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Increasing of Court Fees: Purposes of the Proposed Regulation

Publication at Faculty of Law |
2020

Abstract

At its sixth session this year on 17 February 2020, the Government approved a bill amending Act No. 549/1991 Coll., On court fees, as amended. As a result of the adoption of this proposal, certain court fees are to be increased and certain new ones introduced.

This is supposed to be the biggest change in this area since 2011, when a comprehensive revision was carried out. The government justifies the increase in fees by fulfilling a total of nine aims set out in the explanatory memorandum.

In addition to increasing revenues to public budgets, it is also a reduction in the number of bullying lawsuits, support for alternative dispute resolution or the correction of errors and ambiguities contained in the law. The article here presented attempts to analyze individual goals, their relevance and a possibility of fulfillment by the subject adjustments of the amount of fees or their system.

Relevant case law was also used to determine the achievability of the aims and partial comparisons were made at the international level. The study concludes that most of the declared goals are not achievable, or that the chosen approach is inappropriate, because there are no indicators that could verify whether the goals will have been met.

In addition, certain solutions are offered for defining goals in a more appropriate way, even at the level of de lege ferenda.