Constitutional Text: Czechoslovakia 1920, Amended 1926

Constitutional Text: Czechoslovakia 1920, Amended 1926 in Europe

1926 AMENDMENT TO CZECHOSLOVAKIA’S
CONSTITUTION OF 1920
OCTOBER 15, 1925
217/1925 Coll.
LAW
of 15 October 1925
that implements Art. 105 of the Constitutional Charter (Law No.
121/1920 Coll. of 29 February 1920)
The National Assembly of the Czechoslovak Republic has enacted
the following Law:
§ 1.
(1) In cases of private property claims coming for adjudication
before an administrative authority in which the plaintiff is
dissatisfied with the decision of the latter, he may, after
exhausting remedial actions [opravné prostředky], appeal the
decision on these claims before the courts.
(2) If the decision of the administrative authority awards the
claim to the plaintiff, either in full or in part, the affected
party may seek, by the negative declaratory action, the
decision [of the court] that the claim awarded by the
administrative authority is against the law, either in full or in
part.
(3) However, if the administrative authority rejected the claim,
either in full or in part, the plaintiff may seek [the award of
such claim] by the declaratory action or by the action for nonperformance,
either in full or in part.
(4) The laws that provide a remedy pursuant to conditions laid
down in paragraph (1) before the ordinary courts in noncontentious
procedure remain unaffected. If the claim by its
nature belongs to the non-contentious jurisdiction, it may be
exercised, mutatis mutandis pursuant to the preceding
provisions, by a mere motion.
§ 2.
(1) Unless a special law prescribes a longer time limit, the
appeal or the motion pursuant to § 1(4) must be lodged
within 90 days from the day when the plaintiff was notified of
the decision of the administrative authority, which issued the
final decision.
(2) If the decision of the administrative authority was
challenged by a complaint lodged to the Supreme
Administrative Court, the appeal or the motion must be
lodged within 30 days from the day when the plaintiff was
notified of the decision of the Supreme Administrative Court,
by which the complaint was rejected on the ground that this
matter, pursuant to Art. 105 of the Constitutional Charter,
belongs to the jurisdiction of the ordinary courts.
(3) If the plaintiff initially lodged the appeal (motion) against
the decision of the administrative authority to the ordinary
court, the time limit for lodging the complaint to the Supreme
Administrative Court counts from the day, when he was
notified of the decision of the court of last instance, by which
the claim was rejected. The original or the certified copy of
this decision of the court of last instance must be attached to
the complaint.
(4) The appeal or the motion must be lodged before the court
competent locally and according to subject-matter for
exercising the claim, as prescribed by general laws.
§ 3. The decision of the administrative authority, which deals with
the claim, as well as the decision of the Supreme Administrative
Court in cases mentioned in § 2(2), must be attached to the appeal
or the motion either in the original or in the certified copy; the date
when the decision of the administrative authority was notified to the
plaintiff must be stated as well.
§ 4. If the Supreme Administrative Court rendered a judgment in a
given case, its pronouncement that the claim is a public-law claim
or the pronouncement that the complaint is rejected on the ground
that this matter, pursuant to Article 105 of the Constitutional
Charter, belongs to the jurisdiction of the ordinary courts are
binding for the [ordinary] courts, even if these courts [initially]
found these claims inadmissible.
§ 5.
(1) The court that received the appeal or the motion dealing
with the claim, which the administrative authority had decided
upon pursuant to § 1, shall inform the administrative
authority, which decided this case in the first instance.
(2) When the other party lodges the appeal or the motion (§ 1
(4)), the writ of execution can be issued on the basis of the
decision of the administrative authority, if the awarded claim
is affected by the appeal or the motion. To certify that the
decision or the measure is not challenged by a remedy that
would stay its entry into effect, the administrative authority in
such case, pursuant to a court notice, shall note that and in
what scope the appeal or the motion (§ 1 (4)) was lodged.
(3) If the execution had been initiated before the appeal or the
motion was lodged, it may upon the proposal [of the plaintiff]
be suspended until the decision enters into effect, if it is
established that the [court] proceedings was initiated.
§ 6. In cases, where the administrative authority issued its final
decision after the day when the Constitutional Charter (Law No.
121/1920 Coll. of 29 February 1920) entered into effect and before
the day when this Law enters into effect, the appeal or the motion
may be lodged within next 90 days from the day when this Law
enters into effect; in cases mentioned in § 2(2) within next 30 days.

Constitutional Text: Czechoslovakia 1920, Amended 1926


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