Decree No. 172 / 2003 Coll.
Decree amending Decree No. 303 / 2002 Coll., on the selection, acceptance and training of judicial and legal candidates and on the professional judicial examination and the professional final examination of legal candidates
Valid
Order
Effective from 12.06.2003
Text versions:
12.06.2003
172
DECLARATION
of 29 April 2003
amending Decree No 303 / 2002 Coll., on the selection, acceptance and training of judicial and legal candidates and on the professional judicial examination and the professional final examination of legal candidates
The Ministry of Justice provides, pursuant to § 109 (2), § 111 (3) and § 114 (4) of Act No. 6 / 2002 Coll., on the Courts, Judges, Addresses and Government Administration of the Courts and on the amendment of certain other laws (Act on Courts and Judges), as amended, and under § 40 (1) (c) and (d) of Act No. 283 / 1993 Coll., on the Prosecutor, as amended:
Decree No. 303 / 2002 Coll., on the selection, acceptance and training of judicial and legal candidates and on the professional judicial test and the professional final examination of legal candidates, is amended as follows:
1. Paragraph 2 (2) and (3) read:
"(2) The selection procedure shall be announced through the daily press, on the Ministry's website and by hanging on the official record of all regional and district courts and regional and district prosecutors. The publication of a tender in the daily press shall include a deadline for the submission of applications for participation in the selection procedure (hereinafter referred to as" the application '), a designation of the Regional Court or the Regional Prosecutor for whose district the tender is declared and a reference to the possibility of getting to know details of the conditions for participation in the selection procedure and its conduct. The detailed information on the selection procedure shall include a model application. The selection procedure shall be announced at least two months before the deadline set for the submission of applications.
(3) The selection procedure shall include the examination of the application, the written test, the interview before the commission of the relevant Regional Court or the relevant Regional Prosecutor (hereinafter referred to as the "admission interview ') and the psychological diagnostic examination (hereinafter referred to as the" examination'). '.
2. In Paragraph 2 (4), the words "a psychologist who" are replaced by the words "he who."
3. In Article 2 (6), the words "in the event of an examination or a structured interview, this shall be done on the basis of a proposal from the Director of the Judicial College 'shall be deleted.
4. Paragraph 3 (5) is deleted.
5.
Written test
(1) The written test will verify the basic expertise and assumptions of the candidate for admission to the preparatory service on the basis of a uniform methodology, prepared by the Judicial Academy and approved by the Ministry, including how the results of the written test are assessed.
(2) Successful management of the written test is a condition for further participation of the candidate in the selection procedure.
(3) The candidate who failed the written test will be excluded from the selection procedure by the President of the Regional Court or the Regional Prosecutor; a written notification of this shall be sent to the tenderer.
Admission interview
(1) The candidate shall be subjected to an interview which aims at an overall assessment of the candidate's assumptions for admission to the preparatory service. An admission interview shall be conducted by a committee composed of judges or prosecutors operating in the district of the relevant Regional Court or the relevant Regional Prosecutor's Office. The President and the members of the Commission shall be appointed by the President of the Regional Court or the Regional Prosecutor in such a way that the Committee has an odd number of members. An authorised representative of the Judicial College (hereinafter referred to as the "representative of the Judicial College ') shall attend the Admission Interview, who shall reply in writing to the outcome of the Admission Interview.
(2) The content of the interview and the criteria for its evaluation shall be determined by the President of the Regional Court or the Regional Prosecutor on the basis of a methodology prepared by the Ministry.
(3) Part of the interview is supposed to be the determination of the district court or district attorney, with which the candidate will perform the preparatory service.
(4) The result of an interview shall be evaluated at the "proposed to be accepted 'or" not proposed to be accepted' level.
(5) The outcome of the interview shall be presented by the Commission, together with a brief overall evaluation and its justification and a written statement by the representative of the Judicial College to the President of the Regional Court or the Regional Prosecutor.
(6) The application shall be sent by the President of the Regional Court or the Regional Prosecutor without delay, together with the attached documents, to the Ministry to arrange the examination.
