Act No. 253 / 2023 Coll.
Act amending Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, and other related laws
Valid
Law
Effective from 01.01.2024
253
THE LAW
of 2 August 2023
amending Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Association Act in political parties and political movements
Act No. 424 / 1991 Coll., on the association in political parties and political movements, as amended by Act No. 468 / 1991 Coll., Act No. 68 / 1993 Coll., Act No. 189 / 1993 Coll., Act No. 117 / 1994 Coll., Act No. 344 / 2013 Coll., Act No. 302 / 2017 Coll., Act No. 296 / 1995 Coll., Act No. 322 / 1996 Coll., Act No. 345 / 2000 Coll., Act No. 420 / 2004 Coll., Act No. 344 / 2004 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll., Act No. 151 / 2002 Coll., Act No. 501 / 2004 Coll., Act No. 556 / 2004 Coll.
1. In Paragraph 19a, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) The President of the Office shall be Head of the Office and shall direct its activities.
(3) The President of the Office and the members of the Office shall form the College of the Office. The College of the Office shall coordinate the exercise of the supervisory activities entrusted to the Office. ';
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
2. Paragraph 19b (1) reads as follows:
"(1) The President of the Office
(a) after consulting the College of the Office, approve the organisational structure of the Office, the Office's budget and the Office's final account; inform the College of the Office of changes to the Office's budget;
(b) approve the Staff Regulations after consulting the College of the Office;
(c) submit proposals to the College of the Office
1. Rules of Procedure of the College of the Office,
2. the Office's work plan;
3. the Office's activity report for the relevant calendar year; and
4. internal rules of the Office approved by the College of the Office; and
(d) decide on other matters relating to the Office, unless otherwise provided for in that or special law. "
3. In Paragraph 19b, the following paragraph 2 is inserted after paragraph 1:
"(2) The President of the Office shall be deemed to be a service authority and shall be entitled to order a public servant to perform a public service under the Civil Service Act. '.
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
4. In Paragraph 19b, at the end of the text of paragraph 3, the words "unless the member of the Office is designated or present, the President of the Office shall be represented by the oldest of the members present '.
5. In Article 19e, the following paragraphs 5 and 6 are added:
"(5) A member of the Office may request from the President of the Office information on the Office's activities and its management. The President of the Office may request from a member of the Office, and a member of the Office may request from another member of the Office or another member of the staff of a State included in the Office information on his activities and the performance of his duties. The information shall be provided within 14 days at the latest. The details of the arrangements for requesting and receiving information shall be governed by the Office's internal rules.
(6) A member of the Office is entitled to carry out the tasks assigned to him by the College of the Office to order a civil service to a civil servant under the Civil Service Act. In the event of a conflict of State service orders given to a civil servant by a member of the Office and the President of the Office, the State Service Orders given by the President of the Office shall prevail. ';
6. § 19f and 19g read:
(1) Meetings of the College of the Office shall be convened and managed by the President of the Office; they shall be carried out as necessary but at least once every 4 weeks. If any member of the Office so requests, the President of the Office shall convene a meeting of the College of the Office within 3 days of the receipt of the request to the President of the Office so that the meeting of the College of the Office takes place no later than 10 days from the date on which the request was served on the President of the Office. If the President of the Office does not convene the meetings of the College of the Office in accordance with the second sentence, he shall do so by a member of the Office who has requested that the College of the Office be convened.
(2) The meetings of the College of the Office shall be governed by the Rules of Procedure of the College of the Office, which shall lay down the details of the meetings of the College of the Office, in particular the manner in which the draft of the College of the Office is submitted, the manner in which the minutes of the College of the Office are drawn up, the voting procedure at the College of the Office and the manner in which the different opinion is recorded and the rules for the participation of other persons in the College of the Office. The Rules of Procedure of the College of the Office may lay down the conditions under which meetings of the College of the Office shall be held in a distance manner and the rules governing the meetings of the College of the Office in a distance manner.
