LEGAL REMEDIES, EXECUTION, INSOLVENCY
uAnna Zemandlová
u
uDepartment  of Civil Procedure
uFaculty of Law
uMasaryk University

LEGAL REMEDIES
LEGISLATION, TYPES OF REMEDIES, ORDINARY AND EXTRAORDINARY LEGAL REMEDIES


LEGISLATION
uCode on Civil Procedure (No. 99/1963 Coll.) – „CCP“
u
uSpcial Proceedings Act (No. 292/2013 Coll.) – „SPA“
u

TYPES OF LEGAL REMEDIES
uOrdinary (x not final and conclusive decisions of the court of I. instance)
vAppeal (§ 201 – 226 CCP)
u
uExtraordinary (x final and conclusive decisions of court oppeal)
vExtraordinary appeal (§ 236 – 243g)
vSuit for retrial (§ 228 – 235i CCP)
vNullity suit (§ 228 – 235i CCP)
u
u
u

ADMISSIBILITY
uPRINCIPLE OF UNIVERSALITY:
u„The participant may appeal against a decision of the
udistrict court or against a decision of the regional court
uissued in the first instance proceedings unless it is
uexcluded by law.“
uEXCEPTIONS:
v§ 202 CCP (+ particular decisions according to SPA)
u
u

EXECUTION
LEGISLATION,  CONSTITUTIONAL GROUNDS, ESSENTIAL ATTRIBUTES, SYSTEM


LEGISLATION
uCivil Procedure Act (No. 99/1963 Coll.)
u
uAct on Non-Contentious Proceedings (No. 292/2013 Coll.)
u
uExecutions/Enforcement Code (No, 120/2001 Coll.)
u
uAct No. 119/2001 Coll., on Rules for Simultaneous Executions

BASIC FACTS
uFair trial  principle
v„law finding“ (protection of breached/endangered right)
venforcability of law (execution)
uPetition of entitled person
uState authority
uDuality of exe proceedings
uCourts
uexecutors
uFunctions
vCompensation
vSecurity
vNot sanction
u
u

ESSENTIAL PRINCIPLES
uJudicial power = state power exercised by independents courts (protection of individual rights and
interests)
u
uConsidering and legally binding decision-making in individual cases
u
uProcedure set by the law (criminal, civil and administrative judicial procedure)
u
u

GROUNDS FOR EXECUTION
u  Execution title
uCRIMINAL JUSTICE (guilt and punishment for criminal offences)
uADMNISTRATIVE JUSTICE (protection against administrative decisions/inacion/unlawful interference)
uCONSTITUIONAL JUSTICE (protection of constitutionality)
u

DUALISM OF EXECUTION PROCEEDINGS
u Overload  of courts
u Free choice of creditor
u Civil Procedure Code = lex generalis → Execution Act = lex specialis
u

EXECUTORS
u persons of private law authorized to particular activities within execution proceedings
u Ministry of Justice and heads of the county courts supervision
u
u

INSOLVATION
BASIC FACTS & FUNDAMENTAL PRINCIPLES,


LEGISLATION
uCivil Procedure Act (No. 99/1963 Coll.)
uInsolvency Act (No. 182/2006 Coll.)
uAct on Executions/Enforcement Code (No, 120/2001 Coll.)
uAct No. 119/2001 Coll., on rules for simultaneous executions
uRules of Procedure for County and District Courts (Ministry of Justice Order No.  37/1992 Coll.)
uMinisry of Justice Order No. 330/2001 Coll., on reward of executors

BASIC FACTS
uSpecial collective proceedings in cases of debtor´s inability to fulfill the obligations
(bankrupcy)

FUNDAMENTAL PRINCIPLES
u(lay judges)


INDEPENDENCE AND IMPARTIALITY OF COURTS AND JUDGES
uJudicial independence is not the private right of judges but the foundation of judicial
impartiality and a consttutional right
uIndependent judiciary (free from extraneous influence)
vArt . 6 ECHR
vArt. 81 s 82 of Constitution
vArt. 36 of Charter of Fundamental Rights and Freedoms
v§ 1 and 79 of the Act No 6/2002 Coll., on Courts, Judges, Lay –judges and the State Administration
of Courts
u

OBJECTIVE CONDITIONS AND GURANTEES
uImpartiality
ufundamental qualification of a judge and
ucore attribute of the judiciary
uPersonal qualities  (ability to make impartial and independent decisions)
uConditions of service and tenure (security of tenure, exclusion of removability/transfer to
another court)
uSecurity of remuneration
uIncompatibility with other (public) functions/activities
uAppointment of judges (by president, no time limit)
uPublicity of court hearing
uDisciplinary liaability
u

„STATUTORY JUDGE“ PRINCIPLE
u„Nobody shall be denied his or her statutory judge. The jurisdiction of the court and the
competence of the judge are set by law.“ (Art. 38 /1/ of Charter)
uPrevention of external influence
uStatutory (transparetnt) rules regarding court and judge selection (composition of panel)
uWork time - schedule – method of assignment of cases to judges (each court)

