Act No. 216 / 2008 Coll.
Act amending Act No. 159 / 2006 Coll., on Conflict of Interest
Valid
Law
Effective from 20.06.2008
Text versions:
20.06.2008
216
THE LAW
of 22 April 2008
amending Act No 159 / 2006 Coll., on Conflict of Interest
Parliament has decided on this law of the Czech Republic:
Amendment of the Conflict of Interest Act
Act No 159 / 2006 Coll., on Conflict of Interest, is amended as follows:
1. in Article 2 (1), points (g), (h), (l) and (m) are deleted;
Points (i) to (k) shall be renumbered (g) to (i) and (n) to (q) shall be renumbered (j) to (m).
2. In Article 2 (1) (d), the words "and Inspector 'shall be inserted after the words" the President'.
3. the words "and his representative" shall be added at the end of Paragraph 2 (1) (i).
4. In Article 2 (1) (k), the words "and a member of the regional council who was not in employment before being elected to the office of representative but who performs functions to the same extent as a member of the regional council who has long been released for the performance of his duties' shall be added at the end.
5. In Article 2 (1) (l), the words "and a member of the council of a municipality who was not in employment before being elected to the office of a member of the council but who performs functions to the same extent as a member of the council of a municipality which is long-term vacancy for the performance of the duties' shall be added at the end.
6. In Article 2 (1) (m), the words ", Vice-Mayor of the municipality 'shall be inserted after the words" Mayor of the municipality'.
7. in Article 2 (2) and (3), including footnotes 3a, 3b and 3c:
"(2) For the purposes of this Act, where public officials are not covered by paragraph 1, they shall also:
(a) the Director of the Security Corps and the Head of the Security Corps, 1st and 2nd Management Level, in accordance with the Special Legislation (3a), in the Security Corps, with the exception of the members of the intelligence services 3b);
(b) a member of a statutory body, a member of a management, supervisory or supervisory body of a legal person established by law, a State contribution organisation, a contribution organisation of a local authority, with the exception of members of the administrative boards of public higher education institutions and a statutory body or members of a statutory body, members of the management, supervisory or supervisory body of self-governing staves established by law;
(c) a head of staff of 2nd to 4th degree of proceedings under special legislation (3c) of a legal person established by law, state contribution organisations, contribution organisations of a local authority,
(d) the head of the organisational body of the State which is the administrative authority, and the head of staff of the second to fourth stages of the procedure under the special rule of law (3c) in the organisational component of the State, with the exception of intelligence services (3b);
(e) a senior official of the local authority involved in the administrative activities assigned to the municipal office, to the municipal office, to the municipal authority or to the municipal authority of the statutory city or to the municipal authority of the territorial division of the statutory city, to the municipal authority or the municipal office of the local authority of the local authority, to the regional authority, to the municipality of the capital of Prague or to the office of the municipal district of Prague.
(3) Obligations under this law shall apply to the person referred to in paragraph 2 only if, in the course of his or her activities:
(a) treat the funds of a public authority as the principal of an operation within the meaning of the Financial Control Act if the value of the financial operation exceeds CZK 250,000;
(b) participate directly in the decision-making process in the award of a contract or in the exercise of the rights and obligations of the contracting authority in the performance of the contract awarded;
(c) decide in administrative proceedings, with the exception of block proceedings; or
(d) participate in the conduct of criminal prosecution.
3a) § 118 (3) of Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps.
3b) § 3 of Act No. 153 / 1994 Coll., on Intelligence Services of the Czech Republic.
3c) § 124 (3) of Act No. 262 / 2006 Coll., Labour Code. '
8. In Article 3 (2), the word "or 'shall be added at the end of point (b).
9. in Article 4 (1), the words "(c) to (g) and (i) to (m) 'are replaced by the words" (c) to (h)' and the words "or 'are added at the end of point (b).
10. in Article 6, the words "Article 2 (1) (c) to (g) and (i) to (q) and (2) (c) to (f)" shall be replaced by the words "Article 2 (1) (c) to (l) and (2) (b) to (e)" and the words "State or Territorial Authority" shall be replaced by the words "State, Territorial Authority or Legal Entity established by law or established or established by a State or Territorial Authority in total."
