Act No 214 / 2011 Coll.
Act amending Act No. 85 / 1996 Coll., on Advocate, as amended
Valid
Law
Effective from 01.09.2011
Text versions:
01.09.2011
19.07.2011
214
THE LAW
of 21 June 2011
amending Act No. 85 / 1996 Coll., on Advocate, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 85 / 1996 Coll., on the Advocacy, as amended by Act No. 210 / 1999 Coll., Act No. 120 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 228 / 2002 Coll., Act No. 555 / 2004 Coll., Act No. 205 / 2005 Coll., Act No. 79 / 2006 Coll., Act No. 312 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 254 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 219 / 2009 Coll. and Act No. 227 / 2009 Coll., is amended as follows:
1. in Paragraph 2 (1) (b) (2), the word "its" shall be deleted;
2. In Article 5d (1), the second sentence is replaced by the following: "The model, the particulars and the manner in which the lawyer's identification card is used shall be laid down in the implementing legislation; the implementing legislation may also specify the period of validity of the lawyer's identification card. ';
3. In Article 5d, the following paragraph 4 is added:
"(4) He who has been removed from the list of lawyers pursuant to Article 7b (1) (d) to (g) shall be obliged to immediately submit a certificate of entry to the list of lawyers and return the lawyer's identification card. The surrender of the certificate and the return of the lawyer's identification card in the event of suspension of the execution of the lawyer and their return to the lawyer in the event of termination of the suspension of the execution of the trial shall be subject to the provisions of the State Code. ';
4. in § 9a (1) (c) and (d), the words "in § 41 (1) (b), (d) and (e)" shall be replaced by "in § 41 (1) (b), (d) to (f)";
5. In Article 17a, the following paragraph 3 is added:
"(3) The Chamber is entitled to designate one or more suppliers of construction clothing on the basis of a selection procedure."
6. In Paragraph 35k (1), the words "officially certified 'are deleted.
7. Paragraph 35m (1) reads as follows:
"(1) The Chamber shall register a European lawyer on the list of European lawyers within one month of receipt of the written application for registration to which it must be accompanied by:
(a) documents proving that the European lawyer fulfils the conditions laid down in Article 2 (1) (b) (1) and (2);
(b) proof of compliance with Article 24a;
(c) proof that the European lawyer has paid the Chamber a fee, which is provided for by the state regulations not exceeding CZK 10,000. "
8. In Article 35m (3), the sentences of the second and third sentences are replaced by the following: "The model, the particulars and the manner in which the identification card established by the European lawyer is used shall be laid down in the implementing legislation; the implementing legislation may also specify the period of validity of the identification card of an established European lawyer. Paragraph 5d (3) and (4) shall apply mutatis mutandis to the certificate and identification card of an established European lawyer. ';
9. in § 35m (8) (a) and (b):
"(a) if he has ceased to comply with the condition of Paragraph 2 (1) (b) (1),
(b) if his authority to provide legal services in his home State has ceased to exist under § 2 (1) (b) (2); or ';
10. in Paragraph 37 (1) (e), the words "to a lawyer or to a company" shall be replaced by the words "to a lawyer, established by a European lawyer, to a company or to a foreign company."
11. in Paragraph 37 (2), after the third sentence, the sentence "The model, the particulars and the method of use of the lawyer's licence shall be inserted by means of implementing legislation; the implementing legislation may also specify the period of validity of the lawyer's license. ';
12. In Paragraph 37 (2), the fifth sentence is replaced by the following: "Paragraph 5d (3) and (4) shall apply mutatis mutandis for the identification cards of law firms."
13. in Article 44 (4) (b), "[Paragraph 43 (h)]" is replaced by "[Paragraph 43 (i)]";
14. in Paragraph 51 (3):
"(3) The Minister of Justice shall be entitled to bring an application for removal from the list of lawyers or from the list of European lawyers or for suspension of the execution of a lawyer's or European lawyers' advocacy. '
15. in § 52b, the words "European lawyers" shall be inserted after the words "State supervision of the activities of lawyers."
16. § 52c reads:
The Ministry of Justice, after prior observations by the Chamber, shall issue a decree implementing Sections 5d (1), 35m (3) and 37 (2). '
Efficacy
That law shall take effect on the first day of the second calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 214 / 2011 Coll., amending Act No. 85 / 1996 Coll., on Advocate, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.07.2011 |
|---|---|
| Effective from | 01.09.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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