Don't you know? Ask!
- RFERL Watch
- Feb 4, 2024
- 10 min read
Info Act, known among ordinary people as "Act No. 106/1999 Coll.", it can be a significant helper in cases when obtaining information from the so-called "mandatory subjects" suddenly becomes cloudy or very foggy. Even if it is not a panacea, it calms the human desire to know the background of everything and immediately, as a homeopathic medicine replacing potions from area of "one lady said", could be highly recommend because of our own experiences.
We used this institute for the first time almost three years ago on 12/10/2021. At that time, we only wanted to verify our suspicions, whether there could be some closer connection between Radio ГA / ГA and the District Court for Prague 10 in the "fair decision-making" of the lawsuits of its former "fired" employees. We were then close to losing the courts in both of my lawsuits, after the rejection of our objection of bias towards their same judge
JH (#Dr. Hustá"), consecrated by the superior Municipal Court of Prague in memorable turbo decision by the non-competent judicial "senate-not-senate", and so we wanted to have finally clear in the matter "who with whom" especially before further court battles. For more details on what we learned then, see here .
After 4 years of never-ending court battles, after mutual appeals against the judgments of the courts of first and second instance in fashion "we against them and they against us", after our 7 attempts at reconciliation in the sense of "already there were enough ruined dolls - let's play in another sandbox", today we moved into the next appeal to the Supreme Court in fashion of fifth year mutual "jihad". Gradually, #LA ("Leklá Andělka") began to absent from the court, and she was replaced by her younger colleague from the same fan club in the public space, and thus the only fighter defending the noble interests of Radio ГA / ГA against me in all 3 lawsuits (abbreviated as "Firing", "Discrimination" and "Muzzled") remained their loyal and US taxpayer paid attorney #MV ("Mgr. Prasátko”). A certain defect in his professionalism is the fact that since the fall of last year, this whole "theatre" he began to take, also thanks to the unaddressed posts on the local website about him, very personally.
As described in post “Reputation for 1000 American Bucks” here, with the decision of the Municipal Court of Prague which was annulled by the judgment of the court of first instance of Judge #JH ("Dr. Hustá") in the matter of my lawsuit against discrimination (according to the ATZ Act) and a new trial in this case should have taken place before another judicial panel of the local circuit court.
Our increased self-confidence and joy from the decision of the higher court soon took its toll.
The idea that the decision "in the name of the republic" of the superior court in the wording - "another court panel will decide in this matter" - will mean that we will meet with our known judge mainly in our wet dreams and thus after 3 years the court proceedings returned to the righteous hands of the "16 C" court panel. However, it is necessary to note here that in both of my lawsuits it will not (yet) be decided by #JH ("Dr. Hustá"), but it will be held by her direct representatives.
So, probably there are no people in the circuit court and the Radio ГA / ГA cases cannot be judged fairly by another one...
But let's go back in time to 2021.
On September 3, 2021, the deputy president of the District Court for Prague 10 unfortunately answered our question regarding the specialisation of her court in hearing lawsuits under the ATZ ("anti-discrimination law") this:
Since we were convinced that if there is a law in the collection of laws that has passed the legislative process of the Parliament of the Czech Republic, there should also be a specialist in the courts of first instance who professionally deals with violations of this law. We did not want to be satisfied with the (non-public) opinion of Judge #JH ("Dr. Hustá") regarding the substance of this law, which she provided to her associate of her senate the other day just before the ruling against my lawsuit:
We chiseled our lawsuit very carefully before filing it in March 2020. During its preparation, we even consulted it with an external specialist, who represents the Czech Republic in the European Parliament, and who deals with this law and publications.
Simplifying our work and assigning this type of lawsuit to the labour law bag was something that we did not want to settle for. Especially from the reason that for each of these types the burden of proof is set differently – once per defendant and once on the plaintiff's side.
In other words - if I claim that there was discrimination in labour law proceedings, the defendant must prove that this was not the case. But if I am suing the defendant party that I was wrongfully "kicked out", I, as the plaintiff, have to prove it.
