Act No. 225 / 2023 Coll.
Act amending Act No. 483 / 1991 Coll., on Czech Television, as amended, Act No. 484 / 1991 Coll., on Czech Radio, as amended, and Act No. 90 / 1995 Coll., on Rules of Procedure of the Chamber of Deputies, as amended
Valid
Law
Effective from 01.10.2023
Text versions:
01.10.2023
14.07.2023
225
THE LAW
of 21 June 2023
amending Act No. 483 / 1991 Coll., on Czech Television, as amended, Act No. 484 / 1991 Coll., on Czech Radio, as amended, and Act No. 90 / 1995 Coll., on the Rules of Procedure of the Chamber of Deputies, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Czech Television Act
Act No. 483 / 1991 Coll., on Czech Television, as amended by Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 301 / 1995 Coll., Act No. 39 / 2001 Coll., Act No. 231 / 2001 Coll., Act No. 82 / 2005 Coll., Act No. 127 / 2005 Coll., Act No. 304 / 2007 Coll., Act No. 384 / 2008 Coll., Act No. 132 / 2010 Coll., Act No. 153 / 2010 Coll., Act No. 302 / 2011 Coll. and Act No. 252 / 2017 Coll., are amended as follows:
1. § 4, including footnote 12, reads:
(1) The body exercising the public's right to control the activities of Czech television is the Council of Czech Television (hereinafter the Council). The Council shall have 18 members. The term of office of a member of the Council shall be six years. The members of the Council elect and dismiss the Chamber of Deputies and the Senate in such a way that significant regional, political, social and cultural currents are represented.
(2) The Chamber of Deputies and the Senate elect members of the Council from candidates proposed by legal persons, from which at least 10 years have elapsed at the time of the proposal and which represent cultural, regional, social, trade union, employer, religious, educational, scientific, ecological and national interests. Proposals may be submitted within 30 days of the date of publication of the invitation by the President of the Chamber of Deputies to submit the proposals in the manner laid down by the resolution of the Chamber of Deputies or from the date of publication of the invitation by the President of the Senate to submit the proposals in the manner laid down by the resolution of the Senate.
(3) If the duration of the existence of the legal person referred to in paragraph 2 cannot be verified in a public register, that legal person shall also attach to the proposal for a candidate for a member of the Council an extract or other document or documents proving that the legal person fulfils the condition laid down in paragraph 2.
(4) A member of the Council may be elected a citizen of the Czech Republic who:
(a) it is not restricted in its own right;
(b) has permanent residence in the Czech Republic, and
(c) is fair; a person who has been convicted of a criminal offence committed intentionally shall not be deemed to be righteous if his conviction for that offence has not been exterminated or for any other reason he is not regarded as having been convicted, and if he does not fulfil the conditions for the performance of his duties under special law (1e).
(5) The Chamber of Deputies shall elect 12 members of the Council from among the candidates proposed pursuant to paragraph 2; members may be re-elected. New members shall be elected for the remainder of the term of office of the member whose post has become vacant. The names of the elected members of the Council shall be notified by the Chamber of Deputies without undue delay to the Senate.
(6) The Senate shall elect six members of the Council from candidates proposed to it pursuant to paragraph 2; members may be re-elected. New members shall be elected for the remainder of the term of office of the member whose post has become vacant. The names of the elected members of the Council shall be notified by the Senate to the Chamber of Deputies without undue delay.
(7) Individual members of the Council shall be responsible for their duties to the Chamber of Parliament which elected them.
(8) Membership of the Council is public function12).
(9) The Council elects and rescues the President and Vice-President from among its number. If the President is elected from among the members elected by the Chamber of Deputies, the Vice-President will be elected from among the members elected by the Senate and vice versa.
12) § 201 of Act No. 262 / 2006 Coll., Labour Code, as amended by Act No. 99 / 2017 Coll. '
footnote 2 is deleted.
2.
