Act No. 192 / 2003 Coll.
Act amending Act No. 6 / 2002 Coll., on Courts, Judgments, Addresses and Government Administration of Courts and amending certain other laws (Law on Courts and Judges), as amended, Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, and certain other laws
Valid
Law
Effective from 01.07.2003
Contents
ČÁST PRVNÍ
Čl. I
㤠120
§ 121
㤠122a
„Díl 3
§ 123
§ 124
§ 125
§ 126
§ 127
§ 128
„Díl 4
§ 129
§ 130
§ 131
§ 132
§ 133
㤠174a
ČÁST DRUHÁ
Čl. II
㤠13e
§ 13f
§ 13g
㤠20
㤠34a
ČÁST TŘETÍ
Čl. III
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
㤠13a
ČÁST SEDMÁ
Čl. VII
ČÁST OSMÁ
Čl. VIII
㤠27a
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
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192
THE LAW
of 10 June 2003
amending Act No. 6 / 2002 Coll., on Courts, Courts, Addresses and Government Administration of the Courts and amending certain other laws (Law on Courts and Judges), as amended, Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Law on Courts and Judges
Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of the Courts and amending certain other laws (Law on Courts and Judges), as amended by Act No. 151 / 2002 Coll., Act No. 228 / 2002 Coll. and the Constitutional Court found published under No. 349 / 2002 Coll., is amended as follows:
1. In Paragraph 15 (2), the sentence "The President and Vice-President of the Supreme Court shall, in addition to the decision-making activities, also be inserted after the first sentence, to the extent provided for by this law."
2. Paragraph 22 (1) reads as follows:
"(1) The President of the Supreme Court shall, after consultation in plenary, issue the Rules of Procedure of the Supreme Court."
3. In Article 23 (2), the words "or to adopt Rules of Procedure 'are deleted.
4. In Article 26 (2), the sentence "The President and Vice-Presidents of the Supreme Court shall, in addition to the decision-making activities, also be inserted after the first sentence, to the extent provided for by this law."
5. In Article 30 (2), the sentence "The President and Vice-Presidents of the Regional Court shall, in addition to the decision-making activities, also be inserted after the first sentence of Article 30 (2), to the extent provided for by this law, the administration of the Regional Court and the administration of the District Courts which belong to its constituency."
6. In Paragraph 34 (2), the sentence "The President and Vice-President or Vice-Presidents of the District Court shall, in addition to the decision-making activities, also be inserted after the first sentence, to the extent provided for in this Law. '
7. in Article 42 (1) (d) and (e), the words "longer than 3 months" shall be deleted;
8. In Paragraph 42 (4), at the end of the last sentence, the words "or if a new judicial department has been set up or cancelled 'shall be added.
9. In § 50 (2), first sentence, § 51 (2), third sentence, § 52 (2), third sentence and in § 53 (2), third sentence, the words "3 weeks' are replaced by the words" 5 working days'.
10. in Paragraph 60 (1), "25" is replaced by "30."
11. in Article 68 (1), the words "to the Ministry" shall be inserted after the words "for a maximum of 1 year";
12. in Article 68 (2) (b) and (c):
"(b) the Minister of Justice, if the Judge is temporarily assigned to the Ministry or to the Judicial Academy, if the President of the Court to which the Judge is assigned pursuant to Paragraph 67 or transferred pursuant to paragraphs 71 and 72 for the performance of his duties agrees to the temporary secondment,
(c) in other cases, the Minister of Justice, acting on a proposal from the competent President of the Regional Court, the Supreme Court, the Supreme Court or the Supreme Administrative Court to which the Judge is to be seconded on a temporary basis, if the President of the Court to which the Judge is assigned pursuant to § 67 or translated under § 71 and 72 to perform his duties; The President of the Regional Court shall also make an application if the Judge is temporarily assigned to the District Court in its jurisdiction. ';
13. In the first sentence of Paragraph 69 (1), the words "the circumference of which is adjacent to the circumference of the court to which it was assigned pursuant to Paragraph 67 or translated under Paragraph 71 'are deleted.
