Derogation of the adjudicative regulation

On 17th of April 2013 the Constitutional Court in the plenum decided by judgement about the so-called adjudicative regulation (Regulation of Ministry of Justice No. 484/200 Coll.). On the basis of this regulation, reimbursement of legal costs in the judicial proceedings had been granted to the successful participant in the proceeding.

This regulation is cancelled as of the day on which the judgement is promulgated in the Collection of Laws of the Czech Republic, i.e. as of 7th of May 2013. The Constitutional Court concluded that the regulation was in conflict with constitutional regulation and with legal acts because the costs of legal representation in judicial proceedings had been assessed in lump-sum amount and the regulation had not distinguished the complexity of case, time requirements, number of performed legal service acts nor the result of the proceedings. This system has not been proven as a successful in practise. Claims for a lump-sum remuneration lawfully granted by courts before the enforceability of Constitutional Court´s judgement, i.e. before 7th of May 2013, can be enforced in the execution proceedings. Legal certainty principle has to outweigh the reasons that led to the cancellation of the regulation.