragraph 243d 243e to 243g, including the title

shall be added:



"§ 243e



(1) if the conditions for stopping the dovolacího control, for refusing to

appeal for refusal of leave to appeal or the appeal decision for a change

the Court, the Court of dovolací is cancelled.



(2) if the decision of the Court of appeal, the Court of dovolací, returns the matter to the

further proceedings. If the reasons for which the decision was repealed

the Court of appeal, also to the decision of the Court of first instance cancels

dovolací Court this decision and returns the matter to the Court of first instance to

further proceedings, if appropriate, refer the matter for further proceedings factually

to the competent court. Dovolací court decisions issued in other

proceedings at first instance or in appeal proceedings, which are on

zrušovaném the decision of the Court of appeal.



(3) if the Court of appeal decision dovolací because it was not

adhered to the binding legal opinion (section 243g (1)) or that the control

serious defects, may order that the thing in the next management discussed the different

or order the case for further proceedings to another court of appeal. In

If the Court cancels the dovolací also the decision of the Court of first instance,

You may also direct that the thing in the next control discussed in the Court of first

the degree of a different Senate (single judge) or order the case for further proceedings

Another Court of first instance.



(4) if the decision of the Court of appeal, the Court of dovolací and the Court of first

instance for the defects referred to in § 229 paragraph. 1 (b). a), b) or (d)) and in section 229

paragraph. 2 (a). and) or (b)), shall decide whether or not to halt the proceedings, or

referral to the authority within whose jurisdiction they belong.



§ 243f



(1) for the dovolacího court decision is crucial to the State at time of release

the contested decision of the Court of appeal.



(2) to stop the dovolacího of the proceedings or to refuse leave to appeal, which was

lodged out of time, which was after-given by someone who is not to appeal

entitled, or which has not been duly supplemented or revised and in such extraordinary appeal

You cannot control for this lack, the Chairman may decide to continue

the Senate dovolacího the Court or designated by the Member of the Senate.



(3) in the preamble to the resolution, which was rejected or an appeal which was

dovolací management, dovolací stopped the Court only briefly indicate why it is

appeal delayed, inadmissible or suffer from disabilities that prevent the continuation of

in such extraordinary appeal proceedings, or why dovolací control had to be stopped.

If the appeal is rejected, or if the dovolací control stopped

may not be the decision on reimbursement of costs dovolacího management is justified.



(4) the Tribunal shall decide the judgment Dovolací, if rejected the appeal against the

judgment of the Court of appeal or if the amended or repealed the judgment

the Court of appeal; otherwise, it shall make an order.



§ 243g



The further course of the proceedings



(1) if the Court cancels the dovolací decision of the Court of appeal

(decision of the Court of first instance), this is the case, the Court, which has been

the matter is returned or referred to the for further proceedings; the provisions of § 226 here

shall apply mutatis mutandis. On costs including the costs of dovolacího

proceedings the Court shall decide in the new case.



(2) the legal relationship of someone other than a party to proceedings may not be new

affected by a decision. ".



51. In § 261 para. 4, after the words "(hereinafter referred to as" the decision of the authorities

Of the European communities ")" the words "imposing an obligation to

relative performance ".



52. section 353:



"§ 353



(1) at the request of the Court judgment, court settlement or

public documents that meet the conditions of directly applicable

Regulation of the European Union ^ 34f) to confirm it as a European enforcement order

or partial European enforcement order, the Court of this decision, settlement or

authentic instrument as a European enforcement order or partial European

enforcement order is confirmed under the terms of a directly applicable

the EU regulation ^ 34f). The conditions are not fulfilled for the issue

the Court issued the confirmation and the reasons in writing, inform the entitled party.



(2) to issue the European enforcement order certificate and a partial

European enforcement order certificate in the case of decisions and court settlement

the competent court which delivered the judgment or court settlement approved. To

issue of the European enforcement order certificate and a partial European

enforcement order certificate shall, in the case of a public document by the competent court in the

the perimeter of the headquarters of the one who has a public deed.



