Act No. 228 / 2002 Coll.
Act amending Act No. 85 / 1996 Coll., on the Advocacy, as amended, and 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)
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Effective from 01.05.2004
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228
THE LAW
of 9 May 2002
amending Act No 85 / 1996 Coll., on the Advocacy, as amended, and Act No 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of Courts and amending certain other laws (Law on Courts and Judges)
Parliament has decided on this law of the Czech Republic:
Amendment to the Lawyer Act
Act No. 85 / 1996 Coll., on Advocate, as amended by Act No. 210 / 1999 Coll., Act No. 120 / 2001 Coll. and Act No. 6 / 2002 Coll., is amended as follows:
1. Paragraph 2 (1) reads as follows:
"(1) Legal services within the territory of the Czech Republic are entitled to be provided under the conditions laid down in this Act and in the manner stated therein.
(a) lawyers,
(b) natural persons who are nationals of one of the Member States of the European Union or of the Member States of the Agreement on the European Economic Area and who have been authorised in that State to provide legal services (hereinafter referred to as "home State") under the professional title of their home State as notified in the Notice of the Ministry of Justice published in the Collection of Laws (hereinafter referred to as "European Lawyer." ';
2. In Article 3 (3), "(§ 5 (3)) 'is replaced by" (§ 5a (2))';
3. In Paragraph 5 (1), "upon request 'is replaced by" upon written request'.
4. In Paragraph 5 (1) (b), the words "or has received an education in the field of law in a higher education institution abroad, provided that this is provided for in an international agreement which the Czech Republic is bound by or recognised under specific legislation 'are added at the end of the term.
5. In Article 5, paragraphs 2 to 4 are deleted and the designation of paragraph 1 is deleted.
6. The following Sections 5a to 5g are inserted after Section 5:
(1) The Chamber shall, following a written request following the lodging of a promise, enter in the list of lawyers anyone who fulfils the conditions set out in points (a) and (d) to (g) of Section 5, and
(a) demonstrate that it is entitled to provide legal services in the manner set out in Paragraph 3 in another State under conditions compatible with that law; and
(b) pass a recognition test (§ 54 (3)).
(2) An attorney who has been entered in the list of lawyers referred to in paragraph 1 is entitled to provide legal services only in the field of the law of the State in which he has been authorised to provide legal services and in the field of international law.
(1) The Chamber shall, following a written request following the lodging of a promise, enter in the list of lawyers of a European lawyer who fulfils the conditions set out in Article 5 (a) and (d) to (g) and who shall prove that:
(a) provide legal services in the Czech Republic without any significant interruption as established European lawyer (§ 35l (1)) for at least three years;
(b) the legal services referred to in point (a) provided in the field of law of the Czech Republic.
(2) If an applicant for entry in the list of lawyers who do not fulfil the condition referred to in paragraph 1 (b) proves in an interview before a three-member commission appointed by the President of the Chamber that his knowledge of the law of the Czech Republic and of the rules of the state, as well as the experience gained in the course of the existing provision of legal services, is sufficient to perform the advocacy, the Chamber may forgive the fulfilment of this condition in whole or in part.
The Chamber shall, following a written request following a promise, enter in the list of lawyers of a national of a Member State of the European Union or of the Member States an Agreement on the European Economic Area which fulfils the conditions set out in points (a) and (d) to (g) of Section 5 and which:
(a) proves that he has fulfilled the conditions of professional education and practice laid down in that State for obtaining authorisation to provide legal services under the professional title referred to in Article 2 (1) (b); and
(b) pass the aptitude test (§ 54 (2)).
The Chamber shall issue a certificate of entry in the list of lawyers to a lawyer who has been entered on the list of lawyers, after payment of a fee which shall be provided for by a state law of no more than CZK 5,000; in the Comoros certificate, indicate the limitation of the scope of the provision of legal services pursuant to § 5a (2).
Entry into the list of lawyers shall be recorded by the Chamber in the list of lawyers without delay, no later than one week after the issue of the certificate referred to in § 5d.
