Decree of the Ministry of Justice No. 197 / 1996 Coll.
Ordinance of the Ministry of Justice on the Rules of Examination for Law and Recognition (Law)
Valid
Order
Effective from 01.08.1996
197
DECLARATION
Ministry of Justice
of 3 July 1996
laying down the examination rules for bar examinations and recognition examinations (bar examination rules)
The Ministry of Justice, after prior observations by the Czech Bar Association, provides, pursuant to § 52 paragraph 1 of Act No. 85 / 1996 Coll., on the Advocate General (hereinafter referred to as "the Act"):
ADVOCATE TEST
(1) The legal examination (hereinafter referred to as "the test") shall be carried out by the tenderer in the following fields:
(a) constitutional and administrative law;
(b) criminal law;
(c) civil, family and labour law;
(d) commercial law;
(e) provisions governing the provision of legal services.
(2) The Czech Bar Chamber (hereinafter referred to as "Chamber") issues a list of the rules for which knowledge is required for the examination, with a distinction between the rules where knowledge is required for detailed knowledge and those for which general knowledge is sufficient.
(1) The test consists of a written test, a written part and an oral part.
(2) The written test shall take place on a single day, from the subjects referred to in Paragraph 1 (1); the successful composition of the test shall be a condition for carrying out the written and oral part of the examination. The written part of the examination shall take place on three consecutive days, from the subjects referred to in § 1 (1) (b), (c), (d). The oral part of the examination shall be held on one day at least one and no more than two weeks after the end of the written part of the examination, from all the subjects referred to in Paragraph 1 (1); the oral part of the examination may be carried out only by the tenderer who has carried out the written part of the examination.
(3) In the oral part of the examination, the applicant shall also be given basic knowledge of the law of the European Communities and of the European Union and orientation in the basic sources of international law.
The oral part of the examination shall be held before a five-member Chamber established by the members of the Examination Committee for Law Examinations, Eligibility Tests and Recognition Examinations ("the Examination Committee '); The Chamber shall be chaired by a member designated for the field referred to in Paragraph 1 (1) (e).
(1) The application is submitted by the applicant to the Chamber.
(2) The application also includes documents proving that the applicant fulfils the conditions laid down in § 5 (1) (a) to (d) of the Act and that the applicant has paid the fee for the written test provided for by the Chamber under § 7 (1) of the Act. If the applicant does not fulfil the condition set out in Section 5 (1) (c) of the Act for the purpose of carrying out another practice, the application shall also include a request for recognition of that other practice as the practice of the barrister.
(1) A written test shows the applicant's knowledge of the legal order of the Czech Republic. For the written test, the Chamber shall invite a candidate who fulfils the conditions laid down by the law no later than 4 months after filing the application.
(2) The written test contains a total of 100 questions; the questions are from the fields referred to in § 1 (1). Each question contains 3 answers, only 1 of which is correct.
(3) The applicant shall carry out a written test by means of an electronic device designated by the Chamber. Supervision shall be carried out by a member of the Examination Board designated by the Chairman of the Examination Board (hereinafter referred to as "the designated member ').
(4) Test questions shall be randomly selected for each candidate by electronic means from an overall set of questions published by the Chamber on its website.
(5) The time for carrying out the written test is 90 minutes. It is not possible to use legislative texts, literature or electronic devices other than electronic equipment specified by the Chamber during the written test. Infringement of this prohibition is a reason to exclude the candidate from the written test; the Member responsible shall decide accordingly.
(6) The performance of the written test is private.
(1) The written test is assessed by assessing "benefit" or "benefit." At least 85 questions must be answered correctly by the applicant for the "benefit 'assessment. A candidate who answers correctly less than 85 questions of the test will receive a" failed' assessment. A candidate who has carried out a written test with a "failed 'rating may submit a new application for the test at any time.
(2) A candidate who, at any time after the start of the written test, has withdrawn or who has been excluded from the written test pursuant to Paragraph 4a (5) shall be assessed as "non-profit-making." If the applicant does not arrive without an apology for the written test, the applicant shall resign the written test.
(3) If the applicant has withdrawn from the written test, the fee for the written test shall not be refunded. If the applicant declares without undue delay his absence for serious medical, occupational or other reasons, the fee for the written test shall not be refunded, but shall be deemed to be a fee for the written test at another time, provided that the tenderer applies for the test no later than 6 months after the original date of the written test. If the applicant fails to do so, or if the applicant fails to do so from the next date of the written test, the written test fee shall be forfeit.
(4) The Chamber will publish the results of the written test on its website within 10 days of the date of the test.
(1) A candidate who has carried out a written "benefit" test may, within 6 months of carrying out the written test, apply for one of the dates laid down by the Chamber for holding the written and oral part of the examination and published on the Chamber's website.