JUDICIAL SYSTEM
u  Supreme Court/Supreme Administrative Court (Brno)
u  High Courts (Praha, Olomouc)
u  District Courts (8)
u  Regional Courts (63)
u
u Constitutional Court (Brno)

CONSTITUTIONAL COURT
uJudicial protection of constitutionality (special court system)
u15 judges appointed for period of 10 years
uStructure - plenum (all judges), four three-member panels
uScope of juisdriction - § 87 of Constitution
vannulment of statutes/provisions contrary to the constitutional order
vannulment of other legal acts/individual provisions contrary to constitutional order or a statute
vconstitutional complaints
• individuals/legal persons against final decisions /interference of public authorities
• representative body of a self-governing region against an unlawful interferebce  of the state
vjurisdictional disputes between state bodies, state bodies and bodies of self-governing regions,
and between bodies of self-governing regions
vconstitutional charge brought by the Senate against the president
vetc.
u

SUPREME ADMINISTRATIVE COURT
uThe highest judicial authority in matters falling within the competence of administrative courts
uChambers (three member, seven/nine member extended chamber, special chamber)
uUnity and legality of the case-law of regional courts and administrative authorities
ucassation complaint (challenging final decisions of regional courts in matters of administrative
justice, against the decisions of regional courts on the measures of a general nature, issues of
local and regional referendum)
uprotection against inaction
uprotection against unlawful interference
uelectoral matters (incl. presidential election)
uregistration and dissolution of political parties and movements
upositive /negative conflicts of competence (administrative authorities and/or territorial or
professional self-governing bodies)
udisciplinary court  (judges, state prosecutors and enforcement agents)

COURT HIERARCHY
uTwo-instance (three tier) system
u
uCourt of first instance
vRegional court
vDistrict court
uCourt of appeal
vHigh Court
vRegional court
u

SUPREME COURT
uThe highest judicial authority in civil and criminal matters  (except matters decided by
Constitutional and Supreme Administrative Court)
uConsistency and legality of decisions
uComposition and Structure:
vPanels  (chairman and two judges) - extraordinary appeal, complaints for the violation of law
(criminal cases), recognition and enforcement of decisions issued by foreign courts (if required by
a special legal regulation/international agreement)
vGrand Panels (min. nine judges of the same division) – legal opinion  of a panel is different than
expressed in the prior case-law
vDivisions (Civil Law and Commercial Division and the Criminal Division) – ensure legality and
consistency of decision-making of the courts by adoptiing standopints , selection of judgements and
decide on their publication
vPlenum (President, Vice-President, Heads of the Divisions, Chairmen of the Panels and other judges
of the Supreme Court) – the most important body - adoption of standpoints in the matters of
particular kind, issues pertaining to both Divisions , issues disputable between the Divisions

HIGH COURTS
u2 high courts seated in Brno and Olomouc
u
uThree-member panels
u
ucourts of second instance in cases decided at first instance by the regional courts belonging to
their areas
u
u

REGIONAL COURTS
u7 regional courts and Municipal Court in Prague (three-member panels/single judge)
u
ucourts of second instance in cases decided at first instance by the district courts belonging to
their areas
u
ucourts of first instance - § 9 (2) of the Civil Procedure Act (
u
ucourts of administrative justice (Code of Administration Justice)
u
u

Povinnost mlčenlivosti nemá vůči osobě, kterou pověřuje provedením jednotlivých úkonů, jestliže
tato má povinnost sama mlčenlivost zachovávat
Zaměstnanci advokáta/společnosti

DISTRICT COURTS
uArea courts in Prague, Municipal Court in Brno
u
ucourts of first instance - § 9 (1) of the Civil Procedure Act - general rule
u
u
u

COURT ADMINISTRATION
uMinistry of Justice of the Czech Republic -  central state administrative body for the courts
u
uAdministratitive activity – directly/by presidents of the courts
u
uProper function of the judicial system

CIVIL PROCEDURE
CHARACTERISTIC, TYPES


FUNDAMENTAL ATTRIBUTES
uthe procedure of court and participants in civil judicial proceedings to assure protection of
private rights and lawful interests of the participants
u
ucourt = independent and impartial decision-making body
u
uLegally binding (enforcable) decision
u
u

TYPES
uContenious proceedings (litigation, adversary)
uNon-contentious proceedings (prevention, protection)
u
uInitial proceedings (court trial)
uExecution proceedings
u
u

CIVIL PROCEDURE LAW
DEFINITION AND SOURCES


DEFINITION
uset of rules regulating civil procedure (rights and duties of the participating subjects)
u
uparticipating subjects – court, parties and other bodies/persons
u

SOURCES OF CIVIL PROCEDURE LAW
u
uCivil Procedure Act (No. 99/1963 Coll.)
uAct on Non-Contentious Proceedings (No. 292/2013 Coll.)
u

THANK YOU
uANNA.ZEMANDLOVA@LAW.MUNI.CZ