The Effects Of No. 404/2012 Coll. On Neskonč. Proceedings Before The Institute. By The Court

Original Language Title: k účinkům z. č. 404/2012 Sb. na neskonč. řízení před Ústav. soudem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=79173&nr=469~2F2012~20Sb.&ft=txt

469/2009 Sb.



The communication from the



The Constitutional Court



The plenary adopted the Constitutional Court on 18 July 2005. December 2012 under no Org. 72/12

following the communication from the



the effects of law no 404/2012 Coll., amending Act No 99/1963 Coll.,

Code of civil procedure, as amended, and certain other

laws on the unfinished proceedings before the Constitutional Court initiated before 1.

January 2013

.



Plenum of the Constitutional Court is on your private session 18. December 2012

agreed-with regard to the partial absence of intertemporálních provisions in the

Law No 404/2012 Coll., amending Act No. 99/1963 Coll., the civil

the rules of court, as amended, and certain other laws, which

with effect from 1 January. January 2013 are revising the Act No. 182/1993 Coll., on the

The Constitutional Court, as amended-to the procedural steps in the

proceedings initiated, but neskončených to 31. December 2012 as follows:



1. in accordance with the general principle of temporal scope of laws governing

procedure in proceedings before the Court, the provisions of the law on the Constitutional Court,

as amended by law no 404/2012 Coll. effective from 1. by 1 January 2013, the Governing

proceedings before the Constitutional Court applied to legal proceedings instituted, but

the unfinished until 31 December 2006. December 2012. The Constitutional Court will be in these

to apply the new text of the proceedings, section 14 (different views), § 40 paragraph 2. 2

(assignment of cases to judges and Chambers to the Rapporteur), § 41 para. 2

(credential Assistant carrying out procedural acts), § 41 para. 3

(officials of the Constitutional Court credentials by deferring the submission), § 43 para.

3 (justification for the rejection of the draft resolution), section 44, and § 48 para. 3

(of an oral hearing and making a decision without oral proceedings), section 59 paragraph 1.

3 (publicity about the identity of the participants and interveners,

their representatives, the witnesses and experts), section 59 paragraph 1. 6 (publication

remote access decision) and § 60 para. 3 (delivery) of the

The Constitutional Court, as amended by law no 404/Sb.



2. with regard to paragraph 1 of this communication in relation to section 59 paragraph 1. 3 and 6

the law on the Constitutional Court, as amended by law no 404/2012 Coll., the plenary

The Constitutional Court notes that the decisions taken after 1. January 2013 without

regardless of the date of initiation of the proceedings will be published including details of

the identity of the participants and by the parties, their representatives, witnesses, and

experts. These data does not only if provided for by special

by law, or where it is important to the interests of the people or the State, or

morality; decide that belongs to those who issue of Collections

the findings and resolutions of the Constitutional Court. The proposal that information about the identity of the

participants and by the parties, their representatives, the witnesses and experts

neuveřejnily of the mentioned legal reasons (article 59, paragraph 3, of the law on

The Constitutional Court, as amended by law no 404/2012 Coll., by analogy to § 45 para. 1

part of the sentence after the semicolon), the parties and interveners,

their representatives, the witnesses and experts make in the application initiating proceedings, in

during the proceedings and after, if it can be about him with regard to the

the form of publication of the decision.



3. The new wording of the provisions of § 69 para. 2 and 3 of the law on the Constitutional Court, in

amended by law no 404/2012 Coll., concerning the possibility of the Government and the public

the Ombudsman shall communicate that enter into the procedure under article 88(2). 87 para. 1 (b). and)

The Constitution of the Czech Republic as interveners, shall be applied only

to proceedings initiated after 1. January 2013, since these provisions are related to the

the time of the initiation of the proceeding, and not from the nature of things on the control

initiated previously.



4. The new wording of the provisions of § 72 para. 3-5 (deadline to submit constitutional

the complaint) and section 75 para. 1 (the admissibility of constitutional complaint) of the

The Constitutional Court, as amended by law no 404/2012 Coll., shall be applied in

accordance with the transitional provisions in article. IV, part of the second Act.

404/2012 Sb.



5. The new wording of the provisions of section 119 paragraph 1. 1 of the law on the Constitutional Court, in

amended by law no 404/2012 Coll., regulating the retrial will be

applied also to the unfinished proceedings on the application for renewal of proceedings initiated

1. January 2013, provided that to 1. January 2013 has not yet expired

deadline to submit a proposal under section 119 paragraph 1. 3 of Act No. 182/1993 Coll., on the

The Constitutional Court, as amended.



Plenum of the Constitutional Court, in an attempt to save the legal security of the participants and

the interveners decided that this communication received under no.

Org. 72/12 will be posted in the collection of laws under section 2 (2). 1 (b). (b))

Act No. 309/1999 Coll., on the collection of laws and the Collection of international treaties.



The President of the Constitutional Court:



JUDr. Rychetský in r.