A lawyer who has been entered in the list of lawyers under § 5a is entitled to apply for a new entry in the list of lawyers under § 5 or § 5c if he fulfils the conditions for entry in the list of lawyers referred to in those provisions.
The Chamber shall certify to those who demonstrate the legal interest that it fulfils the conditions for entry in the list of lawyers referred to in § 5 (b), (c) and (h). '.
7. In Article 6 (2), the words "notarial candidate" shall be added after the words "legal candidate of the Public Prosecutor," the words "executive" shall be added after the words "executive candidate" and the words "Supreme Court" shall be added after the words "Supreme Administrative Court."
8.
(1) Within nine months of the receipt of the written application, the Chamber will allow a fee to be paid, which is set by the State Code for a maximum amount of CZK 5,000 ("test fee").
(a) a bar examination (§ 54 (1)) to anyone who proves that he fulfils the conditions set out in § 5 (a) to (d);
(b) an aptitude test (Paragraph 54 (2)) to a national of one of the Member States of the European Union or of the Member States of the Agreement on the European Economic Area, showing that he fulfils the conditions set out in Sections 5 (a) and 5 (d) to (g) and 5c (a);
(c) the recognition test (§ 54 (3)) to anyone who proves that he fulfils the conditions set out in § 5 (a) and (d) to (g) and § 5a (1) (a).
(2) The Chamber shall inform the tenderer whether it fulfils the conditions for carrying out the examination referred to in paragraph 1 no later than four months after receipt of the application for the examination.
(3) Anyone who has failed to pass one of the tests referred to in paragraph 1 may, within one month of the date of its performance, ask the Comoros in writing to allow it to be repeated. The chamber of the test shall, upon payment of the test fee, allow the re-examination to take place not earlier than six months after the date on which the applicant failed. The test may only be repeated twice.
(4) Any person who has failed to succeed in one of the tests referred to in paragraph 1 within the time limit referred to in paragraph 3 or who has failed in one of the tests referred to in paragraph 1 even in its second repetition may submit a further application for the test to be carried out not earlier than three years after the date of the last test. In addition, those who so request must demonstrate that, in the last three years before the application, they have carried out the legal practice of a barrister for at least two years; otherwise the provisions of paragraph 1 shall apply mutatis mutandis.
(5) The Chamber shall, within one month of receipt of a written request for the composition of a promise and entry in the list of lawyers, allow any person who proves that he fulfils the conditions set out in Sections 5 (a) to (h) or 5a to 5c. The Chamber shall enter the applicant on the list of lawyers on or after the date indicated in the application, provided that the period between the filing of the promise and that date does not exceed three months; otherwise, the Chamber shall reject the application, stating that the recognition of another examination or recognition of another practice pursuant to Article 6 or the waiver of the conditions for entry on the list of lawyers referred to in Article 5b (2) shall cease to be valid. ';
9. in Article 7b (1) (g), the words "following the month" shall be deleted;
10. in Paragraph 8 (1), point (d) is replaced by the dot and point (e) is deleted;
11. in Article 8 (2), "§ 5 (1) (a), (b) or (d) or § 5 (2) (a)" is replaced by "§ 5 (a), (b) or (d) or § 5a (1) (a)";
12.
(1) If an attorney who has been entered on the list of lawyers pursuant to § 5a goes to suspend or terminate the right to provide legal services abroad, the Chamber shall suspend the Bar in accordance with this Act or remove it from the list of lawyers.
(2) The Chamber shall, without delay, inform the competent authority of a foreign State of the suspension of the trial of a lawyer who has been entered in the list of lawyers under § 5a and of the removal of that lawyer from the list of lawyers.
(3) If the lawyer has been suspended from the list of lawyers referred to in Article 5b, or if that lawyer has been removed from the list of lawyers, the Chamber shall inform the home State authority from which it has been authorised to provide legal services under the professional title referred to in Article 2 (1) (b) (hereinafter referred to as the "competent authority of the home State ') without delay to the extent necessary.