(3) The College of the Office shall decide by voting; the decision shall be taken by a majority of its members.
(4) The College of the Office shall approve:
(a) the plan of action of the Office;
(b) a report on the Office's activities for the relevant calendar year;
(c) decrees issued by the Office;
(d) interpretative opinions issued by the Office;
(e) the Rules of Procedure of the College of the Office; and
(f) internal rules of the Office, with the exception of official regulations.
(5) The College of the Office shall decide:
(a) an objection of bias by the controller, if he or she is the President of the Office or a member of the Office; he shall be excluded from the vote on the objection of bias,
(b) the publication of information resulting from the activities of the Office pursuant to Article 19g (1) (d); and
(c) publication of other information concerning the supervisory activities of the Office.
(6) The College of the Office shall also:
(a) may entrust the President of the Office or a member of the Office with the management of the performance of supervisory activities in a specific area of competence of the Office or the exercise of supervision on a case-by-case basis, and in this context impose tasks on the President of the Office and the members of the Office;
(b) has the status of a superior person controlling, if it is for an inspection carried out by the President of the Office or by a member of the Office,
(c) discuss the Authority's supervisory activities and draft inspection protocols;
(d) discuss proposals for observations by the Office for the purposes of proceedings conducted by other institutions;
(e) discuss the draft organisational structure of the Office, the draft budget of the Office and the draft final account of the Office;
(f) discuss draft service regulations; and
(g) establish a dissolution committee and other advisory bodies, appoint and dismiss their members and propose the amount of their remuneration.
(7) The College of the Office is the management body of the Office. The College of the Office shall be the senior administrative body of the College of the Office.
(1) Office
(a) supervise the management of parties and movements and political institutes under this law;
(b) process and publish on its website a report on its activities for the calendar year concerned;
(c) publish on its website the full annual financial reports of the Parties and the Movement;
(d) publish on its website the findings arising from its activities;
(e) inform the Ministry of Finance by 31 May of the relevant calendar year whether the annual financial report of the party and the movement for the previous year has been submitted to it and whether it is found to be complete; The Office shall also inform the Ministry of Finance within that period that the annual financial report has not been submitted or is incomplete,
(f) communicate to the Ministry of Finance the outcome of an assessment of the annual financial report submitted retrospectively pursuant to Article 19h (3) or submitted at the request of the Authority to supplement or remedy the deficiencies referred to in Article 19h (5), without delay and no later than 10 days after receipt of the annual financial report;
(g) dealing with offences;
(i) exercise the powers provided for by this or other law.
(2) The Office shall exercise oversight under this Act by examining the annual financial reports submitted by the parties and movements or by its own control of the management of the parties and movements and political institutes. The Office shall have the right, in the exercise of its oversight, to acquaint itself with all data relating to the management of parties and movements and political institutes.
(3) The supervisory activities entrusted to the Office shall be carried out by the President of the Office, the members of the Office and authorised staff of the State of the Office; in its execution, they shall be shown by means of a certificate the model of which shall be laid down by the Office by decree.
(4) The President of the Office and the members of the Office in the management of the control entrusted to the College of the Office,
(a) have the status of a superior person controlling; and
(b) decide on the objection to the bias of a member of the staff of a State classified in the Office in connection with the control which he is conducting. ";
Transitional provision
The first meeting of the College of the Office for the Management of Political Parties and of the Political Movement (hereinafter referred to as the Office) shall be convened by the President of the Office within 10 days of the date of entry into force of this Act so that the first meeting of the College of the Office shall take place within 30 days of the date of entry into force of this Act. If the President of the Office does not convene the meetings of the College of the Office in accordance with the first sentence, the oldest member of the Office shall do so. At the first meeting of the College of the Office, the President of the Office shall submit for approval the draft Rules of Procedure of the College of the Office.
EFFECTIVE
This Act shall take effect on 1 January 2024.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 253 / 2023 Coll., amending Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.08.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 312
The regulation text is for informational purposes only.
Comments 0