of 11 December 1997. November 2004
to provide legal aid in cross-border disputes within the European
Change: 165/2006 Sb.
Parliament has passed the following Act of the United States:
(1) a cross-border dispute within the European Union "^ 1") (hereinafter referred to as
"cross-border dispute"), shall, for the purposes of this Act, means any dispute arising
of civil or commercial relations, whose party has a place
his stay in another Member State of the European Union (hereinafter referred to as "the Member
State "), than in which they operate, that the dispute shall be decided by the Court (hereinafter referred to as
"the procedural Court").
(2) for the management of a cross-border dispute shall be considered as all proceedings
follow-up to the management of a cross-border dispute in accordance with paragraph 1, which
for the purposes of this Act, the procedure for ordinary or extraordinary
the remedies, procedures for the recognition of a decision, proceedings for a declaration
enforceability and enforcement or enforcement proceedings (hereinafter referred to as "follow-up
(3) to determine whether this is a cross-border dispute in accordance with paragraphs 1 and 2,
the State is crucial to the date on which the application was submitted to ensure legal
assistance in cross-border dispute according to § 2 (2). 1 (b). (b)), or where the
The Ministry of Justice (hereinafter referred to as "the Ministry") was delivered to the
request to ensure legal aid in cross-border dispute, according to § 9 para.
1 (b). and).
(4) the provisions of this Act shall not apply in relation to the Danish
To provide legal aid in cross-border disputes in cases where
procedural Court is a Court of the United States
(1) If a procedural Court is that of the United States, it is legal aid in
cross-border litigation carried out by a natural person, if
a) has a place of residence or usually resides on the territory of another
Member State ^ 2) than the United States,
(b)) filed a procedural Court itself or through the appropriate
authority of the Member State (hereinafter referred to as "the competent authority of the Member State")
or through the Ministry of a request to provide legal assistance in
cross-border dispute according to the pattern, which lays down detailed legal
(c)), its financial and social circumstances justified to confer on a completely
or partly exemption from court fees ^ 3) and
(d) the request to ensure legal) assistance in cross-border dispute is not manifestly
unreasonable due to the fact that it is an arbitrary or apparently in vain
application or defence of a right.
(2) if the court process, that this is a person satisfying the conditions
referred to in paragraph 1 (hereinafter referred to as "foreign authorized person"),
her legal aid in a cross-border dispute in the manner specified in § 3.
(1) the Provision of legal aid in cross-border dispute, the foreign authorized
and the appointment of a representative) in proceedings before the Court in accordance with the procedural
the relevant procedural regulations, ^ 4)
(b)) the provisions of an interpreter in proceedings before the Court in accordance with the procedural
the relevant procedural regulations, ^ 5)
(c)) exemption from court fees and from the payment of the advance on costs
evidence in proceedings before the Court, the procedural legal power
the procedural decision the Court under section 4, paragraph 4. 3,
(d) translation of documents) that have been in the proceedings before the procedural
foreign court by an authorized person and to be based on
the procedural decision the Court made as evidence from a foreign language,
other than the Slovak language, Czech language,
e) compensation of travel expenses necessary foreign beneficiaries
arising in connection with its route from the place of its permanent residence
or the place where he usually resides in a Member State, to the headquarters of
the process of the Court, if it is her presence before the Court of the procedural
to ensure the equality of the participants or due to the complexity of the case
According to the decision of the Court the necessary procedural.
(2) the costs for legal assistance referred to in paragraph 1 shall be borne by the State.
(1) on the application of foreign beneficiaries to provide legal assistance in
cross-border dispute resolution process, the Court shall decide without undue
delay after it was delivered.
(2) are not subject to the conditions referred to in § 2 (2). 1 (b). a), c) and (d)),
or if this is not a cross-border dispute under this Act (section 1),
process the application to provide the legal assistance shall be refused.
(3) If a procedural, the Court does not reject the request to ensure legal assistance referred to in
paragraph 2, it shall decide that the legal aid in a cross-border dispute
foreign person concerned to provide; This decision may not be
the reasons are not permissible remedies against it.
The procedural decision the Court about the fact that legal aid is foreign
the beneficiary shall provide, also applies to all follow-up proceedings (section
1 (1). 2).
(1) Procedural Court's own motion decide that foreign person entitled
is required to replace the State wholly or in part the costs that the State
for her has not yet granted legal aid under section 3 (1). 1 (b).
a), d) and (e)), if it finds that
and at the time of submission of the application) to ensure that legal assistance was not met
a condition for the granting thereof referred to in § 2 (2). 1 (b). (c)), therefore, that in the
the application of the foreign beneficiary stated inaccurate or incorrect
(b)) financial and social circumstances foreign beneficiaries substantially
have changed, in particular as a result of the success in this cross-border dispute.
(2) the legal process the Court decision referred to in paragraph 1
and the State's obligation to pay shall expire) the cost of legal aid provided by the
Foreign authorized person in accordance with § 3 (1). 1 (b). a), d) and (e)),
b) extinguishes the exemption from court fees pursuant to § 3 (2). 1 (b). (c)).
(3) Procedural Court to the decision referred to in paragraph 1, the Court,
which decided that the legal aid in a cross-border dispute, the foreign
the beneficiary shall provide; However, if an some of the downstream
proceedings, is relevant to the decision referred to in paragraph 1, the Court, before which the
such a follow-up procedure is in progress.
(4) on the obligation to pay the costs referred to in paragraph 1 may be decided
not later than 3 years from the legal force of the last decision in this
cross-border dispute, including decisions in building management.
(5) the Foreign beneficiary is obliged to notify without delay to the
the facts referred to in paragraph 1 in a procedural Court referred to in paragraph 3.
