Act No. 173 / 2018 Coll.
Act amending Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, and Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings
Valid
Effective from 01.12.2018
173
THE LAW
of 19 July 2018
amending Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, and Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings
Parliament has decided on this law of the Czech Republic:
Amendment to the Constitutional Court Act
Act No. 182 / 1993 Coll., on the Constitutional Court, as amended by Act No. 331 / 1993 Coll., Act No. 236 / 1995 Coll., Act No. 77 / 1998 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 48 / 2002 Coll., Act No. 202 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 114 / 2003 Coll., Act No. 83 / 2004 Coll., Act No. 120 / 2004 Coll., Act No. 234 / 2006 Coll., Act No. 342 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 275 / 2012 Coll., Act No. 404 / 2012 Coll., Act No. 303 / 2013 Coll. and Act No. 90 / 2017 Coll., is amended as follows:
1. Paragraph 4 (2) is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
2. Paragraph 133 (2), including footnote 9, reads:
"(2) The disciplinary action shall also be brought against a judge who commits an offence and shall request the authority responsible for the infringement to be dealt with in a disciplinary action. The disciplinary procedure shall be initiated in accordance with the procedure laid down in Article 134 (1) and (2) on the basis of a referral by the competent authority in accordance with the specific legislation9).
9) Paragraph 64 (1) (b) of Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings. '.
3. Paragraph 141, including footnote 10, reads as follows:
(1) The Board of Appeal shall decide, in accordance with Rule 133 (1), that the conduct referred to in the order initiating the disciplinary procedure shall be charged to the judge or the disciplinary proceedings shall be terminated if no disciplinary action has been established.
(2) A penalty may be imposed on the court for an infringement under Paragraph 133 (2), which is laid down in a separate legislature10).
10) For example Act No 251 / 2016 Coll., on certain offences. '
4. In Article 144 (1), the words "of a criminal offence pursuant to Article 133 (1) 'shall be inserted after the words" of a disciplinary action'.
Amendment of the Liability and Procedure Act
Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings, is amended as follows:
1. In Article 4 (3), the words "Member or Senator 'are replaced by the words" Member, Senator or Judge of the Constitutional Court'.
2. In Article 4, at the end of paragraph 4, the sentence "According to this law, the offences committed by the judges of the Constitutional Court shall be further dealt with unless they request the authority responsible for the infringement to deal with the infringement in accordance with another law."
3. In Article 76 (1), the words "or by a judge of the Constitutional Court who has requested the authority responsible for dealing with an offence in disciplinary proceedings under another law 'shall be added at the end of the text in point (c).
4. In Article 86 (1), the words "or by a judge of the Constitutional Court who has requested the authority responsible for dealing with an offence in disciplinary proceedings under another law 'shall be added at the end of the text of point (e).
TRANSITIONAL PROVISIONS
The proceedings which have the characteristics of an offence committed by a judge of the Constitutional Court before the date of entry into force of this Law shall be dealt with in accordance with the existing legislation.
EFFECTIVE
This Act shall take effect on the first day of the fourth month following its publication.
z. Filip v. r.
Zeman v. r.
Babiš v. r.
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Regulation Information
| Citation | Act No. 173 / 2018 Coll., amending Act No. 182 / 1993 Coll., on the Constitutional Court, as amended, and Act No. 250 / 2016 Coll., on Liability for Infringements and Proceedings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.08.2018 |
|---|---|
| Effective from | 01.12.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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