The Effects Of The Interest Rate Fixation To Rewards For Finding Zastup. A Lawyer Or Notary Public

Original Language Title: k účinkům nálezu ÚS k odměnám za zastup. advokátem nebo notářem

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Notice of the Constitutional Court

of 30 March 2004. April 2013

No Org. 23/13 the effects of Constitutional Court SP. zn. PL. ÚS 25/12 of

17 May. 4.2013 at claims arising from Decree No 484/2000 Coll., which

the standard rates of remuneration for the representation of the participant

a lawyer or notary public in deciding on the reimbursement of costs in the civil

court proceedings and amending the Decree of the Ministry of Justice, no.

177/1996 Coll., on the remuneration of lawyers and Solicitors for the provision of compensation

legal services (lawyer's tariff), as amended in

the wording of later regulations, and granted by a final decision of the Court to

the time of the publication of the finding in the journal of laws

With regard to the possible interpretation of § 71 paragraph all French. 2 and 4 of law No.

182/1993 Coll., on the Constitutional Court, in relation to the effects of constitutional

Court SP. zn. PL. ÚS 25/12 of 17 May. 4. The Constitutional Court is the plenary

have decided on the following conclusions.

1. in accordance with the existing case-law of the Constitutional Court [cf. for example.

findings SP. zn. PL. ÚS 38/06 of 6. 2.2007 (N 23/44 SbNU 279;

84/2007 Coll.) and SP. zn. IV. TC 1777/07 of 18 January. 12.2007 (N 228/47

SbNU 983) or the opinion of the Assembly, SP. zn. PL. ÚS-St. 36/13 of 23 July. 4.

2013], which in the case of horizontal legal relationship, i.e. legal

relations between individuals, admits the retroactive effects of the derogačních

the findings only very exceptionally, in cases of extreme intense

derogačního reason (in particular conflict with the material at the core of the Constitution),

in the case of claims to outweigh a flat-rate remuneration conferred by Decree No.

484/2000 Coll. the Court issued a final decision before the enforceability of

Constitutional Court SP. zn. PL. ÚS 25/12 of 17 May. 4. principle of 2013

legal certainty before the Constitutional Court of the reasons which led to the derogation

the Decree. In these cases therefore does not apply the provisions of § 71 para. 2

sentence with a semicolon to the law on the Constitutional Court and claims arising from these

the decision may be subject to enforcement of a decision or execution. The opposite

interpretation would effectively mean that the Constitutional Court will be

refusal of the right to reimbursement of the costs granted under this

the Decree, which would instead of deleting the protiústavního intervention into the basic

the rights of the parties to the proceedings leading to its further deepening.

2. it does not apply to cases in which the Constitutional Court found the

based on time and properly filed a constitutional complaint in the amount of the flat-rate remuneration

the decision of the General Court of unconstitutionality and set aside.

Plenum of the Constitutional Court, in an attempt to save the legal certainty of legal

subjects covered by repealed legislation turns finding of the Constitutional Court

SP. zn. PL. ÚS 25/12 of 17 May. 4.2013 decided that this communication

received under no. org. 23/13 will be posted in the collection of laws under section 2

paragraph. 1 (b). (b)) of the Act No. 309/1999 Coll., on the collection of laws and the collection of

international treaties, together with the constitutional

the Court.

The President of the Constitutional Court:

JUDr. Rychetský in r.

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