11. in Article 8 (1), the words "a constitutional authority or another state authority or a local authority" shall be replaced by the words "a constitutional authority, another state authority, a local authority or an authority of a legal entity established by law."
12. in Article 8 (2), the words "in writing before or orally during the proceedings" shall be replaced by "orally during the proceedings."
13. Paragraph 10 (3) is deleted.
14.
Notification register
(1) The register of notifications of activities, of property and of revenue, gifts and liabilities (hereinafter referred to as "the register") is a set of documents submitted by public officials pursuant to Article 12 (4); in the notification, the public office shall indicate its name, surname, date of birth, the name of the authority in which it operates, indicating the function it holds in that authority and the information required under Articles 9 to 11 and 12 (2). The register shall be kept by the competent registration authority (Section 14 (1)) in electronic form, unless otherwise specified.
(2) Everyone shall have the right, upon written request, to inspect the register free of charge and to obtain copies and extracts thereof. The register may be consulted in person by the registration authority or in electronic form through a public data network. The extracts and copies shall not be authenticated by the registration authority and shall not have the character of authentic instruments.
(3) The written application shall include the name, surname, date of birth, permanent residence and address for service of the applicant and an indication of whether the applicant will consult the register in person or in electronic form through the public data network. Application may be made
(a) in person with the registration authority;
(b) through a postal service operator; or
(c) electronically to the electronic mail office of the recording authority.
(4) Upon verification of an application for access to the register in electronic form through a public data network, the registration authority shall grant the applicant a user name and access password to the register which it shall deliver to the applicant, without undue delay, through the postal service operator, in its own hands, except for an application submitted pursuant to paragraph 3 (a). To communicate to a third party the username and access password to the register in electronic form via the public data network is prohibited.
(5) In addition, only the information in the register relating to a Member, a Senator, a Member of the Government and a public official referred to in § 2 (1) (j) to (l) may be published.
(6) Everyone has the right to communicate in writing to the register-keeping authority (Paragraph 14 (1)) facts which suggest that the information contained in the notifications registered in the register is incorrect or incomplete; the communication may also be made in electronic form via the public data network. Within 30 days of the date of receipt of the communication, the certifying authority shall notify the person who made the communication in writing, as is the case with the communication; Where the communication has been made in electronic form, this may also be answered.
(7) A certification body (§ 14), which becomes aware from the available information that a public official has committed acts of infringement (§ 23 (1)), shall immediately notify the competent authority of the State administration of that fact in accordance with the special legislature8a).
(8) Each person has the right to notify a public authority or a local authority of his or her suspicion that a public official has infringed the obligations under this Act.
(9) All data held in the registry may be used and further processed, except as referred to in paragraph 5, only in order to identify any conflict of interest in the performance of the public office. The processing of personal data in the register shall be without prejudice to the protection of personal data under specific legislation9).
8 (a) § 58 of Act No. 200 / 1990 Coll., on Infringements, as amended.
(b) Section 67 of the Code of Infringements. ';
15. in Article 14 (1) (a), "§ 2 (1) (a), (c) to (g) and (i) to (n)" is replaced by "§ 2 (1) (a) and (c) to (i)";
16. in Article 14 (1) (b), the words "and (h)" shall be deleted;
17. in Paragraph 14 (1) (c), "(a) to (e)" is replaced by "(a) to (d)";
18. in Paragraph 14 (1), the following point (d) is inserted after point (c):
"(d) The Czech National Bank for Public Offices referred to in § 2 (2) (c), if they are its employees, '.
Points (d) to (g) shall be renumbered as points (e) to (h).
19. in Article 14 (1) (e), the words "(o) and (2) (f)" shall be replaced by the words "(k) and (m) and (2) (e)" and the words "staff of their regional office" shall be replaced by the words "senior officials in the regional office."
