Act No. 195 / 2016 Coll.
Act amending Act No. 262 / 2011 Coll., on involved resistance and resistance to communism, as amended, and Act No. 234 / 2014 Coll., on Civil Service, as amended
Valid
Law
Effective from 01.08.2016
Text versions:
01.08.2016
17.06.2016
195
THE LAW
of 26 May 2016
amending Act No. 262 / 2011 Coll., on participants in resistance and resistance to communism, as amended, and Act No. 234 / 2014 Coll., on Civil Service, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Resistance and Resistance to Communism
The Act No. 262 / 2011 Coll., on participants in resistance and resistance to communism, as amended by Act No. 250 / 2014 Coll. and Act No. 318 / 2015 Coll., is amended as follows:
1. In Article 6 (3), the words' shall be inserted after the word "institution '; the Ministry shall inform the applicant that it has requested a professional opinion. During the period of delivery of the opinions referred to in the sentence of the first time limit relating to the implementation of the proceedings, the words" the second sentence' shall be replaced by the words "the third sentence '.
2. In Article 7, the words "or the resolutions of the Ministry which have suspended proceedings in cases referred to in Article 6 (3) and (6) shall be added at the end of paragraph 1. is also responsible for carrying out the review procedure or for the decision to renew the procedure. Otherwise, the Ministry of Defence is the administrative authority of the Ministry of Defence. The Commission shall be the competent administrative authority. '
3. In Article 7 (3), the words "or appointed 'shall be inserted after the word" elected', the words "capable of legal action 'shall be replaced by the words" fully arbitrary' and, at the end of the paragraph, the words "For the purposes of this law, it shall not be regarded as being lawful for the purposes of this law as having been convicted of a criminal offence, unless its conviction has been destroyed or otherwise viewed as not being convicted. For the purposes of this Act, it is not possible to consider as reliable the person who, in his actions at the time of his lack of freedom, has given reason to doubt the proper performance of a Member of the Commission, in particular his independence or impartiality in the performance of his duties as a Member of the Commission. '
4. In Article 7 (4), the words "or appointed 'shall be inserted after the word" elected' and the words "or appointed 'shall be inserted after the word" elected'.
5. In Article 7 (5), the second sentence shall be replaced by the sentence "A member of the Commission shall be removed by the person who elected or appointed him if he no longer fulfils the conditions laid down in paragraph 3."
6. In Article 7 (7), the word "necessary 'is replaced by" necessary' and the words "at the end of the text of the paragraph are added '; The Commission shall inform the applicant that it has requested supporting documents and information. It shall not run as long as the supporting documents and information referred to in the sentence of the first time limit relating to the conduct of the proceedings are provided.';
7. In Article 7, at the end of paragraph 8, the sentence "Members of the Commission shall be remunerated for their activities on the basis of non-employment employment agreements."
Transitional provisions
1. If, before the date of entry into force of this Act, a submission has been made in a case in which, from the date of entry into force of this Act, the Ethical Commission of the Czech Republic is responsible for the evaluation of resistance and resistance to communism, and this submission has not been completed until the date of entry into force of this Act, it shall be dealt with by the Ethical Commission of the Czech Republic for the evaluation of resistance and resistance to communism; the time limits laid down in the administrative rules in these cases shall start to run again from the date of entry into force of this Act, even if they have expired in vain before the date of entry into force of this Act.
2. If, before the date of entry into force of this Act, a submission has been made in a case in which, from the date of entry into force of this Act, the competent Minister of Defence is responsible and that submission has not been completed by the date of entry into force of this Act in the manner prescribed, it shall be dealt with by the Minister of Defence; the time limits laid down in the administrative rules in these cases shall start to run again from the date of entry into force of this Act, even if they have expired in vain before the date of entry into force of this Act.
Amendment of the Civil Service Act
In Article 2 of Act No. 234 / 2014 Coll., on Civil Service, as amended by Act No. 131 / 2015 Coll. and Act No. 190 / 2016 Coll., the dot is replaced by a comma at the end of paragraph 1 and the following point (m) is added:
"(m) member of the Ethical Commission of the Czech Republic for the award of resistance and resistance to communism."
EFFECTIVE
That law shall take effect on the first day of the second calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 195 / 2016 Coll., amending Act No. 262 / 2011 Coll., on Involved Resistance and Resistance to Communism, as amended, and Act No. 234 / 2014 Coll., on Civil Service, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.2016 |
|---|---|
| Effective from | 01.08.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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