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od 15.4.2007
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Neubauer J.: Sanctions for not respecting the European Court of Justice judgment on the breach of EC Law
This article deals with the analysis of the institute of proceedings for the breach of the Treaty establishing EC (EEC), which ensures proper respecting of community law (acquis communautaire). Brief description of the course of proceedings from the stage of formal warning to ensuing proceedings for non-respecting the previous judgment of the European Court of Justice is followed by the description of particularly the final stage of this procedure, i.e. the judgment under Art. 228 of the Treaty for non-respecting the previous decision of European Court of Justice. In the framework of analysis of the affected ECJ jurisprudence the author concentrates mainly on the level and kind of the imposed penalty. The calculation of the level of lump fine and penalty is analyzed on the basis of the particular Commission communication. Actual judgments of ECJ including the facts of the case and level of the respective penalty are described in the following part of the article, concluded by listing the possible changes which would be brought by the Lisbon Treaty in this procedure.
Svoboda K.: Re-opening of a trial in which the decision was not based on substantiation of facts
Czech courts more and more frequently arrive at decisions not on the basis of facts found through substantiation, but on the basis of identical statements of the parties, of factual presumptions or fictions. This tendency was encouraged also by the so-called comprehensive amendment of Civil Code no. 7/2009 Coll., which considerably narrowed the time space during which the participants may bring facts and evidence into the procedure. However, the institution of trial re-opening still assumes that Czech courts get practically all new facts of the case via substantiation. This defect could be overcome by amending the rules of the procedure which would adjust the rules which if fulfilled would make it possible to re-open such trial in which the court obtained substantial facts of the case in other way than substantiation.
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