(1) Membership of the Council shall cease to exist
(a) the expiry of the term of office;
(b) on the day immediately following the date of service of the resignation in writing to the President of the Chamber of Parliament which has elected a member of the Council;
(c) withdrawal from office;
(d) the date on which a member of the Council no longer fulfils the conditions for election as a member of the Council laid down in Paragraph 4 (4).
(2) The Chamber of Parliament which has elected a member of the Council shall remove a member of the Council from office,
(a) if it no longer fulfils the conditions for the performance of the duties of a member of the Council laid down in Article 5;
(b) if he has seriously undermined the dignity of a member of the Council or if he has committed such conduct as to call into question his independence or impartiality in the performance of a member of the Council;
(c) does not participate in Council meetings for more than 3 months. "
3. In Article 7 (2), the words "one of the Vice-Presidents' shall be replaced by the words" Vice-President '; the words "the appointment of the Director-General of Czech Television (hereinafter referred to as" the Director-General') and the decisions' shall be replaced by the words "the appointment of a Director-General of Czech Television (hereinafter referred to as" the Director-General '); the words "the appointment of a Director-General of Czech Television (hereinafter referred to as" the Director-General') shall be replaced by the words "at least two thirds';
4. In Article 8 (1) (d), the words "the European Communities' are replaced by the words" the European Union 'and the words "television, 6)' are replaced by the words" television '.
footnote 6 is deleted, including the footnote references.
5. In Paragraph 8 (2), the words "simultaneously 'shall be deleted, the words" and the Senate' shall be inserted after the words "and the last sentence shall be replaced by the words" Both annual reports shall be published by the Council no later than 3 days after the date of approval in a manner which allows remote access'.
6. in Articles 8 (2), 8a (1) and 11a (2) and (3), the words "the European Communities" shall be replaced by the words "the European Union";
7. In Paragraph 8a (3), "3 'is replaced by" 4' and "1 and 2 'is deleted.
8. In Article 9 (4) and (11), "3 'is replaced by" 4'.
9. In Paragraph 9 (6), point (e) is replaced by the dot and point (f) is deleted.
10. in Article 9 (12), the words "or as a result of the death of the Director-General" shall be inserted after the words "paragraph 6."
Transitional provisions
1. The members of the Senate shall be elected by the Senate within 3 months of the date of entry into force of this Act to the 3 positions of the members of the Czech Television Council (hereinafter referred to as "the Council '), which arise on the date of entry into force of this Act. The Senate shall continue to elect members to these Council positions.
2. To the posts of members of the Council which are vacant at the date of entry into force of this Act or which shall be released after the entry into force of this Act by the expiry of the term of office of members of the Council who have been elected pursuant to Act No. 483 / 1991 Coll., as effective before the date of entry into force of this Act, the members of the Senate shall elect members of the Senate pursuant to Act No. 483 / 1991 Coll., as effective from the date of entry into force of this Act, but not more than 3 posts. The Senate shall continue to elect members to these Council positions.
3. At the remaining 12 Council positions, the Chamber of Deputies continues to elect members under Act No. 483 / 1991 Coll., as effective from the date of entry into force of this Act.
Amendment of the Czech Radio Act
Act No. 484 / 1991 Coll., on Czech Radio, as amended by Act No. 36 / 1993 Coll., Act No. 253 / 1994 Coll., Act No. 301 / 1995 Coll., Act No. 135 / 1997 Coll., Act No. 192 / 2002 Coll., Act No. 127 / 2005 Coll., Act No. 196 / 2009 Coll., Act No. 79 / 2015 Coll. and Act No. 374 / 2021 Coll., is amended as follows:
1. Paragraph 4, including footnote 5, reads as follows:
(1) The Council of the Czech Radio (hereinafter referred to as the Council) is the body which exercises the public's right to control the activities of the Czech Radio. The Council shall have nine members. The term of office of a member of the Council shall be six years. The members of the Council elect and dismiss the Chamber of Deputies and the Senate in such a way that significant regional, political, social and cultural currents are represented.