(3) under the conditions laid down by law directly applicable

The European Union ^ 34f) Court at the request of will repair or cancels the confirmation

European enforcement order certificate or a partial European enforcement

title issued in accordance with paragraph 1. The conditions are not fulfilled for the repair

or cancellation, the second sentence of paragraph 1 shall apply mutatis mutandis.



(4) to repair or withdrawal of the European enforcement order certificate or

partial European enforcement order certificate, the competent court is that

issued it. ".



Article. (II)



Transitional provisions



1. unless otherwise stipulated, the provisions of the code of civil procedure

the version in force from the date of entry into force of this Act and for the management of

initiated before the date of entry into force of this Act; legal effects

actions that have been taken in the proceedings before the date of entry into force of this

law, are maintained.



2. In proceedings instituted before the date of entry into force of this Act shall be

the provisions of § 120 paragraph 1. 2 of the Act, in the version in force from the date of acquisition

the effectiveness of this law shall not apply.



3. All proceedings for the vote of the admissibility of the receipt or possession of the

the Institute of health care, initiated before the date of entry into force of this

Act shall be completed according to the existing legislation.



4. The appeal against the decision of the Court of first instance issued before the date of

entry into force of this Act shall discuss and decide according to the

the existing legislation, with the exception of § 218c of the Act, which is to be used

in the version in force from the date of entry into force of this Act.



5. all proceedings under the code of civil procedure § 200ua initiated prior to the

the effective date of this Act shall be completed according to the existing

legislation.



6. An action for annulment against decisions issued prior to the date of acquisition

the effectiveness of this law, shall consider and decide in accordance with existing

legislation.



7. The appeal against the decision of the Court of appeal issued before the date of

entry into force of this Act shall discuss and decide according to the

the existing legislation, with the exception of section 243c paragraph. 3 of the Act, which

is to be used in the version in force from the date of entry into force of this Act.



PART TWO



Amendment of the Act on the Constitutional Court



Article. (III)



Act No. 182/1993 Coll., on the Constitutional Court, as amended by law no 331/1993

Coll., Act No. 237/1995 Coll., Act No. 77/1998 Coll., Act No. 18/2000

Coll., Act No. 132/2000 Coll., Act No. 48/2002 Coll., Act No. 202/2002

Coll., Act No. 320/2002 Coll., Act No. 114/2003 Coll., Act No. 83/2004

Coll., Act No. 120/2004 Coll., no 234/2006 Coll., Act No. 342/2006 Coll.

Act No. 227/2009 Coll. and Act No. 275/2012 Coll., is amended as follows:



1. In section 8 paragraph 1 reads:



"(1) Each judge is appointed at least one Assistant judge (hereinafter referred to as


"the Assistant") for a specified period not exceeding the period for which he was appointed

the judge, whose Assistant is. ".



2. section 9 reads as follows:



"section 9



(1) an Assistant may be appointed as a person who has a unblemished

a university education.



(2) the Assistant may resign; employment Assistant expires

on the day following the day on which the notice of resignation

delivered to the President of the Constitutional Court, if not in the notice of waiver

functions specify the date later.



(3) the employment of an Assistant also ceases to exist



and the demise of a judge), whose assistant he was appointed,



(b)) on the day of the judgment, which has been condemned for a crime Assistant

performance,



(c)),



(d)) the expiry of the period for which he was appointed, if appointed for a period of

a specific.



(4) if the Assistant function of at least three months, belongs to the Assistant,

whose employment contract has lapsed pursuant to paragraph 3 (b). and severance pay), according to the

the number of initiated years the performance of the Assistant, but not in the amount of

three times the average monthly salary.



(5) the Assistant is obliged to maintain confidentiality on matters about which the

in connection with the performance of their functions. This obligation continues after

the demise of its function. This obligation, it can get rid of the constitutional

Court. ".



3. in paragraph 14, the words "on the matters referred to in section 11 (1) 2 (a). and) to) "

shall be deleted.



4. in section 40 para. 2, after the words "Judge-Rapporteur" the words "and

the Senate "and the words", which is a permanent member of the Senate "shall be deleted.