(4) The Chamber shall, without delay, inform the competent authority of a Member State of the European Union or of the Member State of the Agreement on the European Economic Area in which a lawyer entered in the list of lawyers pursuant to Article 5 or Article 57 provides legal services in a position similar to an established European lawyer under this Law, of the suspension of the practice of a lawyer and of the removal of that lawyer from the list of lawyers. "
13. in Article 15 (7), "Article 19 (a) and (c)" is replaced by "Article 19 (1) (a) and (c)";
14. In Article 21 (10), the words "to inform an authority in a foreign State under Article 35d 'are replaced by the words" to fulfil the information obligation under Article 10 (2) to (4), Article 35d and Article 35r (1), (2) and (4)'.
15. in Paragraph 22 (2):
"(2) The methods of determining the remuneration and compensation of the lawyer and, where appropriate, the amount thereof shall be determined by the Ministry of Justice, after prior observations by the Chamber of Justice by decree. '
16. In the second sentence of Paragraph 27 (1), the word "established 'shall be replaced by" determined'.
17. In the first sentence of Paragraph 27 (2), the word "established 'is replaced by" designated' and the word "provision 'is replaced by the word" determination'.
18. in the introductory sentence of Paragraph 35b, the words "are looked," are replaced by the words "are looked for the purposes of disciplinary proceedings,"
19. § 35d reads:
(1) The Chamber shall, without delay, inform the competent authority of a foreign State of the initiation and the outcome of the disciplinary proceedings against a lawyer who has been entered in the list of lawyers referred to in Article 5a.
(2) The Chamber shall, without delay, inform the competent authority of a Member State of the European Union or of the Member State of the Agreement on the European Economic Area in which a lawyer entered in the list of lawyers pursuant to Article 5 or Article 57 provides legal services in a position similar to a established European lawyer under this Law, of the initiation and outcome of disciplinary proceedings against that lawyer. "
20. the following Part Three is inserted after Part Two:
EUROPEAN ADVOCATE
Visiting European lawyer
Visiting European lawyer is a European lawyer who provides legal services in the Czech Republic temporarily or occasionally.
The visiting European lawyer shall use the professional title referred to in Article 2 (1) (b) when providing legal services, specifying the competent authority of the home State; that designation must be expressed in the official language or one of the official languages of the home State.
(1) A visiting European lawyer cannot be a member of an association (§ 14) or a member of the company (§ 15).
(2) A visiting European lawyer shall not be entitled to attend the Assembly and may not be elected to the Chamber's bodies.
(1) In providing legal services consisting of representation in proceedings before courts or other bodies, including defence in criminal proceedings, the visiting European lawyer shall comply with the obligations laid down in the law or the rules of law for lawyers as a representative of the parties to the proceedings. Where those provisions do not provide for a question, the visiting European lawyer shall comply with the obligations laid down in the laws, regulations or other provisions of the home State relating to the provision of legal services (hereinafter referred to as the "home state rules').
(2) When providing legal services other than those referred to in paragraph 1, a visiting European lawyer shall comply with the obligations laid down by the home State rules. Where the provisions of the home State do not provide for a question, the provisions of Sections 3 (1) and 3 (2), 16, 17, 18 (1), 19 to 21, 22 (1), 24 (1) and (2), 25, 26 and 28 shall apply to the provision of legal services by a European lawyer, as well as to the provision of specific legislation in so far as they provide for the provision of legal services by lawyers.
(3) The provisions of this Law or of the special legislation referred to in paragraph 2 shall not apply to the provision of legal services by a visiting European lawyer where compliance with the obligations laid down by them cannot be reasonably required of a visiting European lawyer, in view of all the circumstances and in particular the fact that the provision of legal services is temporary or occasional; However, this does not apply to the obligations set out in Sections 16, 17, 19 to 21 and 24 (1) and (2).