But we are already getting on very fragile disgustingly professionally legal ice.
After this "unfortunate" information from the court management, the manipulation of our lawsuits in "their court" and the judge's pressure to reclassify them into another category began to take on clearer contours.
All these goods of theirs suddenly began to gnaw at them like straw from their boots.
And so the date was set for us.
The newly appointed judge of the well-known court panel "16 C" sent us the date 10/4/2023 as the date of our first court hearing in the matter of our remedial "anti-discrimination lawsuit".
We started compiling several dozen pages of documents for this meeting and mentally preparing for one of the further moves from Slovakia, where I am increasingly occurred. Actually, we haven't had the honor to sit with Mr. Judge in one courtroom yet, but a few clicks on Google told us something. And since we knew that in Prague 10 there is no specialist in this type of lawsuit, his invitation to court predicted nothing crystal clear in advance.
Or does it seem normal to you that someone, without torture, subscribes to deciding on something, in what is legally unpopular?
Suddenly we came up with an idea that we should start with the well-known process of "brain storming". And result?
After all, the court process in such a situation cannot have any solution!
Why?
Because there can only be two variants of how it all can turn out. And unfortunately none lead to our victory.
1. Variant:
The court decides in my favor and the opposing party appeals because the "court of competent jurisdiction" did not decide
2. Variant:
The court decides v against me and we appeal because the "court of competent jurisdiction" did not decide
In IT developer jargon, this is called as "looping in the program". But how to get out of it without losing the flower (and not destroying the computer with the program)?
Cui bono?
The defendant party "perhaps" does not know about this information of ours from the court management, or pretends not to know about it. If he really monitors the posts published here three times a day, as I regularly learn from the statement from the provider, he is probably already working with this information. He also knows that the case will be decided by the well-known "16 C" court panel.
Does he know that we know it's not true? Does he expect us to object to it at the outset?
Let's see what they write about this v OSŘ (Civil and Judicial Code).
„If the court, in which the proceedings were initiated, believes that it does not have substantive jurisdiction, or if it has raised such objection by a party to the proceedings, the superior or Supreme Court have to make decision. The court of appeal or the court of appeals can also decide on jurisdiction.
Knowing that we are starting to tease the judicial cobra with our bare feet, we delivered our objection to material jurisdiction to the court on the eve of the scheduled court hearing and supplemented it with opinion from answers of the deputy president of the court. We also did not forget to openly state our concerns described above to him and we expected that he would try to at least dispel them a little. Perhaps even by declaring that he feels materially competent! And in order to be really sure that our information is really true, we addressed the following question (according to the "Info Act") to the Ministry of Justice of the Czech Republic.
Bite the nails on our hands and on those bare feet, we waited for the snake attack and at the same time hoped for satisfying information from the most anointed.
We understood them. Letting the matter jurisdiction be decided by the initiative of some "last" party to the proceedings, namely by the High Court or the Supreme Court, can be quite a challenge for the court of the first instance.
Week by week came together and on 20.12.2023 we received a pre-Christmas present from the most anointed ones. That it was the fairy-tale answer "neither undressed nor dressed" or the cinematic "I'm telling you, but you don't know it from me" was obvious. After all, we are dealing with the ministry, which did not disappoint this time either!
We've known about the existence of such a thing as "Work Schedule" for almost 4 years, so we didn't help ourselves much here. In addition, there is one thing that the Ministerial Council has kept silent about - namely, the fact that their quality and timeliness is a story in itself.
However, they advised us on one thing – ask further, ask the district courts in the Czech Republic!
Probably the plan was to give up for good now... Still.
However, it was necessary to act quickly, because the answer from the court was already on its way and we still had no more than a response from its presidency.
For those of of you who are unwelcome in this area, I state that there are total of 86 district courts, and it is necessary to reach out them quickly. 75 of of them are marked as a standard district court and the rest of 10 district courts are in Prague (Prague 1 to Prague 10). Brno has its Brno Municipal Court.
