Act No. 196 / 2024 Coll.
Act amending Act No. 312 / 2002 Coll., on officials of local authorities and amending certain laws, as amended, and other related laws
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Effective from 01.01.2025
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196
THE LAW
of 19 June 2024
amending Act No. 312 / 2002 Coll., on officials of local authorities and amending certain laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on civil servants of local authorities
Act No. 312 / 2002 Coll., on Officials of Territorial Sites and amending certain laws, as amended by Act No. 46 / 2004 Coll., Act No. 234 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 365 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 89 / 2012 Coll., Act No. 250 / 2014 Coll. and Act No. 183 / 2017 Coll., are amended as follows:
1. Paragraph 1 (3), including footnotes 1 and 2, is deleted.
2. In Article 2 (3), the words "public authority and other tasks' shall be inserted after the words" tasks'; the words "special 'shall be deleted; and the sentence" administrative activities shall not be ancillary, service or manual work or those which govern the performance of such work shall be added at the end of paragraph 3.';
3. In Article 2, at the end of the text of paragraph 6, the words "unless a special law provides that the appointment shall be made by the Board of Local Government 'shall be added.
4. Paragraph 4 (1) reads as follows:
"(1) An official may become a natural person who:
(a) is a national citizen of the Czech Republic, a citizen of another Member State of the European Union or a citizen of a State which is a Contracting State of the Agreement on the European Economic Area, or a natural person who is a foreigner and has a permanent residence permit in the Czech Republic (4);
(b) reach the age of 18;
(c) is fully competent;
(d) is fair,
(e) controls the Czech language; and
(f) it fulfils other conditions for the pursuit of administrative activities laid down in a specific legislation. ';
footnote 5 is deleted.
5. in Article 5 (1) (a), the word "or" shall be deleted;
6. In Article 5 (1), the word "or 'shall be added at the end of point (b).
7. in Article 6 (3) (e):
"(e) the type and number of the document proving the identity and citizenship and, if the interested stranger is not a citizen of a Member State of the European Union or a citizen of a State which is a Contracting State of the European Economic Area, the number of the document of permanent residence,"
8. in Article 6 (4) (b), the words "foreign nationals" shall be replaced by the words "foreigners" and the words "not older than 3 months" shall be inserted after the words "State."
9. In Article 6, the following paragraph 5 is inserted after paragraph 4:
"(5) The document referred to in paragraph 4 (b) may be replaced when the application is lodged by a declaration of integrity. The evidence of the highest educational attainment referred to in paragraph 4 (c) may be attached to the application in a simple copy. The applicant shall submit the documents referred to in points (b) and (c) of paragraph 4 to the local authority at the latest before the conclusion of the contract. ';
Paragraphs 5 to 8 shall be renumbered paragraphs 6 to 9.
10. Paragraph 6 (7) is deleted.
Paragraphs 8 and 9 shall be renumbered paragraphs 7 and 8.
11. in Article 6 (7) (b), the words "have not completed the formalities for the application or the required documents within an additional period" shall be replaced by the words "have filed an incomplete application."
12. in Article 6 (8), the words "a citizen's card or document of residence, if it is a foreign national, 4)" shall be replaced by the words "proof of identity and citizenship and, if a stranger is interested, not being a citizen of a Member State of the European Union or a citizen of a State which is a Contracting State of the European Economic Area, also a document of permanent residence."
13. in Article 7 (2), the last sentence is deleted;
14. in Article 7 (4) (e):
"(e) the type and number of the document proving identity and citizenship and, if the tenderer is a foreigner who is not a citizen of a Member State of the European Union or a citizen of a State which is a Contracting State of the European Economic Area, the number of the document of permanent residence,"
15. at the end of paragraph 5, the words "The document referred to in Article 6 (4) (b) may be replaced when the application is submitted by a declaration of integrity. The evidence of the highest education achieved pursuant to Paragraph 6 (4) (c) may be attached in a simple copy when the application is submitted. The applicant shall submit the documents referred to in Article 6 (4) (b) and (c) to the territorial authority at the latest before being appointed to the post of head office or chief official or before the conclusion of the employment contract. The applicant shall demonstrate compliance with the conditions laid down in Article 5 by means of a declaration of honour. '
16. in Article 7, paragraph 6 is deleted;
Paragraph 7 shall become paragraph 6.
17. in Article 7 (6), the words "or, where appropriate, in accordance with paragraph 6," shall be deleted;
18. in the first and second sentences of Article 9 (1), the words "Article 6 (4)" shall be replaced by the words "Article 7 (5)" and the words "Head of Administration" shall be replaced by the words "to the post of Head of Administration."
19. in Article 9 (2) (c), "Article 6 (4)" is replaced by "Article 7 (5)."
20. In the second sentence of Article 10 (1), the words "temporary 'and the words" based on medical advice' shall be inserted after the words "civil or military service '.