(1) If a visiting European lawyer in the Czech Republic provides legal services without significant interruptions for a period of one month, he is obliged to notify the Chamber of the address of the place in the Czech Republic for the service of documents by the Chamber, including decisions taken by the Comoros authorities in proceedings under this Act. If the visiting European lawyer fails to fulfil this obligation, the Chamber shall impose a document, stating that the effects of service of the document (s) shall take place on the third day following the deposit; This also applies in the case of documents to be served in the hands of a visiting European lawyer.
(2) Where a visiting European lawyer provides legal services consisting of representation in proceedings before courts or other bodies, including the defence in criminal proceedings, he is obliged to appoint a lawyer as his agent for the service of documents (hereinafter referred to as "service agent '); Paragraph 35p is not affected by this. The visiting European lawyer shall notify the court or other authority of the address of the post office of the service agent at the first act he takes against him; the court or other authority sends the documents, including the decision, to the address of the registered office of the service agent. If the visiting European lawyer fails to comply with this obligation, the court or other authority shall impose a document imposing the effect of service of the document (s) on the third day following the deposit; This also applies in the case of documents to be served in the hands of a visiting European lawyer.
(1) If so requested, the visiting European lawyer shall be required to prove to the Chamber, the court or other authority by the appropriate document or documents issued in the home State its authorisation to provide legal services under the professional title referred to in § 2 (1) (b) (hereinafter referred to as the licence) in the home State; the licence must be submitted by the visiting European lawyer with his officially certified translation into the Czech language.
(2) Until a visiting European lawyer fulfils the obligation under paragraph 1, he shall not be entitled to provide legal services further.
European lawyer established
(1) The established European lawyer is a European lawyer who is included in the list of European lawyers maintained by the Chamber.
(2) The established European lawyer is entitled to provide legal services on the territory of the Czech Republic continuously.
(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) proof that the European lawyer is a national of a Member State of the European Union or of the Member States of the Agreement on the European Economic Area;
(b) a licence (§ 35k (1)) not earlier than three months;
(c) proof of compliance with the obligation under Article 24 (3).
(2) The Chamber of European Advocates shall not enter in the list of European lawyers if a disciplinary measure has been imposed on it for a temporary prohibition on the provision of legal services (§ 35q (2)) and from the date on which the decision to impose such a measure was implemented, the period of at least one year has not elapsed.
(3) The Chamber shall issue a certificate of registration to a European lawyer who has been entered on the list of European lawyers, after payment of a fee, which shall be set by a state law of no more than CZK 5,000.
(4) The entry in the list of European lawyers shall be recorded by the Chamber in the list of European lawyers without delay, no later than one week, and shall inform the competent authority of the home State thereof within the same period to the extent necessary.
(5) The President of the Chamber established by a European Advocate shall remove from the list of European lawyers by a decision given in accordance with Article 55
(a) has failed to fulfil any of the obligations under Paragraph 35n (6);
(b) if his entitlement to provide legal services in his home State under the professional title referred to in Article 2 (1) (b) has ceased;
(c) if he ceases to be a national of a Member State of the European Union or of the Member States of the Agreement on the European Economic Area,
(d) for the reasons set out in § 7b (1) (e) and (f) and § 8 (1) (b) to (d).
(6) The established European lawyer,
(a) who died is removed from the list of European lawyers at the date of death;
(b) which has been declared dead, is removed from the list of European lawyers on the date of the legal authority of the decision to declare dead;
(c) where a disciplinary measure has been imposed on the temporary prohibition of the provision of legal services (Article 35q (2)), it shall be removed from the list of European lawyers on the date of the decision to impose such a measure;
(d) who has submitted a written request for removal from the list of European lawyers, accompanied by an officially certified signature, shall be removed from the list of European lawyers by the end of the calendar month in which the application was received by the Chamber.
(7) Where an established European lawyer is removed from the list of European lawyers, Articles 7b (2) and 8 (2) and (3) shall apply mutatis mutandis.
