Decree No. 206 / 2023 Coll.
Decree amending Decree No. 516 / 2021 Coll., on the professional examination, selection and training of judicial candidates, the selection of candidates for the function of judge, the selection of judges and the amendment of Decree No. 37 / 1992 Coll., the Rules of Procedure for District and Regional Courts, as amended
Valid
Order
Effective from 01.07.2023
Text versions:
01.07.2023
30.06.2023
206
DECLARATION
of 26 June 2023
amending Decree No 516 / 2021 Coll., on the professional judicial examination, selection and training of judicial candidates, the selection of candidates for the function of judge, the selection of judges and amending Decree No 37 / 1992 Coll., the rules of procedure for district and county courts, as amended
The Ministry of Justice, pursuant to § 105d (4), § 105e (5), § 109 (4), § 112 (5), § 115 (3) and § 117 (3) of Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of Courts and on the amendment of certain other laws (Law on Courts and Judges), as amended by Act No. 151 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 79 / 2006 Coll., Act No. 314 / 2008 Coll., Act No. 296 / 2017 Coll. and Act No. 218 / 2021 Coll.:
Decree No 516 / 2021 Coll., on the professional judicial examination, selection and training of judicial candidates, the selection of candidates for the function of judge, the selection of judges and the amendment of Decree No 37 / 1992 Coll., the Rules of Procedure for District and Regional Courts, as amended, shall be amended as follows:
1. in Article 4 (3), point (b) is deleted;
Points (c) to (g) shall be renumbered as points (b) to (f).
2. In the first sentence of Paragraph 4 (5), the words "admissibility and 'shall be inserted after the words" assessment'.
3. In the third sentence of Article 4 (5), the words "or, if inadmissible, after the word" supplemented 'shall be inserted.
4. In Article 6 (1), the words "or financial 'are deleted.
5. In Article 8 (1), the words "or absent 'shall be inserted after the words" excluded'.
6. In Article 9, at the end of paragraph 1, the sentence "In cases of special consideration, the date of his interview may be changed with the consent of the tenderer."
7. in Article 9 (3), point (f) is deleted;
Points (g) to (j) shall be renumbered as points (f) to (i).
8. In Article 12 (2), the words "the requirements required for participation in the selection procedure" shall be inserted after the words "the submission of applications," and the words "the procedure" shall be inserted after the words "the procedure" and the words "and the information on the conduct of the selection procedure for the position of a candidate of justice."
9. In Article 12, the following paragraph 3 is inserted after paragraph 2:
"(3) The term of the written part of the selection procedure referred to in paragraph 2 shall be determined by the President of the Regional Court in agreement with the Judicial Academy. ';
10. In Article 13, the following paragraphs 1 and 2 are inserted:
"(1) An application for a selection procedure for the position of judicial candidate may be submitted only by a candidate who fulfils the conditions for the performance of this function on the date of filing of the application for the selection procedure.
(2) The application shall be inadmissible if:
(a) the tenderer has previously applied for another selection procedure for the position of a judicial candidate which has not yet been completed, unless, before receiving the notification referred to in Article 16 (4), the tenderer has withdrawn from such a selection procedure or, according to the results of the written part of such a selection procedure referred to in Article 16 (2), does not proceed to the oral part;
(b) the tenderer carries out the training of the judicial candidate in another court; or
(c) less than one year has elapsed since the invitation to tender for the post of Judge in which the candidate succeeded. "
Paragraphs 1 to 4 shall become paragraphs 3 to 6.
11. in Article 13 (4) (h), the words "or to the office of judge" shall be inserted after the word "candidate."
12. in Article 13 (5), point (b) is deleted;
Points (c) to (i) shall be renumbered (b) to (h).
13. in Article 13 (5), the following point (d) is inserted after point (c):
"(d) the result of a psychological examination carried out in the previous 5 years before the date of publication of the selection procedure for the position of judicial candidate with the result" is recommended "where the candidate applies the derogation provided for in Article 17 (3),"
Points (d) to (h) shall be renumbered as points (e) to (i).
14. in Article 13 (5), the following point (h) is inserted after point (g):
"(h) a signed statement of the facts referred to in paragraph 2 by the tenderer;"
Points (h) and (i) shall be renumbered as points (i) and (j).
15. in the first sentence of Article 13 (6), the word "competent" shall be inserted after the word "President" and the words "admissibility" shall be inserted after the word "assessor";
16. In the third sentence of Article 13 (6), the words "or if the application is inadmissible 'shall be inserted after the words" supplemented'.
17. in Paragraph 14 (1), "30" is replaced by "10."
18. In Article 14 (2), the words "and information on the conduct of the selection procedure for the position of judicial candidate 'are deleted.