20. in Paragraph 14 (1) (f), the words "(o) and (2) (f)" shall be replaced by the words "(l) and (2) (e)" and the words "staff member" shall be replaced by the words "senior officials in."
21. in Paragraph 14 (1) (g) and (h), the words "(p) and (q)" shall be replaced by the words "(l) and (m)" and the words "staff" shall be replaced by the words "senior officials in."
22. in Paragraph 14 (2) (b), "2" is replaced by "3."
23. in Paragraph 14 (2) (e), "3" is replaced by "6."
24. in Paragraph 14 (2) (f), "4" is replaced by "7."
25. in Article 14 (2), point (g) is deleted;
Point (h) shall be renumbered as point (g).
26. In the first sentence of Paragraph 14 (3), the words "unless the information is part of the register 'and the last sentence are deleted.
(27) Title VI shall be deleted, including the title and footnote 10.
28. Paragraph 23 to 25, including footnote 10, read:
(1) The transfer shall be committed by a public official who:
(a) has not submitted a notification of personal interest pursuant to Article 8;
(b) has failed to comply with the time limit for lodging the declaration provided for in paragraphs 9 to 12 and has not submitted it within an additional period;
(c) indicate manifestly inaccurate, incomplete or false information in the declaration referred to in Articles 9 to 11 and 12 (2),
(d) perform a function or activity which this law provides for to be incompatible with the performance of a public office.
(2) A transfer shall be made by a natural person who:
(a) use or further process data held in the registry for a purpose other than to identify any conflict of interest in the performance of the public office function referred to in Article 13 (7);
(b) infringes the obligation of confidentiality provided for in Article 14 (3) on the facts which it has learned from the data registered in the register or on persons who have communicated to the registered authority facts suggesting that the information given in the notifications registered in the register is false or incomplete;
(c) inform the third party without right of access of the user name and access password to the register in electronic form in accordance with Article 13 (4).
A fine of up to CZK 50,000 may be imposed for an offence pursuant to § 23.
(1) When determining the amount of the fine, account shall be taken of the seriousness of the offence, in particular of the manner and circumstances of its commission, the importance and extent of its consequences, the duration of the infringement and the fact whether the person responsible has made an effort to eliminate or mitigate the harmful consequences.
(2) The transfers referred to in Article 23 (1) shall be dealt with by the municipal authority of the municipality with extended scope, in whose territorial area the public office has permanent residence. The transfers referred to in Article 23 (2) shall be discussed by the Data Protection Office. The procedure shall be followed in accordance with the law on transgressive10), with the exception of Sections 84 to 87, unless otherwise provided for by that law.
(3) The fines imposed for infringements pursuant to Article 23 (1) shall be collected and enforced by the authority which imposed them; revenue from fines is the revenue from the budget of the municipality whose authority has imposed a fine. Penalties imposed for offences pursuant to Article 23 (2) shall be collected and enforced by the competent customs office; income from fines is the income of the state budget.
(4) The fine shall be payable within 30 days of the date on which the decision to impose it became final.
(5) The collection and enforcement of fines imposed shall be carried out in accordance with special legislation11).
10) Act No. 200 / 1990 Coll., on Infringements, as amended. '
29. In Section 26, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The notice provided for in Articles 9 to 11 and 12 (2) shall be submitted by the public office for the first time by 30 June 2008."
30. The following Section 26a is inserted after Section 26:
(1) The minutes of the honorary declarations of public officials submitted until 31 December 2006 pursuant to Act No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest and on the incompatibility of certain functions (the Act on Conflict of Interest), shall be maintained and kept by the Mandate and Immunity Committee of the Chamber of Deputies as regards Senators and the Senate Mandate and Immunity Committee as regards Members, Members of the Government and the Head of Central Administrative Offices, which are not headed by a member of the Government.
(2) Every citizen shall have the right, upon written request, to consult the records kept in accordance with paragraph 1. This right shall include the right to consult all documents deposited and the right to obtain extracts and copies thereof.
(3) The written request referred to in paragraph 2 shall include the applicant's name, surname, date and place of birth and permanent residence. It shall be submitted to the Mandate and Immunity Committee of the relevant Chamber of Parliament of the Czech Republic.