5. In paragraph 41, the existing text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) the judge may also instruct her assistant through the implementation of the procedural

the acts of the judge-rapporteur pursuant to § 42 para. 3 and 4, with the exception of the implementation of the

questioning a witness.



(3) the implementation of the operations referred to in paragraph 1 (b). and the Chairman of the constitutional)

the Court in the work contour entrust to other official persons of the Constitutional Court. ".



6. In article 43, paragraph 3 reads:



"(3) a resolution on the rejection of the proposal referred to in paragraphs 1 and 2 shall be in writing

drawn up, briefly giving the legal grounds justified, for which the

the proposal rejects, and must include a lesson that no appeal is permitted. ".



7. section 44 reads as follows:



"§ 44



If the proposal was outside the hearing without the presence of participants by order

rejected, the Constitutional Court shall order a hearing if, from this meeting

expect further clarification of the matter. Oral proceedings shall order always provides

so this Act or if the constitutional court evidence. ".



8. § 48 para. 3, the second sentence is replaced by the phrase "If the oral

negotiations must be carried out by the taking of evidence in this way results in oral

negotiations always convey. ".



9. In article 59 paragraph 2. 3 at the end of the text of the second sentence, the words ",

If provided for by a special law or where it is important to the interests of the

people or the State, or morality; decide that belongs to those who

the issue of the Collection decision ".



10. section 59 paragraph 6 is added:



"(6) a resolution has been found or intended for publication published

in the decision, their copy intended for the collection of

the decision by the Constitutional Court or in a manner allowing remote access

each insight. ".



11. In article 60, paragraph 2, the following paragraph 3 is added:



"(3) If a party or intervener representative in accordance with section 29,

served with the writ only this representative, unless the law provides otherwise. ".



The former paragraph 3 shall become paragraph 4.



12. In article 69, paragraph 1, the following paragraph 2 is added:



"(2) the judge rapporteur shall send the proposal to initiate the procedure under

article. 87 para. 1 (b). and also the Government) of the Constitution, if this is not the

the proposal, which the Constitutional Court within 30 days after service of the

enters the proceedings; If so, has the status of intervener

control. ".



The former paragraph 2 becomes paragraph 3.



13. in § 69 para. 3, after the words "(a)" the words ") and".



14. in § 72 para. 3-5, the words ' 60 days ' is replaced by ' two

months ".



15. in section 75 para. 1 the words "does not apply" shall be replaced by the words "this is true".



16. in section 119 paragraph 1. 1, the words "in a criminal case" shall be replaced by "in the

case ".



Article. (IV)



Transitional provisions



1. the constitutional complaint against the decision on the procedural means to protect

the law, which could be challenged by an extraordinary remedy under §

72 para. 4 of law No. 182/1993 Coll., in the version in force prior to the date of acquisition

the effectiveness of this law, it is permissible, if the deadline for exercising

According to the existing legislation began to accrue to the complainant prior to the

the effective date of this Act, and if the complainant this extraordinary

an appeal within the time limit under the existing legislation

She has not.



2. If the period Began for filing a constitutional complaint flow prior to the date

the acquisition of this law, shall be established by the end of the pursuant to Act No. 182/1993 Coll.

in the version in force before the date of entry into force of this Act.



PART THREE



Amendment of the law on court fees



Article. In



In section 8 of Act No. 553/1991 Coll. on court fees, as amended by Act No.

271/1992 Coll., Act No. 36/1995 Coll., Act No. 257/2000 Coll. and Act No.

281/2009 Coll., on the end of the text of paragraph 4, the words "shall be added; This

provision shall not apply to the obligation of filing of the application fee

electronic payment order ".



Article. (VI)



Transitional provision



In proceedings initiated before the date of entry into force of this Act shall be

collecting fees according to the existing legislation, even when they become

due after the date of entry into force of this Act.



PART FOUR



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on 1 January 2000. January 1, 2013.



Němcová in r.



Klaus r.



Nečas in r.