In response to the COVID-19 epidemic and the crisis measures, on 31 March 2020 the Ministry of Justice submitted a bill on Certain Measures to Mitigate the Effects of the Covid-19 Epidemic on Litigants, Victims, Victims of Crime and Legal Persons and on Amendment of the Insolvency Act and the Execution Code (hereinafter referred to as the “Act”).
Waiving the missing of period
- Possibility to waive missed periods if a period has been missed in connection with measures taken by the government or selected public authorities to protect public health.
- It will be examined whether the measures have made it impossible or significantly more difficult to perform an act.
- The time limit for submitting an application or a request for waiver of missing the period shall not begin to run earlier than on the day of the termination or cancellation of the state of emergency.
Periods in civil proceedings
- These are i.e. the time limit for appeal, the time limit for bringing an action against a decision of an administrative body pursuant to Part Five of the Code of Civil Procedure or a nullity suit and suit for retrial.
- The possibility to waive the missing of period also applies to the judge's period limit for the so-called qualified summons, for which the defendant must describe to the court the decisive facts for his defense and submit documentary evidence. In that case the court will also decide to set aside the admission judgment.
- A request for a waiver must be submitted within 15 days of the end or cancellation of the emergency measure.
Periods in administrative proceedings
- The
law allows waiver of missed periods, e.g. in a complaint against a decision
of an administrative authority or a cassation complaint.
- An application
for a waiver must be submitted within 2 weeks of the end or cancellation
of the emergency measure.
Time limits
in enforcement proceedings and executory proceedings
- The
law allows waiver of missed periods set for carrying out an act in the enforcement
proceedings.
- The
procedure will be similar in execution proceedings, it is assumed that
the acts of the court (in the enforcement proceedings) will be performed by the
bailiff in the execution proceedings.
- The request
must be submitted within 7 days of the termination or cancellation of
the emergency measure.
Periods in
insolvency proceedings
- The request
of a waiver of missed period is possible only if a court decision has not
yet been issued, or in the case of appeals, if the decision on the appeal has
not become final and conclusive.
- A
request for a waiver must be submitted within 7 days of the end or
cancellation of the emergency measure.
Periods in
criminal proceedings
- The
law will allow everyone who have the period to perform a procedural act set by
the laws governing criminal proceedings, to request an original time period
missed during the duration of extraordinary measures against the epidemic to
be restored.
- The request must be submitted within 3 days of the termination or cancellation of the emergency measure.
Authors: Veronika Odrobinová a David Fabián
