Fiches Belges

Recognition and Execution of Decision of another Member State Imposing Substitute Measure for Custody according to the Council FD 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

* receive the request/decision for judicial cooperation The District Court in the jurisdiction of which stays the person against whom the decision of another Member State is directed. If this person does not stay in the Czech Republic, the District Court is competent in the jurisdiction of which the person had his/her last place of permanent residence. If the competence of court cannot be determined in accordance with sentences one and two, the District court for Prague 6 is the competent authority. * execute/recognise the measure (if other than the receiving authority) The District Court in the jurisdiction of which stays the person against whom the decision of another Member State is directed. If this person does not stay in the Czech Republic, the District Court is competent in the jurisdiction of which the person had his/her last place of permanent residence. If the competence of court cannot be determined in accordance with sentences one and two, the District Court for Prague 6 is the competent authority. The regional courts decide on remedial measures.

The Czech Republic will accept documents drawn up in Czech or accompanied by a translation into Czech. As regards the Slovak Republic, the Czech Republic will accept documents drawn up in Slovak.

The single judge will decide without undue delay, generally within 20 working days from the day it received a decision of another Member State along with a certificate, whether the decision of the other Member State will be recognized, and executed or it will not be recognized. In case an appeal has been filed against the decision of the other Member State, the time limit set in the first sentence shall be extended with another 20 working days. The time taken for translating the decision or certificate or acquiring documents from the other Member State necessary for making the decision will not be counted into time limit referred to in the sentences one and two. If this time limit cannot be kept, the single judge shall immediately notify the competent authority of the other Member State thereof and state reasons for the delay, including the expected duration of such delay.

The Czech Republic gave notice pursuant to Article 9(4) of the framework decision that decisions on supervision measures may be forwarded to the competent judicial authorities of the Czech Republic even where a person in respect of whom a decision of another Member State is issued does not have his/her ordinary residence in the Czech Republic, if: (a) the person in respect of whom that decision is issued asks for it to be sent to the Czech Republic for the purpose of its recognition and enforcement; (b) the person in respect of whom that decision is issued is present in the Czech Republic or it may reasonably be supposed that he/she intends to stay here; and (c) the sole judge agrees to take over the decision of that Member State for the purpose of recognition and enforcement in the Czech Republic, on the grounds that it is appropriate and efficient to do so, in terms of ensuring a successful operation as regards the person and effective monitoring of his/her activities. The Czech Republic gave notice pursuant to Article 21(3) of the framework decision that it will apply Article 2(1) of the Framework Decision on the European Arrest Warrant in deciding on the surrender of the person concerned to the issuing State. The Ministry of Justice will provide cooperation upon a request of an authority of another Member State in the course of ascertaining the necessary information concerning the competent authorities of the Czech Republic to which ESO should be addressed or verification of conditions stipulated by the Czech law for recognition of ESO and adoption of follow-up measures. Grounds for non-recognition of decisions correspond to those listed in the FD 2009/829/JHA.