To Provide Legal Aid In Cross-Border Disputes Within The Eu

Original Language Title: o zajištění právní pomoci v přeshraničních sporech v rámci EU

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=58605&nr=629~2F2004~20Sb.&ft=txt

629/2004 Sb.



LAW



of 11 December 1997. November 2004



to provide legal aid in cross-border disputes within the European

Union



Change: 165/2006 Sb.



Parliament has passed the following Act of the United States:



§ 1



Cross-border dispute



(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

control ").



(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

the Kingdom.



To provide legal aid in cross-border disputes in cases where

procedural Court is a Court of the United States



§ 2



(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

prescription,



(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.



§ 3



(1) the Provision of legal aid in cross-border dispute, the foreign authorized

person means



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.



§ 4



(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.



§ 5



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).



§ 6



(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

information, or



(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.



§ 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



§ 8



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").



§ 9



(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

legislation,



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.



§ 10



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



§ 11



(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.



§ 12



The refund, which belong to the State in accordance with articles 6 and 10, are receiving State

the budget.



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)).



§ 14



The effectiveness of the



This Act shall take effect on the date of its publication.



Fort Worth Star Telegram in r.



Klaus 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

commercial matters.



3) section 138 of the Act No. 99/1963 Coll., the code of civil procedure, as amended by

amended.



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

regulations.



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

regulations.



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.