Kovářová (STAN): This is a fee for legal services, not a commission for the law

Ladies and gentlemen,

I will only clarify some of the questions or answers or statements that have been made here in previous speeches. First of all, I would like to say to President Fiala, through the President, that the declarations of ownership of politicians, who, as you say, do not want to be shown by Mr Hlubuček, must therefore be accessible to the public. Unfortunately, during the last election period, the SPD movement and the YES movement blocked the application of the third reading law on conflict of interest, when the registers had already been closed and the Constitutional Court ordered us to rectify the Chamber of Deputies and the government by the end of 2020.

Unfortunately, unfortunately, this amendment was tabled – by MPs, not by the government. You, the SPD movement and the YES movement blocked this. So don’t be surprised, don’t be surprised that the registers are closed. First of all. Next, I would like to respond to the statements on the MEP’s conflict of interest. Each MEP – and here, in this case, MEP Polčák and his advocacy – can practice this MEP in his own country, and he must also indicate this in the declaration of European property, which MEP Polčák does , and it is easy to verify.

It makes sense that MEPs, senators, MEPs, such as lawyers, doctors, scientists and university professors, had a hard time returning to their fields. In short, the European Union makes this possible, the European Parliament, and I think there are many examples here in the Chamber of Deputies or in the Senate, and I find this completely normal, because a doctor must follow his field, lawyers too, university professors too. It is therefore simply a matter of knowing what the conflict of interest is and whether the MEP can practice law in the Czech Republic.

  • ATTEMPTED
  • Deputy Speaker of the Parliament of the Czech Republic

For Vice-President Mračková Vildumetz, through the President, we will simply recall that after this inaction on the law which allowed municipalities to compensate municipalities, the government did not prepare such a law. This law was tabled by a number of deputies here in the Chamber of Deputies, when MP Hamáček, MP Vondráček, MP Gazdík were the first to sign, short and long, to be clear, this law was tabled by deputies. I would also like to comment on association with regard to the Association of Local Authorities.

Years ago, small municipalities and towns suffered from tax discrimination in terms of budget determination of taxes. It was important and these small villages did not even have enough for their operation. Mayors and mayors have pointed this out for years, unfortunately the Union of Towns and Municipalities has done nothing about it, and so these small municipalities and towns have come together in the Association of Local Authorities to to be able to enforce, because there were, today there are more than 2 thousand, to be able to enforce this change in the budgetary distribution of taxes in order to eliminate tax discrimination, while the Union of Towns and Municipalities s opposed such a decision for years.

And I think the mayors appreciate that there has been a correction, and it also shows in these municipalities, because a third of the funds, if they were good, could have been used for investment. So that’s just why the Association of Local Authorities was set up as a so-called – as mentioned here – counter organization to the Association of Local Authorities.

President Tomio Okamura, through the President, said such information is circulating here. And I’d like to read a few pieces of information that I think would do them good to be here too.

This concerns Mr Polčák’s statement and the information on the course of the whole case, because quite often it gives me the impression that the information you have comes from one article, and that is not enough.

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We would therefore like to point out that the Compensation Legal Services, the deputy, as a lawyer, agreed to be represented in April 2021. At that time, the municipalities had to submit their proposals to the regional office of the Zlín Region . There was a danger that the time limit provided by the IRS Act would expire. After the discussion with the mayor, Mr. Polčák handed them a written proposal and stressed that he would work on the matter as a lawyer with the method of success fees. And because at the time he didn’t really know how hard he was working on things or working with co-workers what the right course of action would be, they didn’t explicitly set a pass percentage on things. He also knew that he would be rewarded after leaving the judicial services and that the case would be settled by mutual agreement. Mr. Polčák further states that he stated that he would not come forward as a politician.

The municipalities accepted this agreement and subsequently issued a power of attorney and provided the documents for the file. He started working on the case without any other invoices except for the initial advance, which he did not issue afterwards.

After reviewing the documents, he recognized that the case was extremely complex and agreed to cooperate in this case with other lawyers. Municipalities’ proposals, submitted in accordance with Act 239/2000 Coll., On the Integrated Rescue System, completed and prepared detailed documents. They also analyzed the legal options for obtaining compensation, but no legal solution led to a simple objective for municipalities and no longer allowed general compensation for citizens. And what was the experience of citizens? Until then, all requests were rejected by the regional office in Zlín.

At the beginning of June 2021, they discussed the discussion that the issue could be successful for both municipalities and citizens through the adoption of a special law. They prepared all the documents for him together with his colleagues on behalf of the municipalities and calculated the individual proposals.

And as has already been said here, the law was drafted in such a way that it also excluded from claiming people who stayed there for a long time and felt the same damage as the rightful claimants. These are therefore citizens of the municipalities concerned who have their permanent residence at the civil status office, persons who have their effective residence, including foreigners. And there are about 300 qualified people in all the municipalities.

The problem was exposed in the Senate, but the mayors were horrified. If this proposal were to be returned to the House, there was a risk of it falling under the table, so they agreed that, given the significant risk, the legislation would be approved and sent to the President and then to the individual legal departments to these to supply the so-called people neglected by the municipalities and also on behalf of the lawyer Polčák and his colleagues.

This means that the services that have been and will be provided are of a different nature and have approximately three components. The first is the introductory agreement, which in April 2021 covered the compensation of municipalities, the interest of municipalities in compensating their citizens. The second area, which is from September 2021, is other legal services, legal assistance to left-behind citizens. Thus, it is the care of those who were not entitled to compensation according to the law, even if they resided in the municipalities or had a permanent residence in the declaration office. The third area, which is from February 2022, is the administration of public procurement in the implementation of development projects for the compensation obtained.

To sum up, it is a contract as the only remuneration for this global legal service, and not as a commission of the law, as is often said here.

Services were to be provided with realistic expectations for another two years and settled by this one-time award. The hourly rate would be several orders of magnitude lower than presented in the list of reports.

Only the first circle of legal services was closed, the list of acts was only for this closed circle, and in the list of acts were only those that fully complied with the rules of the law in addition to written documents, preparations and meetings with the mayor, authorities meetings in which Polčák participated mayors who requested his participation as their legal representative. Of course, the number of private meetings does not include, as shown here.

I wanted this information to be heard here and to start circulating here in this area as well.

Thank you.

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author: PV

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