21. Article 11 shall be deleted, including the title.
22. in Article 12 (1) (b):
"(b) if, in a serious manner, it has infringed the statutory obligation during the last 6 months prior to the removal from office or, if it is the head of office, prior to the submission of an application for consent to the removal of the head of office,";
23. in Article 12 (1), the following point (c) is inserted after point (b):
"(c) if at least 2 minor infringements of the statutory obligation have been committed within the last 6 months before the removal from office or, if it is the head of office, prior to the submission of an application for consent to the removal of the head of office, or"
Point (c) shall be renumbered (d).
24. In the last sentence of Article 12 (3), the words "following 'are deleted.
25. In the first sentence of Paragraph 12 (4), the part of the sentence after the semicolon, including the semicolon, is deleted.
26. in Article 13 (1), "to 4" is replaced by "and 3."
27. in Paragraph 13 (3):
"(3) For the purposes referred to in paragraph 2, only the duration of the official's employment with a local authority shall be taken into account, which shall open the employment with the official in the manner laid down in paragraph 1. ';
28. In the first sentence of Paragraph 14, the words "at the workplace or elsewhere 'are deleted.
29. in Article 16 (1) (m):
"(m) to inform the territorial authority that one of the assumptions laid down in Article 4 has been lost."
30. Paragraph 16 (3) reads:
"(3) The official may not be a member of the management or control body of a legal person engaged in a business activity; that is not the case if a single administrative unit of which he is an employee has been sent to such an institution. The total amount of remuneration paid to the official for all membership of the management or control bodies of legal persons engaged in business activities for a calendar year, including the share of profit or other cash transactions, shall be no more than 25% of the annual total of the highest fee and the maximum permissible personal allowance in the relevant grade and, in the case of the lead official, the management premium which may be granted to him as a maximum allowable charge, according to the last official of the seat in which the official last administrative activity was carried out in the relevant calendar year. The official shall immediately inform the territorial authority of which he is an employee of any payment made to him. '
31. in Article 17 (1) (c):
"(c) the Central Administrative Office,"
32. in Article 17 (1), the following points (d) to (f) are inserted after point (c):
"(d) The Office of the Ombudsman,
(e) the region and the capital of Prague; or
(f) the municipality to which accreditation has been granted under § 30; ';
33.In Article 17 (2), the words "with an education programme accredited under Article 31 for the species concerned" shall be replaced by "with the content of the species concerned."
34. in Article 17 (3), the words "accredited for the relevant training programme" shall be deleted;
35. in Paragraph 17 (5), first sentence, "18" is replaced by "9."
36. in Paragraph 18 (1), the word "a" shall be deleted at the end of point (b).
37. in Paragraph 18 (1) (c), "a" is replaced by "k."
38. in Article 18 (1), the following points (d) and (e) are inserted after point (c):
'(d) the entrance education test; and
(e) a special competence test; ';
39. in Paragraph 18 (3), the words "(test)" shall be deleted;
40. In Paragraph 18 (4) of the part of the sentence after the semicolon, the words "special competence 'shall be inserted after the words" examinations'.
41. in Paragraph 19 (1) (c), the words "knowledge of the foundations" are replaced by the words "basic knowledge of public administration information systems"; and
42.In Paragraph 19 (1) (d), the words "relating to his employment 'are replaced by the words" an official'.
43.In Paragraph 19 (2), "3" is replaced by "6."
44. In Article 19 (3), the words "on entry education 'shall be inserted after the words" by certificate'.
45. Paragraph 19 shall be supplemented at the end of paragraph 3 by the following: "The implementing legislation lays down the formalities for the certificate of entry education. The educational institution shall keep a record of the initial training certificates it has issued. ';
46. Paragraph 19 (4) is deleted.
47. After Paragraph 19, the following Sections 19a and 19b are inserted:
"Initial training test
(1) An official who carries out administrative activities for which he is required to demonstrate specific competence shall, within 9 months of the establishment of an employment relationship with a local authority or from the date on which he began to carry out such administrative activities, demonstrate the knowledge and skills acquired by initial education through the examination of initial education.
(2) A senior official who manages officials carrying out administrative activities whose pursuit is a precondition for demonstrating specific competence and who is required to demonstrate the knowledge and skills acquired by initial education through the examination of initial training within 9 months of the date of appointment to the post of Chief Officer or Head of Office.
(3) The initial training test shall take the form of a written test carried out in a way that allows remote access.
(4) Successful completion of the entrance education test shall be demonstrated by a certificate of entry education test.
(5) An official who carries out administrative activities whose pursuit is a prerequisite for demonstrating specific professional competence shall be required to apply for an entry-level training test within 4 months of the establishment of the official's employment relationship with the local authority or from the date on which he began to carry out those administrative activities. The head of an official who manages officials carrying out administrative activities whose performance is subject to the requirement of proof of specific competence and the head of the office shall be required to apply for the entry training examination within 4 months of the date of appointment as head of the official or head of the office.