(2) The condition for participation in the written and oral part of the examination shall be that the fee be paid no later than 1 week from the date on which the tenderer applied; if the tenderer fails to pay the fee within that period, the deadline shall be forfeited and the tenderer may apply to another of the available deadlines.
(1) The President of the Examination Board shall determine the number of Chambers required for each of the subjects referred to in Paragraph 1 (1) by the number of candidates who have applied for the written and oral part of the examination, the number of Chambers required, the members of the Chambers required for each of the subjects referred to in Paragraph 1 (1), the number of the chambers to be appointed by the Chambers and shall assign the latter to them in alphabetical order of their surnames.
(2) The chairman of the examination committee shall inform the members of the Chamber and the candidate for the written and oral part of the examination and of its timetable at least four weeks before the date on which the examination is to be held; that period may be shortened only with the consent of the tenderer. The President of the Examination Committee shall simultaneously send the list of provisions referred to in Paragraph 1 (2) to candidates and inform them of the names of the members of the Chamber, informing them that they have the right to object to bias against the members of the Board.
(3) A member of the Chamber may not be one with whom there may be reasonable doubt as to his unbiased relationship with the tenderer. The President of the Examination Board shall decide on the exclusion of a member of the Chamber without delay on the objection of the tenderer or on the initiative of a member of the Chamber. If a member of the Chamber is excluded, the President of the Examination Board shall appoint a new member of the Chamber.
(1) The written part of the examination consists in the production of the written work on the basis of the content of the judicial or other files and, where appropriate, on the basis of factual information. The task assigned may in particular be to draw up an application for the initiation of proceedings, an appeal, a factual and legal analysis or an opinion, a text of the defence speech in a criminal case or a final proposal in civil proceedings, the drawing up of a document, the processing of a legal opinion. The written part of the examination may be performed by several candidates at the same time.
(2) The written part of the examination shall be commissioned, evaluated and supervised by a member of the Chamber designated for the field covered by the written part of the examination or by another person appointed by the President of the Chamber.
(3) Where a written part of the examination of several candidates is carried out at the same time, written work shall be awarded to the tenderers by drawing lots in the presence of the supervising person.
(4) The applicant is obliged to draw up written work separately. He is entitled to use collections of laws, regulations, judicial or other decisions and journal or book legal literature as an aid during the written part of the exam. The candidate shall only be required to contact the supervised person during the written examination. Infringement of the obligation to draw up written work separately is a reason to exclude the candidate from the examination; the Board shall decide on this on the basis of the opinion of the supervised entity.
(5) The duration of the written part of the test must not exceed 6 hours. At the end of this period, the applicant shall be obliged to submit the written work to the supervised person, even if it is not completed.
(6) The written part of the exam is not public.
(1) In particular, the oral part of the examination shall be aimed at verifying the candidate's ability to apply laws or regulations in the course of the trial. During the oral part of the examination, the applicant may only consult the aids referred to in Section 6 (4) with the agreement of the examiner.
(2) The oral part of the examination shall be held in the presence of all members of the Chamber; no more than two tenderers may carry it out at the same time.
(3) The duration of each tenderer's oral examination should not exceed 90 minutes.
(4) The oral part of the examination shall be public.
(1) The test results in each of the subjects referred to in Paragraph 1 (1) of the Chamber shall be assessed by the Board by means of "beneficial grades" "beneficial," "beneficial" or "non-beneficial."
(2) The Senate assesses the overall result of the examination by means of favourable degrees "passed the bar exam well," "passed the bar exam" or "failed the bar exam." take into account the outcome of the evaluation of the candidate in each field and his overall theoretical and practical readiness to pursue the profession of lawyer. However, only a candidate who has been evaluated by a benefit degree "benefited" in at least 4 disciplines can be assessed by the "excellent" degree of "excellent. This does not apply if the candidate repeated the exam. A candidate who has at any time after the beginning of the written part of the examination withdrawn from the examination or who has been excluded from the examination pursuant to Paragraph 6 (4) shall always be evaluated by the pro-competitive stage of the" bar test '. If the tenderer who carried out the written part of the examination fails to attend the oral part of the examination and the Chamber has not decided otherwise in accordance with paragraph 4, the tenderer shall resign the examination.
(3) The evaluation referred to in paragraphs 1 and 2 shall be decided by the Board in the course of a private consultation by a vote. The members of the Chamber shall vote in alphabetical order of their surnames; The President of the Chamber shall always vote last. The vote shall first be taken on whether the tenderer has benefited; If beneficial, a vote shall then be taken on the benefit step. A majority shall be required to take a decision; each member of the Chamber shall have one vote. The decision of the Senate shall be final.
