160/2006 Sb.



LAW



of 16 December 2002. March 2006,



amending Act No. 82/1998 Coll., on liability for damage caused by

in the exercise of public authority by a decision or incorrect official procedure and

about the change of the Czech National Council Act No. 357/1992 Coll., on the notarial profession, and their

activities (notarial regulations), as amended, law No.

201/2002 Coll., on the Office of the Government representation in property Affairs, in

as amended, and Act No. 40/1964 Coll., the civil code, in the

as amended



Change: 89/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on liability for damage caused in the exercise of public authority

by a decision or incorrect official procedure and amending the law of the Czech

the National Council No. 357/1992 Coll., on the notarial profession and their activities (notarial

order)



Article. (I)



Act No. 82/1998 Coll., on liability for damage caused in the performance of

of public authority by a decision or incorrect official procedure and amending

the Czech National Council Act No. 357/1992 Coll., on the notarial profession and their activities

(the notarial regulations), as amended by Act No 120/2001 Coll., constitutional

the Court declared under no. 234/2002 Coll. and Act No. 539/2004 Coll.,

be amended as follows:



1. In article 1 (1). 2 the words "powers conferred" shall be replaced by

"public power entrusted."



2. in article 1, the following paragraph 3 is added:



"(3) the State and local authorities in a separate scope of conditions shall be deemed to

laid down in this Act also suffered non-material damage ".



3. In paragraph 3 (b). (b)), after the words "entrusted" the words "by law or on the

under the law ".



4. In paragraph 3 (c)):



"(c)) the authorities of territorial self-governing units, if the damage occurred during

the performance of State administration, which was transferred to them by law or on the basis of

Act (hereinafter referred to as "territorial units" in by the). ".



5. In paragraph 5 (b). a), the words ' in administrative proceedings ", the words", in

proceedings under the code of civil procedure of administrative ".



6. In article 6 (1). 2, the words "on the appeal or" shall be deleted.



7. In paragraph 6 (1). 2 at the end of the text of subparagraph (a)) the following words "or

the Court executor ".



8. In paragraph 6, the following paragraph 5 is added:



"(5) the authority designated in accordance with paragraphs 1 to 4, is acting for the State as a business

the State in proceedings before the Court, unless a special law

provide otherwise. ".



9. in paragraph 6, the following new section 6a, which including the title and notes

line # 3b:



"§ 6a



Violations of the right to personal liberty



Liability of the State and of the territorial units in a separate scope for breach of

the right to personal liberty ^ 3b) shall be assessed pursuant to the provisions of this Act,

governing liability for unlawful decision or incorrect official

procedure.



for example, Article 3B). 8 of the Charter of fundamental rights and freedoms, article. 5 Convention on the

the protection of human rights and fundamental freedoms, as amended

protocols, declared under no. 209/1992 Coll., as amended by communication No. 41/1996

And communication No. 244/1998 Coll. ".



10. In section 8, paragraphs 2 and 3 shall be added:



"(2) if the damage caused by an unlawful decision enforceable without

regardless of the legal power, can the claim, even if the decision was

revoked or amended on the basis of a proper appeal.



(3) unless the cases worthy of special consideration, may be entitled to compensation

the damage caused by unlawful decision to grant only if the

damaged in the time limits laid down by law took advantage of all the procedural

funds that by law the injured party to protect his rights;

such device means an ordinary appeal, extraordinary

the appeal, with the exception of the proposal for revision, and other procedural

a means to protect the rights, with the application of the associated begin

judicial, administrative or other legal proceedings. ".



11. in § 9 para. 1, after the words "the decision on custody has the word

"also".



12. in paragraph 9, the end of the text of paragraph 2, the words "shall be added; This does not apply,

If the damage in these proceedings was unlawful decision or

incorrect official procedure of the authorities of the Czech Republic. "



13. in section 10, paragraph 1 reads:



"(1) the right to compensation for damage caused by a decision on the penalty, the

which it was totally or partially executed penalty if, in a subsequent procedure

He was acquitted of the indictment or if criminal proceedings against him stopped

for the same reasons for which the Court in the main proceedings decides

zprošťujícím judgment. This does not apply to orders to stop the criminal

the prosecution of the President of the Republic, the user their right to grant pardon or

Amnesty. ".



14. in paragraph 13 is at the end of paragraph 1, the following sentence "unless the law provides for the

performing an action or decision no time limit shall be considered

maladministration also infringement of the obligation to make action or

issue a decision within a reasonable period of time. ^ 8a) ".



Footnote No. 8a is inserted:



"for example, Article 8a). 5 and 6 of the Convention for the protection of human rights and fundamental

freedoms. ".



15. section 14 reads as follows:



"section 14



(1) a claim for compensation shall be applied by the Office referred to in paragraph 6.



(2) if the claim Was filed with the Office which is not competent, it shall forward this

the request of the injured party to the competent authority of the Office. Effects of the preliminary application

in this case are preserved.



(3) a claim for compensation under this Act is a condition of

for any claim for damages in court. ".



16. in article 15, paragraph 2. 1 the words "central authority" shall be replaced by "the competent

the Office ".



17. In article 16(1). 1, after the word "procedure", the words "or

It provided for the same reason the reparation for the resulting non-material

injury ".



18. in section 16 paragraph 2 reads as follows:



"(2) if the decision of the local government unit shall be reviewed

by the competent authority, and was subsequently a decision of that authority and zoning

Government Unit canceled for illegality, the State may require

payment on the edge of regression, if the competent authority is that of the County, or to

local government whole. ".



