Decree No. 219 / 2018 Coll.
Decree amending Decree of the Ministry of Justice No. 197 / 1996 Coll., which is issued by the Examination Rules for Law Examinations and Recognition Examinations, as amended
Valid
Effective from 01.07.2019
219
DECLARATION
of 20 September 2018
amending Decree No. 197 / 1996 of the Ministry of Justice Coll., which issues the examination rules for the bar examinations and recognition examinations (the bar examination rules), as amended
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 Advocate, as amended by Act No. 228 / 2002 Coll.:
Decree No. 197 / 1996 Coll., which issues the Rules of Examination for Law and Recognition (Law and Law), as amended by Decree No. 245 / 1999 Coll., Decree No. 267 / 2003 Coll. and Decree No. 487 / 2012 Coll., is amended as follows:
1. In Paragraph 2 (1), the words "written test 'shall be inserted after the words" consists of'.
2. In Paragraph 2, the sentence "A written test shall be carried out on one day, from the fields referred to in Paragraph 1 (1), at the beginning of paragraph 2; the successful composition of the test shall be a condition for carrying out the written and oral part of the test. '
3. In Section 3, "Test 'is replaced by" Oral part of the test'.
4.
(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 fails to comply with 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. '
5. The following Sections 4a to 4c are inserted after Section 4:
(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 for another available deadline. ';
6. In Paragraph 5 (1), the words "which the Chamber has been allowed to carry out the test 'are replaced by the words" who have applied for the written and oral part of the test'.
7. In the first sentence of Article 5 (2), the words "written and oral parts' shall be inserted after the words" holding '.
8. In the first sentence of Article 6 (5), the word "eight 'is replaced by" 6'.
9. In Article 7 (3), "two hours' is replaced by" 90 minutes';
10. In the second sentence of Paragraph 8 (2), the words "three disciplines' are replaced by the words" four disciplines; this does not apply if the candidate repeated the test '.
11.
(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 at the latest six months after two or more disciplines have been assessed in a "non-profit-making" grade and a candidate who has not submitted a repeat test in accordance with paragraph 1. "
12.
A report on the conduct of the bar exam, the aptitude test and the recognition examination and the written work shall be filed by the Chamber for a period of 10 years. ';
footnotes 1 and 2 are deleted.
Transitional provisions
1. The bar test, the aptitude test and the recognition test for which a candidate who fulfils the conditions laid down by law has applied before the date of entry into force of this decree shall be completed in accordance with existing legislation; This shall not apply if the candidate does not participate in the examination for any reason.
2. Article 19 of Decree No 197 / 1996 Coll., as effective from the date of entry into force of that order, applies mutatis mutandis to documents relating to the bar examinations and professional examinations of a commercial lawyer under existing legislation.
3. The Czech Bar Association will publish on its website a full set of questions for the written test no later than 1 month before the decree becomes effective.
Efficacy
This Regulation shall enter into force on 1 July 2019.
Minister of Justice:
JUDr. Priest, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 219 / 2018 Coll., amending Decree No. 197 / 1996 Coll., issued by the Rules of Procedure for Law and Recognition Examinations (Law and Law), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.10.2018 |
|---|---|
| Effective from | 01.07.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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