A perfect thing which helped us here it was "data box". Where would I be without it when dealing with the state administration? In order to get the information in time, I was prepared to tighten it digitally!
On 30.12.2023, I sent the same query to all 86 district courts, similar which I have sent to ministry two weeks ago. Again, full of anticipation, I prepared to evaluate the answers.
There is at least one in the Czech Republic such a trial? What will we do if the opinion of the Prague 10 District Court is confirmed that such a court does not exist in our country?
I spent my time searching the Internet, where I managed to find at least one case law, from which it could be ascertained that such a court actually exists.
After a long search, I managed to find the first one. It was the District Court of Uherské Hradiště and their traceable judgment of the Constitutional Court here . And it was painted! Exists by at least one such court, and the fact that such a specialization is not in Prague 10 at the senate "16 C" does not mean at all that such a specialization does not exist in the entire Czech Republic.
Meanwhile, my "data box" received the message. The clear matter that they wanted to have finally settled by the end of the year suddenly drags on with such an unpleasant obstruction!
I will not publish Mr. Judge's answer now because we had lost several times there. Just the fact that, according to the date, he had to write it full of impressions the day after receiving our objection, speaks volumes for its content. His answer could be wrapped in the following:
If you are so clever and object to my lack of jurisdiction, then tell the court immediately within the specified period, who do you think is materially competent? If you do not do so within the specified period, the court will have to decide in your disadvantage.”
So let's read a few sentences of the "Resolution" delivered to us, which the impressions described above fully confirm.
Here is the court's request for our addition:
And here is our addition:
So let's leave this legal battle in the "unfinished" state for now and let's return to interesting poll results - Which district court in Czech Republic has a specialization proceeding claims according to ATZ?. Internally, we called it “Don't you know? Ask!”
Individual answers that I received in the following two weeks from all district courts in the Czech Republic, I subsequently divided into the following categories for the purposes of these statistics:
1. "We don't have it" category
In this most numerous category are the courts which, like the District Court of Prague 10, they answered clearly and without torture that they simply do not have such a specialisation. And that in most cases they "flicker" similarly to Prague 10 - the labor court.
It is interesting that such courts are located exclusively in district towns in Czech countries.
2. "We won't tell you" category
In this numerous category of courts are those that answered my unequivocal question "do you have?" or "don't you?" in the words of the young investigator "Hlaváček" from well known Czech movie "Disbanded and Discharged" in phrase as 'Look scumbag look!'. And in order to (not) answer me, they sent me a link to the website of their court. Internally, I labeled them "idiots and illiterates".
It involved several courts across the entire Czech Republic.
3. "We won't tell you until you tell us" category
In this, thank God, innumerable category of courts, there were those who responded to my unequivocal question "do you have?" or "don't you?" by asking me to complete my application with my date of birth. Although I did not originally follow up with my request to arrange a "tickling date" with some of them, I fulfilled their request within the time limit set by them and repentantly asked them once more with date of birth now. The fact that their answer ended up being categorised as 2 is a shame. Internally, I only labeled them "idiots", although I have to admit that they had a legitimate right to ask such request according to the Info Act.
It involved several courts across the entire Czech Republic.
4. "We have", or "we have, but…” category
This unfortunately innumerable category of district courts made me the happiest!
It has been confirmed that if there is an ATZ law, then such a court really exists!
It is also an interesting finding that such courts are mainly located in district towns in Moravia and Silesia.
Conclusion of the survey:
In conclusion, we can generalise that the level of communication and the form of responses of "obligatory subjects" decreased in our glades and groves geometrically from east to west. It is therefore no secret that the worst condition was recorded in Prague and its surroundings.
Write to me, how do you explain that? I would really like to know your opinion.
So let me conclude with a list of the best courts:
· Uherské Hradiště District Court
· Hodonín District Court
· Opava District Court
· Třebíč District Court
· Nový Jičín District Court
· Přerov District Court
· Prostějov District Court
· Rychnov nad Kněžnou District Court
· Šumperk District Court
Congratulations to the winners and no honor to the losers!
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