Decree No. 188 / 2007 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, as amended by Decree No. 172 / 2003 Coll.

Valid Order Effective from 07.08.2007
188
DECLARATION
of 16 July 2007
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, as amended by Decree No 172 / 2003 Coll.
The Ministry of Justice provides, pursuant to § 109 (2) and § 111 (3) of Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of the Courts and on the amendment of certain other laws (Act on Courts and Judges), and under § 40 (1) (c) and (d) of Act No. 283 / 1993 Coll., on Public Prosecutor, as amended by Act No. 14 / 2002 Coll.:
Čl. I
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, as amended by Decree No. 172 / 2003 Coll., is hereby amended as follows:
1. Paragraph 2 (1) reads as follows:
"(1) The selection procedure for the preparatory service (hereinafter referred to as" the selection procedure ") shall be announced by the President of the Regional Court or the Regional Prosecutor (3) after consultation with the Ministry of Justice (hereinafter referred to as" the Ministry ") as required by the vacancy of the candidates."
2. Paragraph 3 is deleted.
Paragraph 4 shall become paragraph 3.
3. In Article 5 (2), the words "Judicial Academy and Approved 'shall be inserted after the words" ready'.
4. Paragraph 5 (6) reads as follows:
"(6) Applications for applications from candidates who have been assessed at the" proposed to be admitted "level at the admission interview shall be sent without delay by the President of the Regional Court or the Regional Prosecutor, together with the accompanying documents, to the professional psychological centre (§ 6 (3)) for the examination of the candidate. '
5. In Paragraph 5 (7), the word "not recommended 'is replaced by" not proposing'.
6. Paragraph 6 (2) reads as follows:
"(2) The examination shall be carried out by the President of the Regional Court or by the Regional Prosecutor. ';
7. Article 7, including footnote 5a, reads:
„§ 7
(1) The expert psychological centre shall immediately send the results of the examination, together with the application and supporting documents, to the competent President of the Regional Court or to the competent Regional Prosecutor for further action.
(2) In order to find more detailed information on the result of the examination of the candidate, the competent President of the Regional Court or the Regional Prosecutor shall request the opinion of the professional psychological centre which the examination of the candidate has carried out.
(3) More detailed information on the result of the examination of the candidate shall be permitted to be communicated by the professional psychological centre only on the basis of the prior written consent of the candidate to be examined, to the extent that the applicant has written consent defined; In doing so, consistent protection of personal data should be ensured in accordance with the specific legislation (5a).
5a) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. '.
8. § 8a is deleted.
9. Paragraph 13, including the title and footnotes Nos 8a to 8c, reads:
„§ 13
Waiting
(1) The candidate shall follow the instructions of the President of the Court or of the Head of the Prosecutor and of the designated trainers, carry out the tasks assigned to him under the conditions and to the extent provided for in the specific legislation8a), participate in the preparatory service plan for educational activities and complement and deepen his expertise through a separate study.
(2) The candidate is entitled to comment on the records in his personal record and on the content and quality of the training actions organised under the preparatory service.
(3) After a professional judicial examination, the candidate whose employment has been changed to an indefinite employment relationship shall carry out the actions of the court entrusted under the special rule of law to the superior judicial officer.
(4) After the final examination, the legal candidate whose employment has been changed to an indefinite employment relationship shall perform the acts of the Prosecutor's Office under the special legislation (8c).
8 (a) Paragraph 113 (1) of the Law on Courts and Judges. § 6 of Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended. Article 33 (7) of the Public Prosecutor's Act. § 11 of Decree No. 23 / 1994 Coll., on the Rules of Procedure of the Public Prosecutor's Office, the establishment of branches of certain public prosecutors and details of acts carried out by legal candidates, as amended.
8b) Paragraph 116 of the Law on Courts and Judges. Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended.
8c) § 34 (7) of the Prosecutor's Office Act. § 11 of Decree No. 23 / 1994 Coll., as amended. '
Čl. II
Efficacy
This Decree shall take effect on the 15th day following its publication.
Minister:
JUDr. Pospíšil v. r.

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Regulation Information

CitationDecree No. 188 / 2007 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, as amended by Decree No. 172 / 2003 Coll.
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation23.07.2007
Effective from07.08.2007
Effective until-
Status Valid
The regulation text is for informational purposes only.
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