(1) Unless otherwise provided for, the provisions of this law and the rules on the rights and obligations of lawyers and, where applicable, the provisions of specific legislation shall apply mutatis mutandis to an established European lawyer, provided that he lays down the rights and obligations of lawyers in connection with the conduct of the proceedings.
(2) The established European lawyer shall be obliged to use the professional title referred to in Article 2 (1) (b) when providing legal services; that designation must be expressed in the official language or one of the official languages of the home State. An established European lawyer shall include a reference to that designation in the list of European lawyers.
(3) The established European lawyer shall be entitled to provide, for his designation in accordance with paragraph 2, an amendment expressing the fact that, in the home State and, where applicable, in other foreign States, he provides legal services together with other persons as a participant in the association or legal persons of a similar association or company under this law (Sections 14 and 15).
(4) The established European lawyer may be a member of the association (§ 14) or a member of the company (§ 15).
(5) The established European lawyer shall have the right to participate in the meeting; However, he cannot be elected to the Chamber's organs.
(6) The established European lawyer shall submit to the Chamber no later than 30 November of each calendar year
(a) a licence (§ 35k (1)) not more than three months old;
(b) proof of compliance with the obligation under Article 24 (3) for the following calendar year.
(7) The seat of an established European lawyer (Section 13) is hereby entered in the list of European lawyers.
(8) The established European lawyer may be represented under his authority by the persons referred to in § 26.
(9) Paragraphs 27 (4) and 30 (2) shall apply where an established European lawyer is removed from the list of European lawyers.
Common provisions
A European lawyer shall be entitled to provide legal services consisting of representation in proceedings before courts or other bodies, including defence in criminal proceedings, even where specific legislation provides that a party must be represented by a lawyer or that only a lawyer may be a representative of a party to proceedings.
(1) Where a European lawyer provides legal services consisting of representation in proceedings before courts or other bodies, including the defence in criminal proceedings, and provides for specific legislation that a party must be represented in the proceedings by a lawyer or that the representative of a participant may only be a lawyer, the European lawyer shall, in agreement with the client, appoint a lawyer as a consultant on procedural matters to be dealt with in the proceedings ("the consultant"); a European lawyer may also appoint a service agent pursuant to § 35j (2).
(2) The European lawyer must notify the court or other body of the address of the consultant's seat at the first act to be taken against him; until the European lawyer has fulfilled that obligation, he is not entitled to provide legal services.
(3) Unless the court or other body decides otherwise, the consultant is entitled to be present with the consent of a European lawyer in all acts in which he is entitled to be present as a representative of a European lawyer.
(4) The provisions of the preceding paragraphs shall be without prejudice to specific legislation governing proceedings before courts or other bodies.
(5) The provision of paragraph 1 shall be without prejudice to the liability of a European lawyer for damages under Article 24 (1) and (2), nor to his disciplinary liability (§ 35q (1)).
Liability and disciplinary action
(1) The European lawyer is accountable to the courts under Part Two, Title Four of this Act.
(2) The European lawyer may be subject to the disciplinary action referred to in Article 32 (3) (a) to (c) and the disciplinary action temporarily prohibiting the provision of legal services for a period of one to five years. Paragraphs 35a (3) and 35b (c) shall apply mutatis mutandis to the decision imposing a disciplinary measure temporarily prohibiting the provision of legal services.
(1) The Chamber shall inform the competent authority of the home State, to the extent necessary, of the fact that the Chairman of the Audit Board intends to initiate disciplinary proceedings against a European lawyer.
(2) If the information obligation referred to in paragraph 1 has not been complied with because of the risk of delay or if disciplinary action has been initiated following a disciplinary action brought by the Minister of Justice, the Chamber shall inform the competent authority of the home State, to the extent necessary, of the initiation of disciplinary action against the European lawyer.
(3) In a disciplinary procedure against a European lawyer, the Board of Appeal or the Board of Appeal shall, as a general rule, seek the opinion of the competent authority of the home State as one of the grounds for the decision and of the opinion of the competent authority of the home State before the case is taken.