14. In Article 71, the following paragraph 4 is added:
"(4) When transferring a judge to a higher degree court, account shall be taken of the professional level of the translated judge. ';
15. in Paragraph 74 (2):
"(2) The function of a judge is incompatible with the functions and activities laid down by law. With the exception of the office of President of the Court or Vice-President of the Court, the Judge may not, at the same time as the office of Judge, hold any other office in the public administration. The post of associate shall not be compatible with that of a member of Parliament's Chamber, as well as with other activities covered by the law. ';
16. in Paragraph 82 (2):
"(2) The judge shall be obliged to ensure continuous education on the deepening of his legal and other expertise required for the proper performance of his duties. In addition to independent studies, he uses mainly educational events, organised by the Judicial Academy, or courts and universities. '
17. In Paragraph 85, the words "and court officials, or activities related to temporary secondment to the Ministry or to the Judicial Academy," shall be inserted after the words "in addition to the duties of the Judge."
18. In Paragraph 87, the words "professional 'are inserted after the words" impartial'.
19. in Paragraph 88, the following paragraph 4 is added:
"(4) The reduction in salary provided for in paragraph 1 (b) shall apply to a case against a judge from the first day of the month following the date of the decision to impose a measure. ';
20. in Paragraph 99 (1) (c), the words "to the Ministry or" shall be inserted after the words "temporarily assigned to."
21. Paragraph 99 (3) reads:
"(3) For the period of suspension referred to in paragraph 1 (a), the Judge shall be entitled to pay and other formalities relating to the performance of the duties of Judge of the Constitutional Court. For the period of suspension referred to in paragraph 1 (b), the Judge shall be entitled to pay and other formalities relating to the performance of the duties of Judge under special legislation, (3) unless the performance of the duties of Judge of the International Court is linked to the provision of remuneration. For the period of suspension referred to in paragraph 1 (c), the Judge shall be entitled to pay and other formalities relating to the performance of the duties of Judge under special legislature.3) '.
22. in Article 100 (1) (b):
"(b) where the disciplinary action is prosecuted for such disciplinary action for which disciplinary action may be imposed, for a period until the final end of disciplinary action,";
23. In Paragraph 100 (2), the words "50% of his current salary 'are replaced by the words" 50% of the salary to which the Judge was entitled on the date of the suspension and, for the duration of the suspension, entitlement'.
24. In Section 100, the following paragraph 4 is added:
"(4) A Judge may, within five working days of his service, object to a court having jurisdiction under a special law relating to disciplinary proceedings against a decision temporarily waiving his duties under paragraph 1 (b); (a) the submission of objections shall not have suspensory effect.
7a) § 3 (2) (a) of Act No. 7 / 2002 Coll. '.
25. In Article 102, the following paragraph 3 is added:
"(3) The President of the College and the President of the Chambers of the Supreme Administrative Court shall be appointed from among the Judges of that Court by the President of the Supreme Administrative Court. '
26. in Paragraph 106 (1):
"(1) The President and Vice-President of the Court may be removed from office by the person who appointed him or her if he or she seriously or repeatedly infringes statutory obligations in the performance of the administration of the courts. The President of the College of the Supreme Court or the College of the Supreme Administrative Court may be removed from office by the person who appointed him if he fails to fulfil his duties properly. '
27. in Article 108 (1) and (3), the words "or Supreme Administrative Court" shall be inserted after the words "Supreme Court";
28. In Paragraph 116 (1), the first sentence is: "The employment of a judicial practitioner who has passed a professional judicial examination shall be extended, with his consent, by 12 months from the date of the professional judicial examination and, if the judicial practitioner has not reached the age prescribed by this law for the provision of a judge, until the date on which the judicial practitioner reaches the age of 31."
29. in Article 117 (1), the words "consent to the provision as a judge and to an assignment to a court" shall be inserted after the words "with the exception of a professional judicial examination."
30. In Article 119, paragraphs 2 and 3 are added:
"(2) The judicial authorities are the President and Vice-President of the Supreme Court, the President and Vice-President of the Supreme Administrative Court and the Presidents and Vice-Presidents of the Supreme, Regional and District Courts.
(3) To the extent and under the conditions laid down by the law, the Presidents of Chambers, the other Judges and the staff of the competent court are involved in the administration of the court. "
31. Sections 120 and 121, including footnotes 7b and 7c, read:
(1) The Ministry shall exercise the administrative authority of the Supreme, Regional and District Courts to the extent provided for by this Law either directly or through the Presidents of those Courts; State administration of district courts may also be exercised by the Presidents of regional courts.
(2) The State Administration of the Supreme Court is carried out by the Ministry through the President of that Court.
