Foreign Residents Act, Energy Policy Act and Supported Energy Sources Act amendments

On May 6, 2014, president Miloš Zeman signed into law two important amendments. The first one amends the Act No. 326/1999 Coll., Foreign Residents Act, the other one amends the Act No. 458/2000 Coll., Energy Policy Act, as well as Act No. 165/2012 Coll., Supported Energy Sources Act. In this article we present the most significant changes of these acts.

The Czech Constitutional Court annulled the part of the Electronic Communications Act (Pl. US 24/10)

Plenary session of the Constitutional Court granted an application on March 22, 2011 of 51 Members of the Parliament of the Czech Republic and annulled the Section 97 Par. 3 and 4 of Act No. 127/2005 Coll., the Electronic Communications Act, as amended, and its implementing decree. According to the Constitutional Court, the above-mentioned legal regulation violates constitutional limits because it does not meet the requirements arising from the principle of legal state and requirements of limitation of the fundamental right to privacy as the right to informational determination within the Article 10 Par. 3 and the Article 13 of the Charter of Fundamental Rights and Freedoms.

The judgment of the Supreme Court concerning the language uniformity of the bill

The Supreme Court in the judgment No. 29 Cdo 427/2009 of December 21, 2010 held that the bill had to be monolingual at the time of being issued. It is not possible that a part of the bill was in one language and the rest in another or that the text of bills passed successively from one language to another. If there were more languages, it would be impossible to meet this requirement.

Judgement of the Supreme Administrative Court regarding concurrent employment relationship of an executive

The Supreme Administrative Court Judgment No. 3 Ads 119 / 2010 – 58 dated December 9, 2010 confirmed as the correct decision of CSSA, according to which: the plaintiff as an executive of limited liability company did not in accordance with the Act No. 54/1956 Coll. on sickness insurance of employees, being at the same time both an executive of the company and its director, participated in health insurance as an employee in employment relationship; since, the employment relationship between the company whose executive was the plaintiff, and the plaintiff as a director, has not commenced properly and therefore the insurance relationship has not been established either.

Resolution of the Supreme Administrative Court on the advocate’s black gowns

The Supreme Administrative Court decided that the proceedings against the defendant: Czech Bar Association, of the proposal to repeal the measure of general character – the resolution of the Czech Bar Chamber of June 8, 2010, which was published in Issue 2 below the “CAK” Bulletin No. 4/2010, regarding the appearance of advocate’s professional clothes (black gowns). The Supreme Administrative Court concluded that the resolution No. 4/2010, Bulletin of June 8, 2010 laying down the appearance of advocate’s professional clothes was a regulatory act, the formal and especially not from a physical point of view might constitute a general measure, which is intended to protect judicial provisions of § 101a of Administrative Procedure Code.

The opinion of the Supreme Court: Transfer of a membership in a housing cooperative to heirs is not conditioned by their application for membership

Civil and Commercial Division of the Supreme Court in Brno issued a crucial and important opinion, which deals with the transfer of a member’s interest in a housing cooperative to heirs and their membership in the cooperative. In many cases it was required that the heir after the death of the testator applied for membership in the cooperative for obtaining the apartment. However, the Supreme Court issued a decision within its consolidated activity that: “Transfer of a membership in a housing cooperative to heirs is not conditioned by their application for membership.” To simplify, the heir inheriting a flat (share) after the testator is automatically a member of the cooperative by the date of the death of the testator, without asking for membership.


When the chairman has the casting vote Právní fórum, 1, 2010