États-Unis d'Amérique
République slovaque
Moyens de faire respecter les DPI
7. Please explain any provisions in the enforcement system in the Slovak Republic that ensure expeditious remedies. In addition, please explain what provisions are available to prevent deliberate delays by the parties to a proceeding and indicate the circumstances in which such provisions will be applied.
The measure, which is available and also used to prevent deliberate delays of legal proceedings is predominantly the regulation of Section 101, the Slovak Code of Civil Procedure. This regulation orders all the parties to contribute as much as possible to reaching the aim of the proceeding, above all by identification of evidence and heeding the orders of the court. The court proceeds further, even if the parties are not active. If a summoned party does not appear in person without submitting a request for postponing the hearing, the court is authorised to act in the party’s absence, with regard to the content of the file and to the evidence so far presented. If the court appeals to a party to make a statement regarding a particular proposal, it can attach to it a warning, that if the party does not make any statements within a certain time period, he or she will be taken as having no objections to the proposal in question. The court can adopt disciplinary measures against a party that is inactive and ignorant of the court's appeals, these measures including fines and even judgment summons by the police. Such a party can also be ordered to pay the legal fees caused by him or her. Disciplinary measures are established in Sections 53 and 54, as well as in other regulations of the Slovak Code of Civil Procedure. There is an analogous regulation in the Act on Administrative Proceedings, stating that deliberate protraction of proceedings caused by inactivity or disobedience of the competent body on the side of a party or a third party can be penalised by a financial fine. Pursuant to Section 50, Act on Administrative Proceedings, if the administrative body does not act in the case, or eventually does not reach any decision within the time periods established for these purposes by law, that is in the above-mentioned time periods of 30 and 60 days, and if the remedy cannot be granted otherwise, the superior body, which would normally function as an appellate body, is authorised to decide the case.