(3) The administration and enforcement of the Supreme Administrative Court are governed by specific legislation. 7b)
(4) In matters of State property and state budget, the Ministry of Justice shall always exercise the administration of the courts through its Presidents. (c)
(1) The President of the Supreme Court and the Presidents of the Supreme Court, Regional and District Courts shall exercise the administration of the courts to the extent provided for by this Law.
(2) The Vice-President of the Supreme Court and Vice-Presidents of the Supreme Courts shall exercise the administration of those courts to the extent specified by their President.
(3) The Vice-Presidents of the Regional Court carry out the administration of the Regional Court and the District Courts in its constituency to the extent specified by the President of the Regional Court.
(4) The Vice-President or, as the case may be, the Vice-Presidents of the District Court shall exercise the administration of that Court to the extent specified by its President.
(5) The President of the Supreme Court, the Supreme Court, the Regional Court and the District Court may, while maintaining their own responsibility, entrust the various acts of the State Administration with their approval by the President of the Chamber and the other Judges of the competent court.
7b) Act No. 150 / 2002 Coll., Administrative Rules, as amended by Act No. 192 / 2003 Coll.
7c) § 7 and 8 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations. § 45 of Act No. 218 / 2000 Coll., as amended. '
32. The following Section 122a is inserted after Section 122, including the title and footnote 7d:
Director of Court Administration
(1) The Director of the Administration of the Court, to the extent provided for by this Law, ensures the operation of the Court and certain other activities relating to the exercise of the administration of the State courts; the liability of the President of the Court as a body of state administration is not affected by this. The President of the Court may reserve matters which shall be decided directly.
(2) The Director of the Administration of the Court shall be appointed and dismissed by the President of the Court. The office of Director of the Administration of the Court shall be performed in employment.
7d) § 27 (4) of the Labour Code. '
33. in Part One, Title 3, including the title and footnotes No 7e), (8) and (9):
Enforcement of state administration of courts and the jurisdiction of its bodies
(1) The Ministry exercises the State Administration of the Supreme Court and Supreme Court, Regional and District Courts by:
(a) ensure the running of the courts on an organisational basis, in particular annually, taking into account the number of cases under consideration for each court, the number of judges, assistants, senior judicial officers, judicial secretaries, executors and other staff working with it; it shall be determined by the Supreme Court in agreement with the President of that Court and with the other courts after the competent President of the Court has delivered his observations,
(b) ensure, in the manner laid down by this law, the conduct of the courts on the personnel side;
(c) ensure the functioning of the courts by ensuring the financing of their management and material security to the extent laid down by specific legislation and by carrying out the management checks, 7e)
(d) determine, within the approved budget chapter, the resources of the State Budget intended for the management of the Regional Court and the District Courts in its constituency, to at least the extent of the breakdown of the binding indicators provided by the State Budget Act;
(e) manage and control the exercise of the administration by the Presidents of the Courts in matters of State property and state budget and lay down the jurisdiction to exercise the administration of the courts by the President of the Courts in other matters;
(f) manage and organise the preparatory service of judicial candidates, in particular setting out for each regional court the number of judicial candidates, counting the duration of the exercise of another legal function or practice for the preparatory service (§ 110 (3)) and deciding on the netting of the duration of another legal activity for the preparatory service (§ 110 (4));
(g) organise and conduct expert judicial examinations (Sections 114 to 117);
(h) approve the Statute of the Judicial Academy and supervise its educational and other activities;
(i) organise and manage the training of senior judicial officers, judicial executors and other staff of the courts;
(j) coordinate and direct the training of the members of their duties;
(k) monitor the work of judicial offices;
(l) organise and manage the performance of expert and interpretation activities to the extent provided for by specific legislation, 8)
m) guide and manage the use of information technology;
(n) organise, manage and control the security of defence and civil emergency planning tasks, the protection of classified information, the safety of persons and property, fire protection and safety and health at work tasks;
(o) carry out other tasks provided for by this law or specific legislation.
(2) The Ministry shall monitor and evaluate the procedure of the Supreme, Regional and District Courts in proceedings and decisions only in respect of compliance with the principles of dignity of conduct and of judicial ethics and whether there is no unnecessary delay in the proceedings. To this end, the Ministry
(a) monitor and evaluate the status of judicial agendas on the basis of reports and judicial statistics;
(b) carry out checks on judicial files and level of judicial proceedings;
(c) deal with complaints by natural and legal persons concerning the procedure of the courts (hereinafter referred to as "complaints").
