On Wednesday, January 10, 2018, from 10:30 hours, in the building of the Presidium of the Czech Academy of Sciences at Národní třída, meeting room 205, the Professional Civil Law Collegium met to discuss the proposal for a factual intention of the Civil Procedure Code.
REPORT ON THE 5TH MEETING OF THE PROFESSIONAL CIVIL LAW COLLEGIUM
On 10 January 2018, in the headquarters of the Presidium of the Czech Academy of Sciences, there was the 5th session of the Professional Civil Law Collegium, attached to the Institute of State and Law of the Czech Academy of Sciences, devoted to the proposal for a factual intention of the Civil Procedure Code. The session was opened by prof. Karel Eliáš with his short speech. Then, the defined programme was followed. The introductory presentation was provided by doc. Petr Lavický who, in the first part of his speech, commented on certain aspects of the proposal for a factual intention of the Civil Procedure Code and, in the second part, focused on the system of remedies. The next one to present his speech was dr. Zdeněk Pulkrábek who evaluated the factual intention from the perspective of a judge. He focused, among other things, on the issue of the disposition principle or the speed of proceedings. The last presentation was given by doc. Milan Hulmák. He emphasized the proposer’s main ideas which he summarized as the principles of a functioning judiciary. He referred to the fact that the intended Act was not comprehensive and that, in the interest of a functioning judiciary, the relevant legislation needed to be elaborated on even in other Acts. He also commented on certain specific legislations and instruments, such as the professional advocacy process, the judgment by default, the application for appellate review, etc.
A discussion followed. The individual participants, among other things, dr. Dobrovolná, prof. Eliáš, doc. Melzer, dr. Havel, Mgr. Dobeš, doc. Lavický, dr. Petrov, doc. Tégl, dr. Hadamčík, doc. Hulmák, prof. Winterová, dr. Kučera, and others commented on the submitted proposal and made remarks, which were discussed further. All participants in the discussion appreciated the quality of the proposal and agreed on continuous work on that material. Subsequently, the Collegium members adopted the following resolution in the correspondence voting:
Resolution
- The Collegium appreciates the professional quality of the proposal for a factual intention of the Civil Procedure Code, which the Ministry of Justice published and submitted for discussion on 15 November 2017, expresses its essential support, and recommends that continuous legislative work should be done based on this material.
- The Collegium considers as necessary to elaborate further on the factual intentions of related laws, in particular, when it comes to the proposal for modifying the court jurisdiction and competence or to the solution to certain organizational issues and technical procedures necessary for the proposed changes to civil proceedings to function.
III. The Collegium recommends the authors to consider certain aspects resulting from the session discussion and contained in the minutes, such as the issue of admissibility of an application for appellate review (restriction of the number of financial limits and abandonment of difference of decisions as a criterion of admissibility) or the consideration of a review of administrative decisions in civil proceedings (preservation of a review in cases when an administrative body makes a decision in the administrative proceedings in which a private dispute is heard).
Václav Steinbach, secretary