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305<br />

Documents<br />

valid six months after <strong>the</strong> day when <strong>the</strong> National Assembly meets, unless <strong>the</strong>y are earlier repealed or<br />

amended, or re-approved <strong>and</strong> re-promulgated as laws.<br />

(3) Decrees <strong>of</strong> <strong>the</strong> President <strong>of</strong> <strong>the</strong> Republic designated as constitutional, including this<br />

constitutional decree, may also be repealed or amended by means <strong>of</strong> an ordinary law. This<br />

regulation sh<strong>all</strong> not however in any way affect <strong>the</strong> provisions <strong>of</strong> Article 1 <strong>of</strong> <strong>the</strong> law that introduces<br />

<strong>the</strong> Constitution Number 121/1920, with regard to constitutional laws issued<br />

up to September 29, 1938.<br />

(4) Decrees issued abroad by <strong>the</strong> President <strong>of</strong> <strong>the</strong> Republic in accordance with Section 64, Paragraph 1,<br />

No. 10 <strong>of</strong> <strong>the</strong> Constitution, <strong>and</strong> by <strong>the</strong> government in accordance with Section 55 <strong>of</strong> <strong>the</strong> Constitution,<br />

sh<strong>all</strong> not be affected by <strong>the</strong> regulation <strong>of</strong> Article 1 Paragraph 2.<br />

Chapter II<br />

On decisions by courts <strong>and</strong> administrative authorities<br />

First part<br />

General regulations on decisions by courts <strong>and</strong> administrative authorities<br />

Article 6<br />

(1) All decisions by courts <strong>and</strong> <strong>the</strong> public administration, including final <strong>and</strong> conclusive ones, that were<br />

issued during <strong>the</strong> period <strong>of</strong> lack <strong>of</strong> freedom, sh<strong>all</strong> be cancelled or amended, even if <strong>the</strong> general regulations<br />

from <strong>the</strong> period up to September 29, 1938 inclusive do not <strong>all</strong>ow for this, in <strong>the</strong> following cases:<br />

a) should <strong>the</strong>y have been issued in accordance with regulations whose content is contrary to <strong>the</strong> wording<br />

or democratic principles <strong>of</strong> <strong>the</strong> Czechoslovak constitution (Article 2 Para.1),<br />

b) should <strong>the</strong>y be directed towards an aim that is forbidden by Czechoslovak law. Decisions issued during<br />

<strong>the</strong> period <strong>of</strong> lack <strong>of</strong> freedom may also be cancelled or amended on <strong>the</strong> grounds given here in cases when<br />

<strong>the</strong> decision was issued without any legal regulation.<br />

c) should it have been impossible or very difficult, due to <strong>the</strong> exceptional conditions <strong>of</strong> <strong>the</strong> period <strong>of</strong> lack<br />

<strong>of</strong> freedom, for a party to attend <strong>the</strong> proceedings or produce evidence, or should persons taking part in <strong>the</strong><br />

proceedings have been subjected to duress.<br />

(2) The provisions <strong>of</strong> Paragraph (1), Letters a) <strong>and</strong> b), sh<strong>all</strong> not apply to decisions relating to public taxes,<br />

public credit, <strong>and</strong> organisational measures in <strong>the</strong> currency field.<br />

(3) Decisions issued during <strong>the</strong> period <strong>of</strong> lack <strong>of</strong> freedom may be cancelled or amended on <strong>the</strong> grounds<br />

that persons taking part in <strong>the</strong> proceedings have been subjected to duress according to Paragraph 1, Letter<br />

c), in cases where <strong>the</strong> decision was not made in accordance with <strong>the</strong> law or was not made in <strong>the</strong> way <strong>the</strong><br />

decision would have been made in <strong>the</strong> period <strong>of</strong> freedom according to established practice,<br />

a) because a party or a person close to that party had been maliciously treated, or harm had been caused<br />

to <strong>the</strong>ir body, freedom, honour, property, or earnings, or <strong>the</strong>y had been threatened with such harm, <strong>and</strong><br />

for this reason <strong>and</strong> due to <strong>the</strong> conditions <strong>of</strong> <strong>the</strong> period <strong>of</strong> lack <strong>of</strong> freedom <strong>the</strong> party had been unable to<br />

defend his interests properly, or<br />

b) because a witness or expert, or a person close to that witness or expert, had been subjected to such<br />

duress during <strong>the</strong> proceedings, <strong>and</strong> for this reason <strong>and</strong> due to <strong>the</strong> conditions <strong>of</strong> <strong>the</strong> period <strong>of</strong> lack <strong>of</strong><br />

freedom had not given a proper or complete testimony or expert opinion, or<br />

c) because <strong>the</strong> judge or <strong>of</strong>ficial who presided over <strong>the</strong> proceedings or issued <strong>the</strong> decision acted under such<br />

duress or acted in accordance with <strong>of</strong>ficial instructions or in accordance with <strong>the</strong> instructions <strong>of</strong> <strong>the</strong><br />

occupying authority.<br />

(4) Should such a decision (Paragraph 1) have been issued by administrative authorities, it may also be<br />

cancelled or amended by virtue <strong>of</strong> <strong>of</strong>fice.<br />

(5) A party sh<strong>all</strong> be able to propose <strong>the</strong> cancellation or amendment <strong>of</strong> a decision in accordance with<br />

Paragraph 1, Letter a, b, or c, up until June 17, 1949 at <strong>the</strong> latest. Within <strong>the</strong> same time limit <strong>the</strong><br />

administrative <strong>of</strong>fice must notify <strong>the</strong> parties that it has commenced proceedings so that <strong>the</strong> decision be<br />

amended or cancelled by virtue <strong>of</strong> <strong>of</strong>fice in accordance with Paragraph 2 <strong>of</strong> this Article.<br />

Article 7<br />

(1) Article 6 sh<strong>all</strong> not apply to <strong>of</strong>ficial decisions by organs <strong>of</strong> <strong>the</strong> system <strong>of</strong> state government abroad nor<br />

to decisions by provost courts established according to <strong>the</strong> Decree <strong>of</strong> <strong>the</strong> President <strong>of</strong> <strong>the</strong> Republic <strong>of</strong><br />

October 26, 1940 on Czechoslovak provost courts, No. 5 in <strong>the</strong> Czechoslovak Official Gazette.<br />

(2) The time limit for lodging a complaint with <strong>the</strong> supreme administrative court against a decision by<br />

<strong>the</strong> administrative authorities <strong>of</strong> <strong>the</strong> system <strong>of</strong> state government abroad (Section 14 <strong>of</strong> <strong>the</strong> law on <strong>the</strong><br />

supreme administrative court as amended in <strong>the</strong> appendix to Law No. 164/1937), <strong>the</strong> time limit for<br />

seeking redress against findings by <strong>the</strong>se <strong>of</strong>fices on private law claims (Section 2 <strong>of</strong> <strong>the</strong> law by which<br />

Section 105 <strong>of</strong> <strong>the</strong> Constitution is implemented, No. 217/1925), <strong>and</strong> <strong>the</strong> time limit for applications for<br />

<strong>the</strong> lodging <strong>of</strong> petitions for exceptional renewal <strong>of</strong> provost court proceedings (Section 483 <strong>of</strong> <strong>the</strong> military<br />

criminal procedure code as amended by <strong>the</strong> law on military provost court criminal proceedings<br />

No. 115/1937), sh<strong>all</strong> commence one year after <strong>the</strong> day <strong>the</strong> period <strong>of</strong> lack <strong>of</strong> freedom ends.

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