Mediafax (Mediafax)
Czech republic  |  December 14, 2012 14:12:44

Contract for sKartách is invalid and illegal, says legal analysis CSSD


PRAGUE (MEDIAFAX) - Social democracy has commissioned a legal analysis on sKartách contract concluded by the Ministry of Labour and Social Affairs (MLSA) with the Czech Savings Bank. The entire contract is null and void and bind her crimes, said on Friday Tejc Jerome, Chairman of the CSSD.

The author of the analysis is a lawyer in the ranks of the CSSD Radovan Suchanek. The conclusions of his analysis, saying that the contract can attack both action beneficiaries, which is the SCART imposed against their will, both criminal complaint may fall, for example, exceeded its powers by an official person or damage to another person's rights.

"From the beginning, we say that the project SCART is incorrect and contrary to the law. We let you handle the legal opinion, which we publish today.It shows that there is an excess of authority, when former first deputy to former Minister Jaromir Drabek (TOP 09) Vladimir Siska an agreement with the Czech Savings Bank. No law in the beginning did not allow the MLSA could issue a card management entrusted to a private entity, "said Jerome Tejc analysis. Added that legal does not support the transmission of personal data of hundreds of thousands of client private party, namely the Czech Savings Bank.

"Is not it a public contract, but private, which means that it can not bind the citizens, if they are not willing to use the SCART. Moreover, due to excess power is in our contract null and void from the very beginning," he said.

The analysis shows that there is no law or decree under which the MLSA to entrust the operation and output SCART bank."Under the current provisions of the MLSA may entrust the management body of data concerning the payment of those benefits only the Czech Social Security Administration," the report said. Further mentions that since the contract between the Savings Bank and the Ministry of the nature of my private contract, its provisions can not apply to entities that are not its participants - that is, recipients of social benefits. They can not be forced to use the SCART.

According to him, in such a situation is counterproductive to the government looking for ways to provide for the continuation of the project to modify the wording of the contract and legislation so that the project can continue to exist. "They should definitely try to make ourselves the contract was exported to the project was shut down to the Czech Republic meant costs, such as arbitration.If the contract is invalid, such claim does not arise Czech savings bank, "suggested Tejc who also has a legal background.

CSSD stressed that the police and prosecution authorities should examine the contract and SCART, but they do not intend to lodge a complaint. "We believe that just clever clues, and police and state prosecutor's office is smart enough. Analysis will be public, so the government and the agencies involved in the active management may be assessed. I am convinced that in such a serious case, the interest of the authorities must take their own responsibility, we do not need to submit a complaint. This is help for those who have been prosecuted by Sisk, "mentioned Tejc.

Prime Minister Petr Necas (ODS) and the Minister of Labour and Social Affairs Ludmila Müller, who led negotiations with the Czech Savings Bank, however, do not consider the interference SCART.On the contrary, working on the revision of the contract so that it fell out of the agreements at issue, ie, the obligation to SCART as a means of payment. Would, however, continue to remain liable as a means of identification, payment recipients can collect on your account or postal order. This comes into play at the end of May, when the legislative and procedural background will allow a new partner, Czech Post, assuming the assigned task. Müller wants to SCART had for its owners a number of benefits to be motivated to use it. For example, money held in this account shall be protected against execution and selection of Czech Savings Bank ATMs will always be free as well as withdraw cash over the counter.

Katerina Šurmanová, surmanova@mediafax.cz

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Read also:

December 10, 2012CSSD: It's no SCART review, they must cancel Mediafax (Mediafax)
October 03, 2001Smlouvy o odkupu "Harvardů" jsou neplatné! Jiřina Kavková (Kurzy.cz)

Smlouva o sKartách je neplatná a protizákonná, říká právní analýza ČSSD

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