(4) If there are reasons worthy of special consideration, the Board may decide that a tenderer who has carried out the written part of the examination but has not shown up for the oral part of the examination shall be entitled to carry out the oral part of the examination as soon as possible.
(5) The results of the examination shall be notified by the President of the Chamber to the tenderer immediately after consulting the Chamber referred to in paragraph 3 in the presence of the other members of the Chamber.
(1) A candidate who has not passed the test but has been assessed in four fields at least "benefit" levels may submit a written request for a repeat. A repeat test shall be carried out by the candidate only in the field in which he was assessed in the previous test by means of a "non-profit" degree; The applicant shall always perform the oral part of the test, in writing, of the test only if he repeats the field referred to in § 1 (1) (b), (c), (d). The re-examination can only be performed within the deadline set by the Chamber. Paragraph 5 (2) shall apply mutatis mutandis.
(2) A candidate who has not passed the examination may submit a new application for the test no later than six months after being assessed in two or more fields by means of a "non-profit-making" grade, and a candidate who has not submitted a repeat test in accordance with paragraph 1.
(1) The President of the Chamber shall, within one week of the completion of the oral part of the examination, draw up a report stating:
(a) the names and surnames of the President and other members of the Chamber;
(b) the date and place of the written part of the examination and the oral part of the examination, with the time of their commencement and termination;
(c) statements of the decisions of the Chamber pursuant to Article 6 (4) or, where appropriate, Article 8 (4),
(d) the date on which the Protocol is drawn up or, where appropriate,
(e) the relevant facts that occurred during the test.
(2) The Protocol shall include:
(a) the list of tenderers and their evaluation in each field and the evaluation of the overall test result;
(b) the written work of the tenderers submitted.
(3) The Protocol is signed by all members of the Chamber; the Protocol shall be forwarded by the President to the Chamber within three days of the date of its completion.
(1) Candidates who have been evaluated in the course of the examination with a benefit degree "passed the bar exam excellently" or "passed the bar exam," shall issue a certificate of the examination immediately after notification of the outcome of the examination (§ 8 (4)). the certificate shall be signed by the President of the Chamber.
(2) The same copy of the certificate shall be submitted by the President of the Chamber Chamber, together with the Protocol.
ELIGIBILITY TEST
(1) The candidate shall carry out the aptitude test in four compulsory fields and one of four optional fields at his choice.
(2) The compulsory fields are:
(a) constitutional law;
(b) civil law;
(c) criminal law;
(d) provisions governing the provision of legal services.
(3) Optional fields are:
(a) administrative law;
(b) commercial law;
(c) family law,
(d) labour law.
(1) The aptitude test shall consist of the written part and the oral part.
(2) The written part of the aptitude test shall take place on a single day, from the compulsory subjects referred to in § 11a (1) (b) and (c) and from the optional field chosen by the candidate (hereinafter referred to as "the chosen field"). The written part of the test shall take the form of a written test.
(3) The oral part of the aptitude test shall be held on one day at least one and no more than two weeks after the end of the written part of the examination, from all compulsory subjects and from the selected field.
The aptitude test shall take place before a five-member Chamber established by the members of the examination committee; The Chamber shall be chaired by a member designated for the field referred to in Paragraph 11a (2) (d).
The application for the eligibility test shall be submitted by the applicant of the Chamber; The application also includes the designation of the chosen field, as well as documents proving that the applicant fulfils the conditions set out in Section 5c (a) of the Act and that he has paid the fee for the examination provided for by the Chamber under Section 7 (1) of the Act.
(1) The Senate assesses the overall outcome of the aptitude test with the beneficial stages "passed the aptitude test excellently," "passed the aptitude test" or "failed the aptitude test."
(2) In assessing the overall test result referred to in paragraph 1, the Board shall take into account, in particular, whether the evaluation of the candidate in each field shows his practical readiness for the conduct of the advocacy.
A candidate who has been evaluated for the aptitude test by means of "passed the aptitude test excellently 'or" passed the aptitude test' shall be issued by the President of the Chamber immediately after notification of the outcome of the aptitude test; the certificate shall be signed by the President of the Chamber.
Paragraph 1 (2), § 5, § 6 (2) to (6), § 7, § 8 (1) and (2) of the second to fourth sentences and paragraphs 3 to 5, § 9 and 10 shall apply mutatis mutandis to the aptitude test.
RECOGNITION TEST
The recognition test shall be carried out by the tenderer in the following fields:
(a) provisions governing the provision of legal services;
(b) the foundations of the constitutional law of the Czech Republic;
(c) the foundations of private law of the Czech Republic.
(1) The recognition test shall be carried out before a Chamber of three appointed by members of the Examination Committee; The Chamber shall be chaired by a member designated for the field referred to in Section 12 (a).
(2) The recognition test is generally written.