(2) The Chamber of Deputies and the Senate elect members of the Council from candidates proposed by legal persons, from which at least 10 years have elapsed at the time of the proposal and which represent cultural, regional, social, trade union, employer, religious, educational, scientific, ecological and national interests. Proposals may be submitted within 30 days of the date of publication of the invitation by the President of the Chamber of Deputies to submit the proposals in the manner laid down by the resolution of the Chamber of Deputies or from the date of publication of the invitation by the President of the Senate to submit the proposals in the manner laid down by the resolution of the Senate.
(3) If the duration of the existence of the legal person referred to in paragraph 2 cannot be verified in a public register, that legal person shall also attach to the proposal for a candidate for a member of the Council an extract or other document or documents proving that the legal person fulfils the condition laid down in paragraph 2.
(4) A member of the Council may be elected a citizen of the Czech Republic who:
(a) it is not restricted in its own right;
(b) has permanent residence in the Czech Republic, and
(c) is fair; a criminal offence committed intentionally shall not be deemed to be fair, unless his conviction for that offence has been exterminated or otherwise is regarded as not having been convicted, and he who does not fulfil the conditions for the performance of his duties under special law 1d).
(5) The Chamber of Deputies shall elect six members of the Council from among the candidates proposed under paragraph 2; they may be re-elected. New members shall be elected for the remainder of the term of office of the member whose post has become vacant. The names of the elected members of the Council shall be notified by the Chamber of Deputies without undue delay to the Senate.
(6) The Senate shall elect three members of the Council from candidates proposed to it pursuant to paragraph 2; members may be re-elected. New members shall be elected for the remainder of the term of office of the member whose post has become vacant. The names of the elected members of the Council shall be notified by the Senate to the Chamber of Deputies without undue delay.
(7) Individual members of the Council shall be responsible for their duties to the Chamber of Parliament which elected them.
(8) Membership of the Council is a public function (5).
(9) The Council elects and rescues the President and Vice-President from among its number. If the President is elected from among the members elected by the Chamber of Deputies, the Vice-President will be elected from among the members elected by the Senate and vice versa.
5) Article 201 of Act No. 262 / 2006 Coll., as amended by Act No. 99 / 2017 Coll. '.
footnote 2 is deleted.
2.
(1) Membership of the Council shall cease to exist
(a) the expiry of the term of office;
(b) on the day immediately following the date of service of the resignation in writing to the President of the Chamber of Parliament which has elected a member of the Council;
(c) withdrawal from office;
(d) the date on which a member of the Council no longer fulfils the conditions for election as a member of the Council laid down in Paragraph 4 (4).
(2) The Chamber of Parliament which has elected a member of the Council shall remove a member of the Council from office,
(a) if it no longer fulfils the conditions for the performance of the duties of a member of the Council laid down in Article 5;
(b) if he has seriously undermined the dignity of a member of the Council or if he has committed such conduct as to call into question his independence or impartiality in the performance of a member of the Council;
(c) if he does not perform his duties for more than 3 months. "
3. In Article 7 (2), the words "appointment and 'shall be deleted and the words" at least 6' shall be replaced by the words "at least two-thirds';
4. in Paragraph 8 (1) (e), "8" is replaced by "9" and "7" is replaced by "8."
5. In Paragraph 8 (2), the words "and the Senate 'shall be inserted after the words" to the House'.
6. In Paragraph 8a (2), "function.2) 'is replaced by" functions5).';
7. In Paragraph 8a (3), "3 'is replaced by" 4' and "1 and 2 'is deleted.
8. In Articles 9 (4) and 9 (10), "3 'is replaced by" 4'.
9. Paragraph 9 (5) and (6) read:
"(5) The conditions laid down in Article 5 (1) and (2) shall apply mutatis mutandis to the performance of the duties of Director-General.