19. in section 17(2). 1, after the word "authority" the words "or to provide a

for the same reason reparation for non-material damage suffered ".



20. in § 17 paragraph 2. 2, after the words "involved in the judge" the words "or

the Prosecutor, or provide the reparation for the same reason

suffered non-material damage "and the words" blame the judge "shall be inserted after

"or the public prosecutor".



21. in section 17(2). 4, the word "decision" shall be replaced by the words "performance

a public authority ".



22. in paragraph 22 of the following shall be added at the end of paragraph 1, the phrase "incorrect official

the procedure is also a violation of the obligation to make action or issue a decision

in the time limit laid down by law. Unless otherwise provided by law for the Act or

the decision any deadline, it is considered incorrect official procedure

also the breach of the obligation to take action or to issue a decision in the

a reasonable period of time. ^ 8a) ".



23. section 23 reads as follows:



"article 23 of the



Replacing a separate territorial unit in the scope of the damage caused by the

unlawful decision, when the issue is directed to the wrong legal

the opinion of the competent authority, which set aside in the original legal proceedings

the decision of the territorial unit in a separate scope, or provide a

same reason reparation for non-material damage caused, may

require payment on the edge of regression, if the competent authority is

of the county or the State, if the competent authority is the authority of the State. ".



24. In paragraph 24, after the word "damage" the words ", if provided

reparation for non-material damage suffered ".



25. sections 30 and 31, including footnote # 12:



"section 30



Compensation for loss of profit shall be granted in the established amount; If this is not possible,

then for each commenced day of custody, imprisonment, protective

education or protective treatment belongs to the victim compensation for loss of profit

in the amount of Czk 170.



section 31



(1) the compensation includes such costs that have been damaged

reasonably incurred by the cancellation or amendment of the illegal decision or to

remedy the maladministration.



(2) the injured party to pay the costs apply only if

had the chance to do so in the course of proceedings on the basis of procedural

regulations, or if the reimbursement of costs as follows already has not been awarded.



(3) the representation costs are included in the costs. Include efficiently

incurred by cash outlays and fee for representation. The amount of this remuneration shall be

determined in accordance with the provisions of the special legal regulation ^ 12) on a non-contractual

the reward.



(4) the injured party has no right to reimbursement of the costs incurred by the representation in

the context of the consultation of the claim to the competent authority.



12) for example, Decree No. 177/1996 Coll., on the remuneration of lawyers and compensation

advocates for the provision of legal services (lawyer's tariff), as amended by

amended. ".



26. under section 31 is added to § 31a, which including the title reads as follows:



"§ 31a



Reparation for non-material damage caused to the



(1) regardless of whether the unlawful decision or improper

official procedure caused by damage, is provided under this Act, whether or not

adequate compensation for non-material damage suffered.



(2) Compensation shall be granted in cash, if the non-material damage

It was not possible to replace the different and the finding of violations of the law should


was not considered as sufficient. In determining the amount of a reasonable

compensation will take into account the seriousness of the injury and the circumstances

in which non-material injury has occurred.



(3) in cases where the non-material damage was incorrect official

According to § 13 para. 1 the second and third sentence or section 22 para. 1 sentence

the second and third, is taken into account in determining the amount of a reasonable

satisfaction also the particular circumstances of the case, in particular, to the



and the total length of proceedings)



(b) the complexity of the proceedings)



(c) the conduct of the injured party which) contributed to the delays in the proceedings and to

that took advantage of the available resources of eligible to remove delays in

management,



(d)) the procedure of the public authorities during the procedure and



(e) the importance of the subject of the proceedings) the injured party. ".



27. in paragraph 32, the following paragraph 3 is added:



"(3) the right to compensation for non-material damage under this Act shall become statute-barred

for 6 months from the date when the injured party became aware of the damage incurred

injury no later than ten years from the date of the occurrence of legal

the fact that the formation of non-material damage is linked to. To

non-material damage incorrect official procedure according to § 13 para. 1 sentence

the second and third section 22(2) or. 1 the second sentence and the third, will not end the limitation

time less than 6 months after the end of the proceedings, in which this

maladministration occurred. ".



28. section 35:



"§ 35



The period of limitation does not run from the date of the claim for damages to the

the end of the preliminary hearing, but no longer than for a period of 6 months. ".



Article II



Transitional provision



The liability under this Act for non-material damage caused by the

incorrect official procedure according to § 13 para. the second and third sentence 1 and §

22 paragraph 1. 1 the second sentence and the third Act No. 82/1998 Coll., in the version in force

from the date of entry into force of this Act shall also apply to

non-material damage caused before the date of entry into force of this Act,

If it was not entitled to compensation for this injury barred; in the case that

the injured party presented before the entry into force of this law to the European Court

for the human rights of this title, in this case a timely complaint, of which

This Court has not yet gone before the final decision, the prescription of the claim

to compensation for non-material damage for 1 year from the effective date of this Act.



PART TWO



Amendment of the Act on the Office of the Government representation in property Affairs



Article. (III)



In section 8 (b). and) Act No. 201/2002 Coll., on the Office of the Government representation in

property, the words "special legislation" ^ 5) or "shall be deleted.



PART THREE



cancelled



Article IV



PART FOUR



The EFFECTIVENESS of the



Article. In



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



Fort Worth Star Telegram in r.



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