For example, as of April last year, the decree has reduced the minimum remuneration of courts from 3,000 to 2,000 crowns. The same amount is newly granted by the decree to the Executive, also in situations where, for one reason or another, his authority to execute the execution ceases.
Another part of the decree, which the senators want to cancel, deals with the situation when the borrower pays voluntarily after the 30-day notification. For the Executor, instead of a fixed fee of CZK 3500, only half of the amount is CZK 1,750. Previously, the reduction of the flat-rate reimbursement only involved executions where the reimbursed amounts did not exceed 10,000 CZK.
"We respect the decision of the Constitutional Court," said Vladimir Plášil, president of the chamber of executors, to ČTK. The court executor Lukáš Jícha of the Prerov Offshore Bureau is disappointed with the decision of the Constitutional Court. "The condition that the executor's minimum wage is 22.5 times lower than the guaranteed minimum remuneration of the receivers has been confirmed, but the responsibility of the supervisor and the scope of the decision-making activities in the management is much greater," he says.
According to senators and previous statements of the chamber of executors, the decree threatens the activities of individual offices and does not allow the executors to receive an adequate remuneration for their work. They argued, for example, that they violated the principle of legitimate expectations and the right to do business.
"The amendment to the decree has taken a relatively small number of directors' fees and the core of the right to do business was not possible", said Judge David Uhlíř. In his opinion, the decree strives for a legitimate aim that the costs borne by the debtor must be proportional to the amount recovered.
"We welcome the fact that the ÚS has confirmed the constitutionality of the regulation, thus reducing reimbursers' remuneration." In practice, it has shown that the system of claims does not collapse and can operate under these circumstances. 155. So there is no exodus or enforcement of the law, "said Minister of Justice Jan Kněžínek (for YES).
"The US has admitted that the amendment to the decree is constitutional, but that does not mean that it is reasonable and factually correct," the lawyer Zdeněk Koudelka, representing the senators, responded to the finding of today.
Former Minister of Justice Robert Pelikan (ANO) has promised to reduce the total debt because the ex-executive rate has been adjusted for part of the borrowers.