(6) The performance of the duties of Director-General is hereby terminated
(a) the expiry of the term of office;
(b) on the day immediately following the date of service of the resignation of the Director-General to the Council in writing;
(c) on the day immediately following the date on which the Council's decision to withdraw from office was served on the Director-General;
(d) the date on which the decision of the Director-General became final;
(e) the date on which the judgment in which the Director-General was sentenced for an offence committed intentionally or for an offence committed in connection with the operation of radio broadcasting takes effect;
(f) death. ';
10. In Article 9, the following paragraph 7 is inserted after paragraph 6:
"(7) The Council may remove the Director-General from office,
(a) if the Czech Radio does not fulfil the public service tasks in the field of radio broadcasting under this Act (§ 2 and 3) or the obligations arising from special legislation (c), or if it fails to fulfil its programmes the principle of the Czech Radio Code, if the Director-General has been notified in writing by the Council during the last 12 months;
(b) if the Director-General infringes his obligations under the law or the Statute of the Czech Radio, if the Director-General has been notified in writing of a breach of his duties by the Council during the last 12 months,
(c) if the Director-General no longer fulfils the conditions for the performance of his duties (Paragraph 5 (1) and (2)); or
(d) where the Director-General does not perform his duties for a period of 6 months. "
Paragraphs 7 to 12 shall be renumbered paragraphs 8 to 13.
11. in Article 9 (11) and (13), "9" is replaced by "10."
12. In Paragraph 9 (12), the words "the Council shall appoint the interim Director of the Czech Radio (hereinafter referred to as" the Interim Director ")" shall be replaced by the words "the head of staff designated by the Statute of the Czech Radio (hereinafter referred to as the Deputy Director General)."
13. in Paragraph 9 (13), the words "interim director" shall be replaced by the words "Deputy Director General."
14. in Paragraph 12 (1), "8" is replaced by "9."
Transitional provisions
1. The Council of the Czech Radio (hereinafter referred to as "the Council") shall, at its first meeting after the entry into force of this Act, but no later than 3 months after the date of entry into force of this Act, specify by lottery 6 of its posts to which the Chamber of Deputies continues to elect its members; This shall be without prejudice to their term of office. Other Council members' posts shall be deemed to be elected by the Senate.
2. The members of the Council, at the posts deemed to be elected by the Senate pursuant to paragraph 1, shall be deemed to have been elected by the Senate under Act No. 484 / 1991 Coll., as effective from the date of entry into force of the Act; the duration of the term of office is not affected.
Amendment to the Rules of Procedure of the Chamber of Deputies
Act No. 90 / 1995 Coll., on the Rules of Procedure of the Chamber of Deputies, as amended by Act No. 47 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 78 / 2002 Coll., Act No. 192 / 2002 Coll., Act No. 282 / 2004 Coll., Act No. 359 / 2004 Coll., Act No. 482 / 2004 Coll., Act No. 167 / 2005 Coll., Act No. 265 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 275 / 2012 Coll., Act No. 265 / 2014 Coll., Act No. 300 / 2017 Coll., Act No. 200 / 2009 Coll., Act No. 170 / 2011 Coll.
1. in paragraphs 32 and 46a (1) and (2), the words "Election Committee" shall be replaced by the words "Media Affairs Committee";
2. The heading of § 46a reads: "Committee on Media Affairs."
3. In Paragraph 46a (2), "organisations and associations' is replaced by" legal persons'.
EFFECTIVE
This Act shall take effect on 1 October 2023.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 225 / 2023 Coll., amending Act No. 483 / 1991 Coll., on Czech Television, as amended, Act No. 484 / 1991 Coll., on Czech Radio, as amended, and Act No. 90 / 1995 Coll., on the Rules of Procedure of the Chamber of Deputies, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.07.2023 |
|---|---|
| Effective from | 01.10.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 263
The regulation text is for informational purposes only.
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