(1) The Ministry is responsible for carrying out the initial education examination and issuing the initial training test certificates. The Ministry may entrust the contribution organisation set up by the Ministry by ensuring the entrance training test.
(2) The Ministry shall, within 15 days of the date of receipt of the application, make available to the official the possibility of carrying out the initial training test and communicate in writing the access data to the examination, a set of test questions and a list of technical literature.
(3) He who provides the initial training test may exclude from this examination an official who, during the examination, uses illegal aids or otherwise seriously interferes with the test.
(4) If the official has failed the initial training test, he may repeat it twice.
(5) If an official is assessed by the classification grade "passed 'during the initial training test, he shall receive an entry training test certificate from the Ministry within 15 days of the date of the examination. The Ministry shall keep a register of the certificate of entry training which it has issued.
(6) The implementing legislation sets out the method of applying for the entrance training test, the formalities for the application, the method and course of the entrance training examination and the requirements of the entry training test certificate. The content and scope of the initial training test shall be published by the Ministry in a way that allows remote access. ';
48. In Paragraph 20 (1), the word "professional 'and the words" civil servants' are replaced by "providing knowledge and skills necessary for '.
49. In Paragraph 20, the following paragraph 2 is inserted after paragraph 1:
"(2) Continuous training of senior officials and senior officials shall also include deepening and specialising training in the management of officials. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
50. In Article 20 (4), the words "and, if it is the head of the Office, he who performs the employer's tasks vis-à-vis the head of the Office," shall be inserted after the words "the Office."
51. In Article 20, at the end of paragraph 5, the sentence "The implementing legislation shall lay down the formalities for certificates of continuous training."
52. In Paragraph 20, paragraph 6 is added:
"(6) The educational institution shall keep records of the continuing training certificates it has issued. ';
53.In Article 21 (1) (b), "Article 34 (1)" is replaced by "Article 33."
54. In the first sentence of Paragraph 21 (2), the words "special competence 'shall be inserted after the words" examination'.
55. In Paragraph 21 (2), at the end of the first sentence, the words "specific competence 'shall be added.
56. In Article 21 (3), the sentences of the second, third and fourth shall be replaced by the following: "Where an official carries out 2 or more of the administrative activities provided for in the implementing legislation, he shall be required to demonstrate specific competence for each of those administrative activities."
57. Paragraph 21 (4) reads:
"(4) Where an official carries out 2 or more administrative activities provided for in the implementing legislation in a municipality with a basic scope of exercise of the delegation, he may instead demonstrate specific competence for each of those administrative activities for officials of municipalities with a basic scope of exercise of the delegation. The specific competence for officials of municipalities with a basic scope of exercise of the delegation shall include a summary of the knowledge and skills necessary for the exercise of administrative activities provided for in the implementing legislation of officials of municipalities with a basic scope of exercise of the delegation. ';
58. In the first sentence of Article 21 (5), the words "specific competence 'and" up to 3 months' are inserted after the words "testing '.
59. In Paragraph 21 (5), the second sentence is replaced by the sentence "The condition for carrying out a special proficiency test shall be the successful completion of the initial training test."
60. In Article 21 (6), the words "from the general and specific parts' are deleted.
61. in Article 21 (7), the words "he is required to demonstrate specific competence only in general" shall be replaced by "he does not prove specific competence."
62. In Article 21, the following paragraph 8 is added:
"(8) The implementing act shall lay down the administrative activities for which the performance of such activities is a precondition for the demonstration of specific competence, the method of applying for the special competence test, the particulars of the application, the manner and course of the special competence test and the particulars of the certificate of professional competence. The content and scope of the special competence test shall be published by the Ministry in a manner that allows remote access. ';
63. After Paragraph 21, the following Section 21a is inserted:
Special competence of another person
The Ministry shall allow the acquisition of a specific competence in accordance with Section 21 to a person who is not required to demonstrate a specific competence if he has reached the age of 18 and is fully competent; the costs of obtaining specific competence shall be borne by that person. The provisions of this Act relating to the special competence test shall apply mutatis mutandis. The condition for carrying out a special proficiency test by a person who is not required to demonstrate specific competence shall not be the successful completion of the initial training test. ';
64. In Section 22, the words "specific competence 'are added.
65. In Paragraph 22 (1), the words "special competence" shall be inserted after the word "tests."
66. in Paragraph 22, the following paragraph 2 is inserted after paragraph 1:
"(2) The Ministry may entrust the contribution organisation established by it with the assurance of the special competence test. ';
Paragraph 2 shall become paragraph 3.
