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Sarajevo, November 14, 2012 JUDr. Ivana Hrdlickova, Ph.D. The Reduction of Backlog cases The Experience of The Czech Republic.

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Presentation on theme: "Sarajevo, November 14, 2012 JUDr. Ivana Hrdlickova, Ph.D. The Reduction of Backlog cases The Experience of The Czech Republic."— Presentation transcript:

1 Sarajevo, November 14, 2012 JUDr. Ivana Hrdlickova, Ph.D. The Reduction of Backlog cases The Experience of The Czech Republic

2 Judicial reform in Czech Started in 1991 New legislation, new claims Restitution No changes in court management No professionally trained court staff JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012

3 Judicial reform in Czech Influence to the lenght of court process The need of significant changes Legislative changes Changes in the court managements Special training JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012

4 Civil process JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Several amendments of civil procedural law Civil procedural Code Nr. 99/1963 Coll. Nr. 30/2000Coll. Nr. 7/2009 Coll., 355/2011 Coll., 364/2011 Col., 167/2012 Col.. 202/2012 Coll.

5 Civil process JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 The urgent need to simplify civil process New rules for court delivery Concentration of civil process as the right of parties The experience with concentration New amendment – concentration by law

6 Civil process JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Problem of small claims Simply summary process in small claims Judgment of recognition Judgment by default (default judgment entered against a party who have failed to defend against a claim)

7 Civil process JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Payment order Computerization of judiciary Electronic payment order Central Electronic payment order Reduced court fees for Electronic payment claims

8 Civil process - execution JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Law120/2001 Coll. established private execution to the Czech civil procedure and has changed the effectiveness in the execution of court decisions. -Institute of private executors -Execution by courts

9 Civil process - inheritance JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Transfer of inheritance cases to notaries Court participation Notaries as Court officers

10 Civil process – Utility cases JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Problems of utility cases Court fees -Costs of the proceeding, reimbursement of costs (a claim for a very small amount of money, for example 20 euro, the lawyer fees 500 euro or more)

11 Civil process – utility cases JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Decision by the Czech Constitutional Court in 2011, principle of proportionality between claims and fees “Judicial business” - immoral activity of some business companies and lawyers

12 Civil process – utility cases JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 New principle: Creditor’s call to a debtor before the court claim -A possibility of a non-judicial institution to act in this procedure (Czech Post office) to arrange an agreement on payment, plan of payment

13 Civil process - Mediation JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Law on Mediation in Civil and Commercial Matters Nr. 202/2012 Coll.. Transposition of EU Direction Nr. 2008/52/ES Training of mediators Mediation in court process

14 Criminal process JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 -Summary proceeding for not serious crime offences -Pre-trial settlement -Court criminal order in non-serious cases without a trial (with the right to appeal and be tried)

15 Criminal process JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 -Probation and mediation, Law Nr. 257/2000 Coll. Special role of criminal mediation -Special process for juvenile Mediation in juvenile cases Professional training of criminal mediators

16 Court administration JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Delegation of judges competence Senior officers – specially trained and educated court staff, law Nr. 121/2008 Coll. -Delegation of some competence of judges to senior court officers in civil, commercial and criminal matters

17 Court administration JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 Computerization of justice Civil process Criminal process Computerization in Court administration Agenda of courts

18 Judicial Reform JUDr. Ivana Hrdlickova, Ph.D., November 14, 2012 „Justice delayed is justice denied“ Thank you for your attention ivana@hrdlickova.com


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