(3) The duration of the recognition test should not exceed two hours. The foreign language in which the recognition test can be carried out shall be understood as English, French or German.
(1) The application for recognition shall be submitted by the tenderer of the Chamber; Part of the application is the choice of the foreign language in which the candidate intends to pass the examination (§ 13 (3)), unless the candidate performs the recognition test in Czech or Slovak.
(2) The application also includes documents proving that the applicant fulfils the conditions laid down in § 5 (a) and (d) to (g) and § 5a (1) (a) of the Act and that he has paid a fee for the examination provided for by the Chamber under § 7 (1) of the Act.
The result of the examination shall be assessed by the Board at the beneficial stages "passed the recognition test" or "failed the recognition test."
A candidate who has been assessed for the recognition test by means of a "recognition test 'shall be issued by the President of the Chamber immediately upon notification of the outcome of the examination by the certificate of acceptance examination; the certificate shall be signed by the President of the Chamber.
Paragraph 1 (2), § 5, § 6 (2), (3), (4) and (6), § 8 (2), third sentence and paragraphs 3 to 5 and § 10 shall apply mutatis mutandis to the recognition test.
MEDIATOR TEST AND FAMILY MEDIATION TEST
The provisions of the order on the examination and remuneration of the mediator7) shall apply mutatis mutandis to the mediator's examination and examination of family mediation provided by the Chamber under Section 49a of the Act.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
Paragraph 8 (3) shall apply mutatis mutandis to the decisions of the Board under Articles 6 (4) and 8 (4).
The dates of the examinations under this decree are announced by the Chairman of the Examination Commission in the Bulletin of the Czech Bar Association and on the Chamber page in the Internet.
A report on the conduct of the bar exam, the eligibility and recognition examinations and the written work shall be submitted to the Chamber for 10 years.
(1) Paragraph 9 shall also apply to the bar examinations carried out under the Act of the Czech National Council No. 128 / 1990 Coll., on advocacy, unless the period within which the candidate was entitled to apply for the corrective examination has expired by the date of entry into force of this Decree. 3)
(2) (4) However, this period shall not end until the period within which the candidate has been authorised to apply for the retrial has expired. (3)
(1) If a candidate who has failed the professional examination of a commercial lawyer carried out under the Act of the Czech National Council No. 209 / 1990 Coll., on commercial lawyers and legal assistance provided by them, and who has been decided by the Examination Committee to repeat only the oral or written examination, (5) the application for an examination within six months of the date of application of this decree, he shall only perform that part of the examination (§ 2) which he has failed; This does not apply if the commercial lawyer's professional examination is repeated. 6)
(2) Paragraph 1 shall not apply where the period between the date of the commercial lawyer's professional examination and the date of entry into force of this Order is more than six months.
(3) The period of six months for the submission of the application for a test referred to in paragraph 1 shall be reduced by the period elapsed from the day of the commercial lawyer's professional examination until the date of entry into force of this Order.
This decree shall take effect on the day of its publication.
Minister:
JUDr. Novák v. r.
3) Paragraph 12 (2) and (3) of the Resolution of the Board of Directors of the Czech Bar Association of 8 January 1991, which sets out the examination rules for the bar examinations, as amended by the Resolution of the Board of Directors of the Czech Bar Association of 6 April 1991 and 14 April 1991.
4) Paragraph 10 (3) of the Resolution of the Board of Directors of the Czech Bar Association of 8 January 1991, which sets out the examination rules for the bar examinations, as amended by the Resolution of the Board of Directors of the Czech Bar Association of 6 April 1991 and 14 April 1991.
5) Paragraph 8 (3) of the Resolution of the Board of Directors of the Commercial Lawyers of the Czech Republic of 5 February 1992, which, pursuant to § 37 (2) (c) of the Act No 209 / 1990 Coll., on Commercial Lawyers and Legal Assistance by them, issued a examination order for professional examinations, as amended by the Resolution of the Board of Directors of Commercial Lawyers of the Czech Republic of 16 March 1993 and 10 February 1994.
6) Paragraph 10 of the Resolution of the Board of Directors of Commercial Lawyers of the Czech Republic of 5 February 1992, which, pursuant to Section 37 (2) (c) of the ČNR Act No. 209 / 1990 Coll., on Commercial Lawyers and Legal Assistance by them, issued a test order for professional examinations, as amended by the Resolution of the Board of Directors of Commercial Lawyers of the Czech Republic of 16 March 1993 and 10 February 1994.
7) Decree No. 277 / 2012 Coll., on the examination and reward of the mediator.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Justice No. 197 / 1996 Coll., which is issued by the Examination Rules for Law Examinations and Recognition Examinations (Law Examination Rules) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.08.1996 |
|---|---|
| Effective from | 01.08.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0