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In provisions of Sec. 94 to Sec. 114 the procedural provisions are regulated in such manner that the Act No. 71/1967 Coll. on Administrative Proceedings shall not apply to proceedings within the scope of activities of NBS under the new Banking Act. The reason for this regulation is that proceedings of NBS are too specific and several provisions of the Act on Administrative Proceedings cannot be applied (e.g. provisions on appeal procedure and examination of decisions beyond the appeal procedure). At the same time, the reason is also that NBS is not a body of state administration. Decision-making of NBS however belongs to the sphere of decision-making in the area of public administration, and thus its decisions may be examined by a court pursuant to the Civil Procedure Code as decisions of a legal entity in the area of public administration, eventually as decisions of a legal entity which is entrusted with decision-making on rights and obligations of individuals and legal entities.
Procedural provisions relate to proceedings in matters entrusted to NBS by the new Banking Act in which rights, obligations and interests of individuals and legal entities protected by law are decided. The proceedings may commence on the basis of a written application of the party to the proceedings or upon the NBS motion itself.
In the new Banking Act, it is expressly stipulated that the proceedings at first level are decided by banking supervision bodies. An appeal against a decision of banking supervision of NBS is decided on by the Banking Council of NBS.
In comparison with the Act No. 71/1967 Coll. on Administrative Proceedings, mainly periods for decision-making are differently regulated. In accordance therewith, a body of banking supervision of NBS has to decide on an application for granting an approval pursuant to the new Banking Act not later than within (3) three months from the delivery of a complete application. It has to decide on an application for granting a banking licence within a period of (6) six months from the delivery of a complete application at the latest.
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