19. In the first and third sentences of Paragraph 15 (1), the words "basic level of difficulty" shall be deleted.
20. In Paragraph 15 (3), the words "unless the Judicial Academy excluded them from use 'are deleted.
21. Paragraph 16 (3) reads:
"(3) The oral part of the selection procedure for the position of judicial candidate shall be referred to the number of candidates corresponding to twice the number of seats for which the selection procedure for the position of judicial candidate has been opened, in order of the highest number of points reached in the written part of the selection procedure, and all other tenderers who have reached the same number of points as the latter. ';
22. the second sentence of Paragraph 17 (2) reads: "The result of the psychological examination" is not recommended "includes the reasons which led to this conclusion."
23. in Paragraph 17 (3), the words "submitting an application to" shall be replaced by "the date of publication."
24. In Article 19 (1), the words "or absent 'shall be inserted after the words" excluded'.
25. In Article 20, at the end of paragraph 1, the sentence "In cases of special consideration, the date of his interview may be changed with the consent of the tenderer."
26. In Paragraph 20 (2), the words "in particular 'and the words" on the written part of the selection procedure as well as questions concerning the applicant's professional knowledge and personality' are replaced by the words "on the determination of the level of his or her expertise, on his / her experience in the application and interpretation of legislation and on his / her personal qualifications'.
27. in Article 21 (1), the words "the results of the written part of the selection procedure drawn up by the tenderer," and the words "the order of the tenderers in the selection procedure," shall be deleted.
28. In Article 21 (3), the words "without undue delay 'shall be inserted after the words" the Regional Court'.
29. in Paragraph 22 (1), the words', the ranking of tenderers in the selection procedure 'shall be deleted and the word' information 'shall be replaced by' determination ';
30. In Paragraph 24 (1), "30 days before the end 'is replaced by" at the end'.
31. in Article 24 (2), the words "Member of the Chamber" shall be inserted after the word "Chamber."
32. In Paragraph 25 (2), the word "a 'is replaced by a comma and at the end of the text of the first sentence the words", the date of the written part of the selection procedure, the requirements required for participation in the selection procedure and information on the conduct of the selection procedure for the judicial function' are added.
33. In Paragraph 25, the following paragraph 3 is inserted after paragraph 2:
"(3) The deadline for the written part of the selection procedure referred to in paragraph 2 shall be set in agreement with the Judicial Academy. ';
34. In Article 26, the following paragraphs 1 and 2 are inserted:
"(1) An application for a selection procedure for a judge may be submitted only by a candidate who fulfils the conditions for applying for a selection procedure on the date on which the application for a selection procedure is submitted, with the exception of the age of at least 30 years.
(2) The application shall be inadmissible if:
(a) the tenderer has previously applied for another selection procedure for the post of Judge which has not yet been completed, unless, before receiving the notification referred to in Article 29 (4), he has withdrawn from such a selection procedure, or according to the results of the written part of such a selection procedure referred to in Article 29 (2), he does not proceed to the oral part; or
(b) less than one year has elapsed since the invitation to tender for the post of Judge in which the candidate succeeded. "
Paragraphs 1 to 4 shall become paragraphs 3 to 6.
35. in Article 26 (4) (i), the words "the position of a candidate for justice or of a candidate" shall be inserted after the words "on."
36. in Article 26 (5), point (b) is deleted;
Points (c) to (k) shall be renumbered (b) to (j).
37. in Article 26 (5), the following point (e) is inserted after point (d):
"(e) the result of a psychological examination carried out in the previous 5 years prior to the date of publication of the selection procedure for the post of judge with the result" recommended "where the tenderer applies the derogation provided for in Article 30 (2),"
Points (e) to (j) shall be renumbered as points (f) to (k).
38. in Article 26 (5), the following points (i) and (j) are inserted after point (h):
"(i) a signed statement of the facts referred to in paragraph 2 by the tenderer,
(j) a signed declaration by the tenderer on the completion of the right application test where the tenderer applies the derogation provided for in Article 28 (3); ';
Points (i) to (k) shall be renumbered as points (k) to (m).
39. In the first sentence of Paragraph 26 (6), the word "competent 'shall be inserted after the word" President' and the words "admissibility 'shall be inserted after the word" assessment'.
40. In the third sentence of Article 26 (6), the words "or if the application is inadmissible 'shall be inserted after the words" supplemented'.
41. in Article 27 (1), "30" is replaced by "10."
(42) In Article 27 (2), the words "and the information on the conduct of the selection procedure for the function of judge" shall be deleted.
