Response to consultation on Guidelines on procedures for complaints of alleged infringements of the PSD2
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However rest of the information required by the draft Guidelines [proposed Guideline 2.1 c) and d)] is not required by the Czech law and competent authority is obliged to accept complaints even without it – no additional information is required.
Generally, it should be noted that the process of complaint submission, reply etc. is solved by national administrative procedures. Guidelines should give enough flexibility to competent authorities. Otherwise, competent authorities can comply with guidelines. For national administrative procedures shall be followed in any case.
Question 2: Do you agree with the proposed Guideline 2 on the information to be requested from the complainant when the complaint is submitted, and to be recorded by competent authorities, as and when provided? If not, please provide your reasoning.
Ministry of Finance of the Czech Republic points out that the process of requesting information from the complainants is already being regulated by general administrative law of member states. For example the Administrative Procedure Code (Act No. 500/2004 Coll.) of the Czech Republic requires complainants to provide competent authority with the identity and contact details including an indication whether the complainant is a legal or natural person. A description of the situation complainant is complaining about is also required.However rest of the information required by the draft Guidelines [proposed Guideline 2.1 c) and d)] is not required by the Czech law and competent authority is obliged to accept complaints even without it – no additional information is required.
Generally, it should be noted that the process of complaint submission, reply etc. is solved by national administrative procedures. Guidelines should give enough flexibility to competent authorities. Otherwise, competent authorities can comply with guidelines. For national administrative procedures shall be followed in any case.