There are more than 3.7 million distrainment
proceedings in courts filed in accordance with the old rules before April 1, 2017.
If the law is passed, no distrainment proceeding against SPP, which is completely controlled by the state, would be possible."The draft law contains the elements of total distrainment immunity on SPP's property, which is problematic in terms of the constitution," Pavol Polaacute#269ek from the Polaacute#269ek Partners law firm told Hospodaacuterske Noviny, adding that there is also the question of compliance with EU legislation.
As he explained, SPP is a natural monopoly and the draft law only strengthens its position in the market.The Constitutional Court has already dealt with similar distrainment immunity four times.
In all cases the court ruled that the distrainment immunity is a problem, Hospodaacuterske Noviny wrote.
The numbers of old proceedings are declining substantially, so we do not consider their complete cancellation appropriate, said Stanislava Kolesaacuterovaacute of the Slovak Chamber of Executors (SKE).Besides the quicker settlements of distrainments, the decline stems from the growing interest in personal bankruptcies.
However, this is not always the case, says Eva Kovaacute#269echovaacute, director of the Centre for Legal Aid.Any solution to old distrainments could, therefore, help debtors and ease the courts, Kovaacute#269echovaacute told The Slovak Spectator.
Preparation of amnestyWith the Extraordinary Measures to Deal with Old Distrainments, which is the official name of the amnesty, the government wants to cover old, unsolved distrainments, an idea that began to emerge during the mandate of former justice minister Lucia #381it#328anskaacute (Most-Hiacuted), who prepared the paragraph text of the law in cooperation with all ruling parliamentary clubs.The current leadership under Gaacutel wants to put the amnesty to real use.
The coalition spoke about the distrainment amnesty beginning last May.
7 million distrainment proceedings currently handled by the courts.
The opposition Sme Rodina (We Are Family) movement failed to push through a distrainment amnesty in the past.