(3) If, in the course of the performance of its tasks, the Ministry becomes aware of the inconsistency of judicial decision-making, it encourages the Supreme Court to deliver an opinion pursuant to Article 14 (3).
(1) The President of the Supreme Court exercises the administration of the Supreme Court by:
(a) ensure that the Court operates on a staffing and organisational basis, in particular by ensuring that the Supreme Court is duly occupied by judges, assistants of judges, experts and other staff and by handling the staff of judges;
(b) ensure the expertise of judges and create conditions for its increase;
(c) ensure that the professional level of assistants of judges and other servants working at the Supreme Court is increased;
(d) supervise the proper functioning of judicial offices;
(e) ensure that information is provided by the court under special legislation, 9)
(f) controls the activities of the Director of the Administration of the Supreme Court;
(g) ensuring the security of the Supreme Court and crisis management tasks;
(h) carry out other tasks provided for by this law or specific legislation.
(2) The President of the Supreme Court shall ensure the dignity of the conduct and respect of the principles of judicial ethics in the proceedings before the Supreme Court and that there are no unnecessary delays in those proceedings. To that end,
(a) carry out checks on judicial files;
(b) oversees the level of judicial proceedings;
(c) deal with complaints.
(3) Within the framework of the tasks referred to in paragraph 2 (a) and (b), the President of the Supreme Court shall initiate the Ministry of Justice on complaints relating to infringements of the law, provided that the conditions laid down in the Criminal Procedure Act are fulfilled.
(4) Director of the Administration of the Supreme Court, with the exception of acts to which only the President of the Court is entitled under this Law or special legislation,
(a) ensure that the Court operates in economic, material and financial terms;
(b) to handle staff matters of staff working at the Supreme Court, with the exception of judges;
(c) ensure the proper functioning of the judicial offices;
(d) carry out other tasks relating to the performance of the State administration of the Supreme Court as directed by the President of the Court.
(1) The President of the Supreme Court exercises the administration of the Supreme Court by:
(a) ensure the running of the Court on a staffing and organisational basis, in particular by ensuring that the Court is duly occupied by senior judicial officers, judicial secretaries and other staff and by handling the staff matters of judges;
(b) ensure the expertise of judges and create conditions for its increase;
(c) to ensure that the professional level of senior judicial officials, judicial secretaries and other servants present at the Supreme Court is increased;
(d) supervise the proper functioning of judicial offices;
(e) ensure that information is provided by the court under special legislation, 9)
(f) checks the activities of the Director of the Administration of the Supreme Court;
(g) ensure the security of the court and the tasks of crisis management;
(h) carry out other tasks provided for by this law or specific legislation.
(2) The President of the Supreme Court shall ensure the dignity of the conduct and respect of the principles of judicial ethics in the proceedings before the Supreme Court and that there is no unnecessary delay in such proceedings. To that end,
(a) carry out checks on judicial files;
(b) oversees the level of judicial action;
(c) deal with complaints.
(3) Within the framework of the tasks referred to in paragraph 2 (a) and (b), the President of the Supreme Court shall give the Ministry initiatives for complaints concerning infringements of the law, provided that the conditions laid down in the Criminal Procedure Act (Criminal Code) are fulfilled.
(4) Director of Administration of the Supreme Court, except in the case of acts to which only the President of the Court is entitled under this Law or special legislation,
(a) ensure that the Court operates in economic, material and financial terms;
(b) to handle staff matters of staff working in that court, with the exception of judges;
(c) ensure the proper functioning of the judicial offices;
(d) carry out other tasks relating to the performance of the administration of the court as directed by the President of the Court.