(6) the provisions of paragraph 1 shall not apply when the costs of legal aid
provided by the foreign beneficiary pursuant to § 3 (2). 1 (b). a), d) and
(e)), which have been incurred by the State, or to be reimbursed from the State
granted by the State to pay the costs pursuant to section 7.
(1) if it satisfies the conditions laid down by foreign persons entitled to the Special
the legislation for the awarding of costs in cross-border
the dispute, ^ 6) procedural court decides that the costs is granted to
instead of a foreign State to the beneficiary.
(2) if they would pay the costs granted by the State pursuant to paragraph 1
higher than the cost of legal aid provided by foreign authorised
person pursuant to § 3 (2). 1 (b). a), d) and (e)), the State shall refund
costs only up to the amount thereof; the remainder of the costs
admits foreign beneficiary.
To provide legal aid in cross-border disputes in cases where
procedural Court is a Court of a Member State other than the United States
If the procedural, the Court of another Member State other than the United States,
legal aid in a cross-border dispute provides the Ministry of manner and under
the conditions referred to in section 9
and nationals of the Czech Republic), ^ 7) if they are on the territory of the United
Republic of place of residence, or if you are in the territory of the Czech Republic
usually resides ^ 8)
(b)), if the foreigners on the territory of the Czech Republic in accordance with the Special
the law ^ 9) resident for a continuous period of 90 days or longer
c) foreigners who have been granted asylum or subsidiary protection in the territory of
The United States, ^ 10) (hereinafter referred to as "domestic beneficiary").
(1) the Ministry is obliged to
and) receive the applications of domestic authorized persons to provide legal
assistance in cross-border dispute
(b)) forward requests of authorized persons to provide domestic legal
assistance in cross-border dispute within 15 days from the date of his receipt of the application,
where appropriate, the date on which they were referred to in paragraph 2 deleted her defects,
the competent authority of the Member State in accordance with the model, which lays down the detailed
c) confirm domestic beneficiaries that their application was
the competent authority of the Member State.
(2) the Ministry is obliged to provide legitimate domestic person
the assistance necessary to ensure legal assistance request
meet all the conditions laid down by the law of the Member
State; for this purpose, in particular, the Ministry will instruct attendee on how
and in what period of time the application has defects to remove and, if necessary,
takes on the expense of the State of the application and the translation of documents that have
be connected to a foreign language.
(3) an authorized person shall be required to the Ministry at the same time with
submission of the application to provide legal aid in cross-border dispute to communicate,
If requested to provide legal aid in cross-border litigation directly
the competent authority of another Member State, which will decide on the request
in accordance with the law of that Member State.
(4) the Ministry decides that the receipt of the request to ensure legal
assistance in cross-border dispute is rejected and the request returns, if
and domestic) request was made by an authorized person,
(b)) the request does not relate to cross-border litigation,
(c) the request is manifestly unreasonable) due to the fact that it is an arbitrary or
manifestly unsuccessful assertion or defence of a right,
(d) domestic beneficiary did not eliminate) the defects in the application within
laid down by the Ministry, or
(e)) it brought domestic authorized person that already exists in this case is brought by the
the request directly to the competent authority of another Member State.
(5) the rejection of an application referred to in paragraph 4 (b). a) to (d)) shall not affect the
the right to domestic authorized persons to contact directly a request to the competent
authority of another Member State.
The Ministry may decide that the domestic authorized person is obliged to
replace the State wholly or in part the cost of translation requests for ensuring the
legal aid or of documents that must be attached to it, to
foreign language according to § 9 para. 2 If the application by the competent authority
another Member State, that authority is rejected or held that the domestic
an authorized person is required to replace all or part of the costs that
has not yet granted legal aid have been spent for it; the Ministry is
so shall be entitled to decide within three years from the date on which the decision of the competent
authority of the Member State has taken legal force.
The provisions of the common
(1) in the cases referred to in sections 4 to 7 shall apply the civil
the rules of court, unless this Act provides otherwise.
(2) The proceedings in cases referred to in § 9 para. 1 (b). and), § 9 para. 4 and
section 10 covers the administrative code. If the request is legitimate domestic
persons of receipt to provide legal aid in cross-border
the dispute, the decision in the administrative proceeding is issued.
The refund, which belong to the State in accordance with articles 6 and 10, are receiving State
section 13 of the
The provisions of the enabling
The Ministry shall issue a decree model application for providing legal assistance in
cross-border disputes pursuant to § 2 (2). 1 (b). (b)) and the pattern for the transmission
request for providing legal aid in cross-border disputes in accordance with § 9
paragraph. 1 (b). (b)).
The effectiveness of the
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Gross v. r.
1) Council Directive 2003/8/EC of 27 June 2002. January 2003 concerning disclosure of
Justice in cross-border disputes by establishing minimum
common rules relating to legal aid in such disputes.
2) Article. 59 of Council Regulation (EC) No 44/2001 of 22 May 2001. December 2000 on the
jurisdiction and the recognition and enforcement of judgments in civil and
3) section 138 of the Act No. 99/1963 Coll., the code of civil procedure, as amended by
4) § 30 and 31 of Act No. 99/1963 Coll., as amended.
5) section 18 of Act No 99/1963 Coll., as amended.
6) § 142 and following of Act No 99/1963 Coll., as amended
7) Act No. 40/1993 Coll. on acquisition and loss of citizenship
The Czech Republic, as amended.
8) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws (law on population register), as amended
9) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amendments to certain laws, as amended.
10) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the
Police of the Czech Republic, as amended, (asylum Act),
in the wording of later regulations.