67. In Paragraph 22 (3), the words "and at least 15 days before the date of the test" shall be inserted after the word "applications" and the words "special competence" shall be inserted after the words "test time."
68. In the second sentence of Article 23 (1), the words "the general part and the experts for the specific part 'are replaced by the words" the administrative activity concerned'.
69. In Article 23 (3), the words "special competence 'shall be inserted after the word" test'.
70. In Paragraph 23 (4), the word "applicant 'is replaced by" special competence of an official'.
71. In Section 24, the words "special competence 'are added.
72. In the first sentence of Paragraph 24 (1), the words "special competence 'shall be inserted after the words" Test'.
73.In Paragraph 24 (1), the second sentence is deleted.
74. Paragraph 24 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
75. In the first sentence of Paragraph 24 (3), the words "special competence 'shall be inserted after the words" examinations'.
76. In the second sentence of Article 24 (3), the words "special competence 'shall be inserted after the words" test'.
77. In the second sentence of Article 24 (4), the words "special competence 'shall be inserted after the word" test' and the word "candidate 'shall be replaced by" official'.
78. In Article 24, paragraphs 5 and 6 are added:
"(5) If, during the oral examination, the official is assessed by the classification grade" passed ', he shall receive a certificate of special competence from the Ministry within 15 days of the oral examination.
(6) The Ministry shall keep a register of the certificates of specific competence issued by it. ';
Article 79 (25), including the title, shall be deleted.
80. In the second sentence of Article 26 (1), the words "within 15 days of delivery 'shall be inserted after the words" is'.
81. In the third sentence of Article 26 (1), the words "after consultation with the competent Ministry or other central administration" shall be inserted after the word "Ministry."
82. In Paragraph 26, the words "specific competence 'shall be added at the end of the text of paragraph 1.
83.In Article 26 (2), the words "special competence" shall be inserted after the words "tests."
84. In Article 26, the words "specific competence 'shall be added at the end of the text of paragraph 3.
85. in Paragraph 26 (4):
"(4) Parts of the second and third administrative rules shall not apply to the procedure for the handling of objections. ';
footnote 13 is deleted.
86. In Paragraph 27 (1), after the third sentence, the sentence "The implementing legislation lays down the formalities for the certificates of management officials' training and the training of management offices' is inserted.
87. Paragraph 27 (3) reads as follows:
"(3) The obligation to participate in the training of senior officials for a specific part shall not lie with the senior official within the scope of an overview of the activities laid down in the implementing legislation by subordinate officials for whom he has specific competence. ';
88. In Article 27, the following paragraph 5 is added:
"(5) The educational institution shall keep a record of the certificates of training of senior officials and of the training of senior officials which it has issued. ';
89. In Article 28 (1), the first sentence is replaced by the following: "Paragraphs 19 (2), 19 (a) (1), (2) and (5), 21 (1), 27 (1) and 27 (1) shall not include periods of maternity leave, parental leave, paternity leave, temporary incapacity, nursing of a child under 10 years of age or other natural persons in cases under Paragraph 39 of the Law on sickness insurance, care of a child under 10 years of age for reasons laid down in Section 39 of the Law on sickness insurance, provision of long-term care in cases under 41a to 41c of the Law on sickness insurance, ordered quarantine or isolation, leave related to a military obligation, or time of release for the performance of public office."
90. In Paragraph 29, the following paragraph 2 is inserted after paragraph 1:
"(2) Accreditation of an educational institution is granted for an indefinite period."
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
91. In the first sentence of Paragraph 29 (3), the words "educational institution or accreditation 'are deleted.
92. In the second sentence of Article 29 (3), the words "accreditation of an educational institution 'are deleted.
93. In Article 29, at the end of paragraph 3, the sentence "Paragraph 31 shall apply mutatis mutandis when the accreditation of the training programme is renewed."
94. In Paragraph 29, the following paragraph 4 is inserted after paragraph 3:
"(4) An application for accreditation of an educational institution and an application for accreditation of an educational programme shall be made by means of an electronic form. The Ministry shall publish an electronic form on the public administration portal. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
95. In Paragraph 29, the following paragraph 6 is inserted after paragraph 5:
"(6) The Ministry shall cancel the accreditation of the educational institution or the accreditation of the training programme if requested by the educational institution. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
96.Paragraph 29 (8) reads as follows:
"(8) If the Ministry withdraws the accreditation of an educational institution or the accreditation of a training programme, an application for accreditation of the same educational institution or training programme may be submitted no earlier than six months after the date on which the decision to withdraw the accreditation takes effect. ';
97. Paragraph 30 (1) to (3) reads as follows:
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Regulation Information
| Citation | Act No. 196 / 2024 Coll., amending Act No. 312 / 2002 Coll., on officials of local authorities and amending certain laws, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.2024 |
|---|---|
| Effective from | 01.01.2025 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 520
The regulation text is for informational purposes only.
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