(4) The Chamber shall inform the competent authority of the home State, without delay, of the outcome of the disciplinary proceedings against the European lawyer. "
Parts three to six shall be renumbered as parts four to seven.
21. In Paragraph 37 (1) (b), at the end, the words "or received an education in the field of law at a university abroad, provided that this is provided for in an international agreement which the Czech Republic is bound by or recognised under specific legislation."
22. at the end of Article 37 (2), the following sentence shall be added: "The Chamber shall record the entry in the list of legal associates without delay, no later than one week after the date of registration."
23. in Paragraph 37 (4) (b), the words "following the month" shall be deleted;
24. in Article 37 (4), the following point shall be replaced by a comma at the end of the dot:
"(c) who has been entered in the list of lawyers shall be removed from the list of legal associates on the date of entry in the list of lawyers."
25. In Article 37 (5), the first part of the sentence before the semicolon is replaced by the following part of the sentence: "The Bar Associate who has submitted a written request to the Chamber to suspend the performance of the legal practice of the barrister accompanied by an officially certified signature shall be suspended from the performance of the legal practice of the barrister at the end of the calendar month in which the request was received by the Chamber."
26. In Paragraph 37 (6), the word "legal 'is inserted after the word" suspension of execution'.
27. in Paragraph 40, the following paragraph 3 is inserted after paragraph 2:
"(3) The Chamber shall exercise public administration on the section of the Bar; in the exercise of public administration, the Chamber shall act in accordance with this Act and the Administrative Rules. 15)."
Paragraph 3 shall become paragraph 4.
28. in Paragraph 41 (1) (f):
"(f) the Examination Board for Law Examinations, Eligibility Tests and Recognition Examinations (" the Examination Board of the Czech Bar Association ")."
29. in Paragraph 42 (5):
"(5) The Assembly is able to make resolutions regardless of the number of lawyers present. The resolution of the Assembly shall be adopted if the majority of the lawyers present have voted for it. In selecting the members and alternates of the Comoros bodies, the number of votes cast by the lawyers present shall be decided by each candidate. ';
30. Paragraph 44 (3) reads as follows:
"(3) It is for the Board to decide on:
(a) removal from the list of lawyers referred to in Article 8 (1) (a) and (c);
(b) removal from the list of lawyers referred to in Article 37 (3) on grounds of non-compliance referred to in Article 37 (1) (c);
(c) suspension of the execution of a lawyer pursuant to Article 9 (2) (a) and (c);
(d) the suspension of the legal practice of a barrister pursuant to Article 37 (5) for the reasons set out in Article 9 (2) (a) and (c). "
31. in Article 44 (4) (f):
"(f) to comment on the examination rules for bar examinations, aptitude tests and recognition examinations (hereinafter referred to as" the bar examination rules "),"
32. in Paragraph 45 (2):
"(2) It is for the President of the Chamber to decide
(a) the appointment of a lawyer pursuant to Article 18 (2);
(b) the appointment of a lawyer's representative pursuant to Article 27 (1),
(c) the appointment of a successor to a lawyer, Article 27 (4);
(d) the removal from the list of lawyers provided for in Articles 8 (1) (b), (d) and 10 (1),
(e) the removal from the list of lawyers referred to in Article 37 (3) on grounds of non-compliance with the conditions set out in Article 37 (1) (a), (b), (d) and (e);
(f) suspending the execution of a lawyer pursuant to Articles 9 (1) and 2 (b) and 10 (1),
(g) suspension of the legal practice of a barrister pursuant to Article 37 (5) on the grounds referred to in Article 9 (2) (b);
(h) in other matters provided for by this law. ";
33.Paragraph 45 (3) reads as follows:
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Regulation Information
| Citation | Act No. 228 / 2002 Coll., amending Act No. 85 / 1996 Coll., on Advocacy, as amended, and 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) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.2002 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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