(1) The President of the Regional Court exercises the administration of the Regional Court and the District Courts in its constituency by:
(a) ensure the running of the Regional Court on the personnel and organisational aspects; to that end, in particular to determine the number of members of that court, to ensure that the court is duly filled by senior judicial officers, judicial secretaries and other staff, and to deal with the staff matters of judges;
(b) the resources of the State Budget, as determined by the administrator of the State Budget Chapter, shall be broken down for the management of the Regional Court and for the management of the District Courts in its district to at least the extent of the breakdown of the mandatory indicators provided by the State Budget Act or the State Budget Chapter Administrator;
(c) for the purposes of budgetary measures and the issue of limits under the budgetary rules, the function of administrator of the State Budget Chapter shall be performed by the district courts in its district;
(d) ensure the expertise of judges and create conditions for its increase;
(e) ensure that the professional level of senior judicial officials, judicial secretaries, judicial executors and other staff working at the Regional Court and the District Courts in its district is increased;
(f) having regard to the observations of the Judicial College, it shall ensure the selection of judicial candidates and conclude a contract with the selected candidates;
(g) manage and control the preparatory service of judicial candidates in the District Court and its performance;
(h) manage and control the performance of the State administration of the District Courts by their Presidents;
(i) ensure the professional training of the attendants of the Regional Court for the performance of their duties and organise and coordinate the professional training of the attendants of the District Courts for the performance of their duties;
(j) supervise the proper functioning of judicial offices;
(k) oversees the management of the list of experts and interpreters;
(l) ensure that information is provided by the Regional Court under special legislation, 9)
m) controls the activities of the Director of the Regional Court Administration;
n) ensure the security of the Regional Court and crisis management tasks;
(o) carry out other tasks provided for by this law or specific legislation.
(2) The President of the Regional Court shall ensure the dignity of the conduct and respect of the principles of judicial ethics in proceedings brought before the Regional Court and the District Courts in its constituency, and that there is no unnecessary delay in such proceedings. To that end,
(a) carry out checks on judicial files;
(b) oversees the level of judicial proceedings;
(c) deal with complaints.
(3) Within the framework of the tasks referred to in points (a) and (b) of paragraph 2, the President of the Regional Court shall initiate the Ministry of Justice on complaints relating to infringements of the law, provided that the conditions laid down in the Criminal Procedure Act are fulfilled. If he considers that the complaint lodged or referred to him by the President of the District Court does not comply with the conditions of the Criminal Procedure Act, he shall refer it to the Ministry with his opinion.
(4) Director of the administration of the Regional Court, with the exception of acts to which only the President of the Court is entitled under this Law or special legislation,
(a) ensure that the Court operates in economic, material and financial terms;
(b) to handle staff matters of staff working in that court, with the exception of judges;
(c) ensure the proper functioning of the judicial offices;
(d) carry out other tasks relating to the performance of the administration of the court as directed by the President of the Court.
(1) The President of the District Court carries out the administration of the District Court by:
(a) ensure the functioning of the Court of First Instance on a staffing and organisational basis; to this end, in particular, shall determine the number of members of this court, ensure proper representation of the court by senior judicial officers, judicial secretaries, judicial executors and other staff and shall deal with the staff of the Judges;
(b) oversee the preparatory service of judicial candidates for the duration of its execution at the district court;
(c) ensure the expertise of judges and create conditions for its increase;
(d) to ensure that the professional level of senior judicial officers, judicial secretaries, judicial executors and other staff working in that court is increased;
(e) provide professional training to the sitting district court for the performance of their duties;
(f) oversees the proper functioning of judicial offices;
(g) ensure that information is provided by the court in accordance with special legislation, 9)
h) controls the activities of the Director of the District Court Administration;
(i) ensure the security of the court and the tasks of crisis management;
(j) carry out other tasks where this law or specific legislation so provides.
(2) The President of the District Court shall ensure the dignity of the conduct and respect of the principles of judicial ethics in the proceedings before the District Court and that there are no unnecessary delays in those proceedings. To that end,
(a) carry out checks on judicial files;
(b) oversees the level of judicial proceedings;
(c) deal with complaints.
Contents
ČÁST PRVNÍ
Čl. I
㤠120
§ 121
㤠122a
„Díl 3
§ 123
§ 124
§ 125
§ 126
§ 127
§ 128
„Díl 4
§ 129
§ 130
§ 131
§ 132
§ 133
㤠174a
ČÁST DRUHÁ
Čl. II
㤠13e
§ 13f
§ 13g
㤠20
㤠34a
ČÁST TŘETÍ
Čl. III
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
㤠13a
ČÁST SEDMÁ
Čl. VII
ČÁST OSMÁ
Čl. VIII
㤠27a
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
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Regulation Information
| Citation | Act No. 192 / 2003 Coll., amending Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of the Courts and amending certain other laws (Law on Courts and Judges), as amended, Act No. 283 / 1993 Coll., on the Prosecutor, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.2003 |
|---|---|
| Effective from | 01.07.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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