43. In the first and third sentences of Paragraph 28 (1), the words "higher levels of difficulty" shall be deleted.
44. In Paragraph 28, the following paragraph 3 is added:
"(3) The applicant does not have to take a test of the application of the right for the purposes of the selection procedure for the function of judge declared for the district court district where he completed the training of the candidate. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
45. in Paragraph 28 (4), the words "unless the Judicial Academy excluded them from use" shall be deleted;
46. in Paragraph 29 (3):
"(3) The oral part of the selection procedure for a judge shall be referred to the number of non-excluded candidates corresponding to twice the number of seats of the judges for which the selection procedure has been issued, on the one hand, to tenderers benefiting from the derogation provided for in Article 28 (3), and to tenderers in the order of the highest number of points reached in the written part of the selection procedure, and all other tenderers who have reached the same number of points as the last tenderer passing by the number of points reached in the written part of the selection procedure. Where the number of advance candidates covered by the exemption provided for in Paragraph 28 (3) exceeds the number of seats of the judges for which the invitation is issued, the oral part of the selection procedure shall be followed by a maximum of the same number of non-excluded candidates not covered by the exemption provided for in Paragraph 28 (3), as well as by all other candidates who have reached the same number of points as the last intermediate tenderer. ';
47. in Paragraph 29, paragraph 4 is deleted;
Paragraphs 5 to 8 shall be renumbered paragraphs 4 to 7.
48. In Paragraph 30 (2), the words "also 'are deleted and the words" submitting an application to' are replaced by the words "the date of publication '.
49. The second sentence of Paragraph 30 (3) reads: "The result of the psychological examination" is not recommended "includes the reasons which led to this conclusion."
50. In Paragraph 32 (1), the words "or absent 'shall be inserted after the words" excluded'.
51. In Paragraph 33, at the end of paragraph 1, the sentence "In cases of special consideration, the date of his interview may be changed with the consent of the tenderer."
52. In Paragraph 33 (2), the words "questions relating to the written part of the selection procedure as well as questions relating to the professional aspects of the performance of the duties of judge and to the personal assumptions of the candidate for the performance of the duties of judge 'are replaced by the words" in particular questions aimed at determining the level of his or her expertise required for the performance of the duties of judge, his or her experience in the application and interpretation of legislation and the personal conditions for the performance of the duties of judge'.
53. In Article 34 (1), the words "the results of the written part of the selection procedure drawn up by the tenderer," and the words "the ranking of the tenderers in the selection procedure and determining" shall be deleted.
54. In Paragraph 34, the following paragraph 2 is inserted after paragraph 1:
"(2) A candidate who has succeeded in the selection procedure declared for the district of a competent regional court shall be deemed to have succeeded in the subsequent selection procedures for the post of judge declared for the district of a competent regional court."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
55. in Paragraph 34 (4), the words "without undue delay" shall be inserted after the words "Ministry."
56. In Paragraph 35 (1), the words "the ranking of tenderers in the selection procedure and the information 'are replaced by the words" and the designation'.
57. In Paragraph 36 (3), the word "a 'is replaced by a comma and after the word" applications' the words "and information on the conduct of the selection procedure for the office of President of the Court 'are inserted.
58. In the first sentence of Paragraph 37 (4), the words "admissibility and 'shall be inserted after the words" assessment'.
59. In the third sentence of Paragraph 37 (4), the words "or if the application is inadmissible 'shall be inserted after the words" supplemented'.
60. In Paragraph 38 (1), the words "without undue delay," shall be deleted and the words "days" shall be replaced by the words "days."
61. In Paragraph 40, the sentence "The Court of Appeal and the Court of Appeal shall be added at the end of paragraph 1, in the context of an evaluation by the Judge, to give the President of the Court or his authorised Vice-President an opinion on the applicant; in the case of a judge ruling in the administrative judicial system, the obligation to give his opinion on the applicant shall be the appeal court. ';
62. In Paragraph 40 (2), the words "and 'shall be replaced by a comma after the words" and the words'.
63. In Paragraph 41 (2), the words "information on the conduct of the selection procedure for the office of President of the Court 'are deleted.
64. in Paragraph 41 (3), the word "his" shall be deleted;
65. In Paragraph 43 (1), the words "or absent" shall be inserted after the words "excluded."
66. In Paragraph 44, at the end of paragraph 1, the sentence "In cases of special consideration, the date of the interview may be changed with the consent of the tenderer."
Transitional provisions
1. If the dates of the opening of the blocks of professional judicial examinations have been notified before the date of entry into force of this decree, these expert judicial examinations shall be carried out in accordance with Decree No. 516 / 2021 Coll., as effective before the date of entry into force of this decree.
2. The selection procedures announced before the date of entry into force of this Order shall be followed in accordance with Decree No. 516 / 2021 Coll., as effective before the date of entry into force of this Order.
Efficacy
This Decree shall take effect on 1 July 2023.
Minister of Justice:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 206 / 2023 Coll., amending Decree No. 516 / 2021 Coll., on the expert examination, selection and training of judicial candidates, the selection of candidates for the function of judge, the selection of judges and the amendment of Decree No. 37 / 1992 Coll., the Rules of Procedure for District and Regional Courts, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2023 |
|---|---|
| Effective from | 01.07.2023 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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