I need to file an appeal

You have the right to appeal against a decision of the Office issued in security proceedings if you do not waive this right in writing after delivery of the decision or if the law does not provide otherwise (Section 125 of the Act).  

The digestion must contain:

1. identification party – first name, surname and social security number; 

2. address of permanent residence; where applicable, the address for service; 

3. Date and signature a party to the proceedings; 

4. Identification of the decision against which an appeal is filed (i.e. reference number and date of issue); 

5. what a party to the proceedings seeks (e.g. annulment of the decision of the Office not to issue a security clearance document, annulment of the decision of the Office to revoke the validity of a security clearance document); 

6. reasons, for which the contested decision is incorrect, or what the party considers to be contrary to the law (i.e. the party specifically describes the reasons why it does not agree with the contested decision). An appeal may be brought against the operative part of a decision, not against the grounds of that decision.

You can file an appeal with the Office within 15 days from the date of service of the decision (Section 126(1) of the Act). If you miss the deadline for filing an appeal for serious reasons, you can apply to the Office for its remission within 15 days from the date on which the cause of the missed appeal ceased to exist. The condition, however, is that the application for remission must be accompanied by an appeal itself. 

You can submit an appeal:

1. through the NBÚ Portal (After logging in through the bank identity or data box of an individual, you select an option Dissolution (appeal against the decision of the NSA issued in the proceedings),

2. by delivery to the Office’s data box (Office ID – h93aayw),

3. by delivery to the Electronic Filing Office This email address is being protected from spambots. You need JavaScript enabled to view it. with a recognised electronic signature established for private purposes,

4. by post or by the holder of a special postal licence the  address The Office.

Below you will find information on which decisions can be appealed against, including the procedure for deciding on the appeal.

The following decisions of the Office may be appealed against:

1. the decision of the Office on non-issuance a security certificate (Section 121(2) of the Act);

2. the decision of the Office on invalidation proof of security capacity (Section 121(3) of the Act) – submission of an appeal does not have suspensive effect in this case;

3. resolution of the Office on discontinuation of proceedings (Section 113(1)(c), (d) and (h) and Section 113(2) of the Act),

4. the decision of the Office on an appeal (Sections 128 and 129 of the Act),

5. the Corrective Decision Office (Section 122(6) of the Act). 

The appeal is first dealt with by the Office, i.e. the organisational unit of the Office which issued the contested decision. The Office shall proceed as follows:

1. if the dissolution under the law is inadmissible or was filed after the expiry of the period, if its default by the Office has not been pardoned, the Office shall Rejects by decision, against which further dissolution may be filed (Section 128 of the Act)

2. if it finds reasons for doing so, comply Office of an Apply in its entirety and annul the contested decision; (so-called autoremedura); an appeal may again be brought against such a decision (Section 129(1) and (2) of the Act);

3. if the Office does not decide on any of the above methods, Submits an apply together with its opinion and all file material within 15 days of delivery to the Director of the Office (Section 129(3) of the Act).

The Director of the Office decides on an apply on the basis of a proposal of an apply committee (Section 130 of the Act) within 3 months from the date of its delivery (Section 131(9) of the Act). The Director of the Office shall decide in one of the following ways:

1. if there are grounds pursuant to Section 131 of the Act (e.g. the party to the proceedings has withdrawn an apply), an apply proceedings stops (Section 131(2) of the Act); if a party to the proceedings dies, has been declared dead, has been annulled or has ceased to exist (Section 131(1)), the dissolution proceedings shall also be discontinued;

2. if it finds reasons for this, dissolution against the decision to revoke the validity of the certificate of a natural person, the certificate of the entrepreneur upholds and annuls the contested decision; (Section 131(5) of the Act); together with the decision on dissolution, the party to the proceedings is sent back a security certificate, the validity of which is renewed on the date on which the decision on dissolution becomes final (i.e. the date of service) – Section 132 of the Act; proceedings for the revocation of the validity of a security certificate pursuant to Section 101 of the Act shall continue;

3. if it finds reasons to do so, an appeal against the decision not to issue a security certificate upholds and annuls the contested decision;; on the date of delivery of the decision on the dissolution of the party to the proceedings, security proceedings are initiated by the Office (Section 93(1)(d) of the Act), this security proceedings shall be terminated by the Office within the time limit specified for the type of security proceedings in Section 117 of the Act,

4. if it finds reasons, dissolution against the decision to discontinue the safety procedure upholds and annuls the contested decision;; on the date of delivery of the decision on the dissolution of the party to the proceedings, the Office shall continue the security proceedings, which it shall conclude within the time limit laid down for the type of security proceedings in Section 117 of the Act,

5. in the event that it finds no grounds for discontinuing the appeal or annulling the contested decision, the appeal rejects and upholds the contested decision; (Section 131(7) of the Act). 

The grounds for upholding the appeal, annulling the contested decision and referring the case back to the Office for reconsideration and decision, as set out in points 2 to 4, are the finding that the operative part of the contested decision was issued in breach of the law or is otherwise incorrect, or the finding that facts having an impact on the decision occurred after the contested decision was issued (Section 131(6) of the Act). 

APPLICATION

The decision of the Director of the Office on an apply may be filed action pursuant to Act No. 150/2002 Coll., the Code of Administrative Procedure. An action may be brought against a decision of the Director of the Office pursuant to Section 131(2)(b), Section 131(3)(b) and Section 131(5) to (7) of the Act.

The action shall be brought within the time-limit 30 days from the date of service of the contested decision, to the competent regional court adjudicating in administrative justice – i.e. the Municipal Court in Prague (Section 133(1) of the Act).