(7) Candidates evaluated by a stage "is not recommended to be admitted" by the President of the Regional Court or the Regional Prosecutor. The written notice of elimination shall be delivered to the tenderer.
Investigations
(1) The purpose of the examination is to assess the characteristics and other personal assumptions of the candidate for the performance of the duties of judge or post of prosecutor (hereinafter referred to as "personality"); the requirements for the personality of candidates shall be determined by the Ministry taking into account the knowledge obtained from the Judicial Academy, Courts and Public Prosecutor's Office. The result of the examination shall be one of the supporting documents for the admission of the candidate to the preparatory service.
(2) The examination is carried out by the Ministry.
(3) The examinations shall be carried out by specialised psychological centres selected by the Ministry.
(4) The result of the examination of the candidate shall be assessed at "recommended '," recommended' and "not recommended '.
The Ministry shall immediately send the results of the examinations together with the application and the supporting documents to the competent President of the Regional Court or to the competent Regional Prosecutor for further action. '.
6. In Article 8 (1), the words "and the words of the Judicial Academy 'are replaced by the words" and the words of the representative of the Judicial College in the interview for admission (§ 5 (1) and (5))' and the words "and no appeal can be lodged against him 'are added at the end of the sentence of the second sentence.
7. In Paragraph 8 (2), the sentence "If the sole reason for not accepting a candidate is the lack of vacant posts, that fact must be stated in the written notice of non-admission to the preparatory service. '
8. In Article 8, the following paragraph 3 is added:
"(3) The President of the Regional Court or the Regional Prosecutor shall, without undue delay, send a list of accepted candidates to the Ministry and the Judicial Academy. ';
9. The following Section 8a is inserted after Section 8:
(1) A candidate assessed at an admission interview by a degree "is proposed to be admitted" which has not been admitted to the preparatory service solely because of a lack of vacant posts, has the right to submit to an admission interview at a regional court or a regional prosecutor other than the one for which he has applied for, provided that a selection procedure has also been issued for that court or public prosecutor for which the candidate has participated, and that there is a vacancy for the candidate in that court or public prosecutor. The examination shall not be repeated in this case.
(2) The applicant must apply for the interview referred to in paragraph 1 to be carried out by the competent President of the Regional Court or the Regional Prosecutor concerned no later than one month after the written notice of non-admission to the preparatory service (§ 8 (2)); where there is no longer a vacant post of the candidate at the competent Regional Court or Regional Prosecutor, the competent President of the Regional Court or the competent Regional Prosecutor shall reject the application and inform the applicant thereof without delay. ';
10. In Paragraph 14 (2), the word "professional 'shall be inserted after the word" progress'.
11. in Article 15, the following paragraph 4 is added:
"(4) The duration of the written part of the professional examination shall not exceed six hours. At the end of this period, the candidate is obliged to submit his written work to the supervising officer, even if he is not finished."
12. in Paragraph 16 (3):
"(3) In the oral part of the professional examination, the candidate shall also obtain a basic knowledge of the law of the European Communities and of the European Union and orientation in the basic sources of international law. ';
13. In Article 16, the following paragraph 7 is added:
"(7) The duration of each candidate's oral examination shall not exceed two hours."
Transitional provision
Candidates who took part in a selection procedure launched in 2002 and were not admitted to the preparatory service of the judicial candidates or to the waiting practice of the legal candidates for lack of vacancies, even though they were assessed in the "proposed for admission 'grade at the admission interview, may apply for an admission interview at the Regional Court or at the Regional Prosecutor's Office in the first selection procedure, announced after the date of entry into force of this decree, within the time limit set for filing the application in this invitation. The psychological diagnostic examination shall not be repeated in this case.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Rychetský v. r.
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Regulation Information
| Citation | Decree No. 172 / 2003 Coll., amending Decree No. 303 / 2002 Coll., on the selection, acceptance and training of judicial and legal candidates and on the professional judicial examination and the professional final examination of legal candidates |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.2003 |
|---|---|
| Effective from | 12.06.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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