(4) The mandate and immune committee will verify the identity of the applicant as regards his / her name, surname, date and place of birth and permanent residence. Without such verification, the applicant may not be allowed to consult the register referred to in paragraph 2.
(5) The extracts and copies referred to in paragraph 2 shall not be authenticated by the Mandate and Immunity Committee or by other authorities and shall not be authentic.
(6) Data contained in the honorary declarations of public officials referred to in paragraph 1, with the exception of the heads of central administrative offices not headed by a member of the government, may be made public. "
Transitional provision
1. The transgression is also a guilty breach of the obligations of a public official, for which he was able to be fined by a court in the administrative justice system before the law was effective and which is also an infringement under that law.
2. The legal proceedings for infringement of the obligation of public officials initiated before the date of application of this Act, in which no decision has been taken by the date of entry into force of this Act, shall be terminated. The appellant is entitled to comply with § 13 (7) or (8).
(3) The period during which proceedings have been brought before the courts referred to in paragraph 2 shall not be taken into account in the course of the period beyond which the specific law of the offence cannot be negotiated.
Amendment to the Administrative Rules of Procedure
Act No. 150 / 2002 Coll., Administrative Rules, as amended by Act No. 192 / 2003 Coll., Act No. 22 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 555 / 2004 Coll., Act No. 127 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 357 / 2005 Coll. and Act No. 413 / 2005 Coll., are amended as follows:
1. in Paragraph 4 (2), point (e), including footnote 1c, shall be deleted;
2. Paragraph 7 (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
Amendment to the Banking Act
Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 264 / 1992 Coll., Act No. 292 / 1993 Coll., Act No. 156 / 1994 Coll., Act No. 83 / 1995 Coll., Act No. 84 / 1995 Coll., Act No. 61 / 1996 Coll., Act No. 306 / 1997 Coll., Act No. 16 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 165 / 1998 Coll., Act No. 120 / 2001 Coll., Act No. 239 / 2001 Coll., Act No. 413 / 2005 Coll., Act No. 126 / 2002 Coll., Act No. 453 / 2003 Coll., Act No. 257 / 2004 Coll., Act No. 439 / 2004 Coll., and Act No. 413 / 2005 Coll., is amended as follows:
1. in Paragraph 38 (3), point (k), including footnote 9c, shall be deleted;
2. In Article 38 (5), the words "paragraph 3 (a), (h) and (k) 'are replaced by the words" paragraph 3 (a) and (h)'.
Amendment to the Capital Market Enterprise Act
In Article 115 (1) of Act No. 256 / 2004 Coll., on Capital Market Enterprise, as amended by Act No. 635 / 2004 Coll. and Act No. 296 / 2007 Coll., point (i) is deleted.
Amendment of the Law on judicial fees
Act No. 549 / 1991 Coll., on judicial fees, as amended by Act No. 71 / 1992 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 151 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 227 / 1997 Coll., Act No. 103 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 241 / 2000 Coll., Act No. 55 / 2004 Coll., Act No. 628 / 2004 Coll., Act No. 151 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 192.
1. in Article 11 (2), point (s) shall be deleted;
2. In the Annex, the fee scale shall be deleted from item 14a (2) (d).
Point (e) shall be renumbered as point (d). ';
Efficacy
This Act shall take effect on the day of its publication.
Wolf
Topolánek v. r.
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Regulation Information
| Citation | Act No. 216 / 2008 Coll., amending Act No. 159 / 2006 Coll., on Conflict of Interest |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.06.2008 |
|---|---|
| Effective from | 20.06.2008 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Banking, Money
Securities
Taxes
Finance
Power of executive and government authorities
Power of legislative and parliamentary procedure
Fees
Self-administration
Judicial and Public Prosecutor's Office
Administrative offences
Administrative authorities
Administrative law
Administrative judiciary
State (official) control
Government
Constitutional (state) law
Territorial Authority
The regulation text is for informational purposes only.
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