Decree No. 267 / 2003 Coll.
Decree amending Decree No. 197 / 1996 Coll., which gives rise to the order for the examination of law and recognition (Law order), as amended by Decree No. 245 / 1999 Coll.
Valid
Order
Effective from 01.05.2004
Text versions:
01.05.2004
22.08.2003
267
DECLARATION
of 5 August 2003
amending Decree No 197 / 1996 Coll., laying down the rules of examination for the bar examinations and recognition examinations (the bar examination order), as amended by Decree No 245 / 1999 Coll.
The Ministry of Justice, after prior observations by the Czech Bar Association pursuant to § 52 paragraph 1 of Act No. 85 / 1996 Coll., on the Advocate's Office, as amended by Act No. 228 / 2002 Coll.:
Decree No 197 / 1996 Coll., which establishes the examination rules for bar examinations and recognition examinations (Bar examination rules), as amended by Decree No 245 / 1999 Coll., is hereby amended as follows:
1. In Article 2, the following paragraph 3 is added:
"(3) In the oral part of the examination, the applicant shall also be given basic knowledge of the law of the European Communities and of the European Union and orientation in the fundamental sources of international law. ';
2.
The examination shall take place before a five-member Chamber established by the members of the Examination Committee for Law Examinations, Eligibility Tests and Recognition Examinations ("the Examination Committee '); The Chamber shall be chaired by a member designated for the field referred to in Paragraph 1 (1) (e).';
3. In Article 4 (1), "Article 5 (1) (c) of the Act 'is replaced by" Article 5 (c) of the Act' and "Article 7 (3) of the Second Act 'is replaced by" Article 7 (4) of the Second Act'.
4. In Article 4 (2), "Article 5 (1) (a) to (d) of the Act 'is replaced by" Article 5 (a) to (d) of the Act'.
5. In Section 9, the words "pursuant to § 7 (2) of the Act 'are replaced by the words" pursuant to § 7 (3) of the Act'.
6. After Part One, the following Part Two is inserted:
ELIGIBILITY TEST
(1) The candidate shall carry out the aptitude test in four compulsory fields and one of four optional fields at his choice.
(2) The compulsory fields are:
(a) constitutional law;
(b) civil law;
(c) criminal law;
(d) provisions governing the provision of legal services.
(3) Optional fields are:
(a) administrative law;
(b) commercial law;
(c) family law,
(d) labour law.
(1) The aptitude test shall consist of the written part and the oral part.
(2) The written part of the aptitude test shall take place on a single day, from the compulsory subjects referred to in § 11a (1) (b) and (c) and from the optional field chosen by the candidate (hereinafter referred to as "the chosen field"). The written part of the test shall take the form of a written test.
(3) The oral part of the aptitude test shall be held on one day at least one and no more than two weeks after the end of the written part of the examination, from all compulsory subjects and from the selected field.
The aptitude test shall take place before a five-member Chamber established by the members of the examination committee; The Chamber shall be chaired by a member designated for the field referred to in Paragraph 11a (2) (d).
The application for the eligibility test shall be submitted by the applicant of the Chamber; The application also includes the designation of the chosen field, as well as documents proving that the applicant fulfils the conditions set out in Section 5c (a) of the Act and that he has paid the fee for the examination provided for by the Chamber under Section 7 (1) of the Act.
(1) The Senate assesses the overall outcome of the aptitude test with the beneficial stages "passed the aptitude test excellently," "passed the aptitude test" or "failed the aptitude test."
(2) In assessing the overall test result referred to in paragraph 1, the Board shall take into account, in particular, whether the evaluation of the candidate in each field shows his practical readiness for the conduct of the advocacy.
A candidate who has been evaluated for the aptitude test by means of "passed the aptitude test excellently 'or" passed the aptitude test' shall be issued by the President of the Chamber immediately after notification of the outcome of the aptitude test; the certificate shall be signed by the President of the Chamber.
Paragraph 1 (2), § 5, § 6 (2) to (6), § 7, § 8 (1) and (2) of the second to fourth sentences and paragraphs 3 to 5, § 9 and 10 shall apply mutatis mutandis to the aptitude test. '
Parts 2 and 3 shall be renumbered as Parts 3 and 4.
7. In Section 12, in the introductory part of the text, the words "The recognition test is composed 'are replaced by the words" The applicant shall carry out the recognition test'.
8. Paragraph 13 (1) reads as follows:
(1) The recognition test shall take place before a three-member Chamber established by the members of the examination committee; The Chamber shall be chaired by a member designated for the field referred to in Article 12 (a). ';
9. In Article 14 (2), the words "in § 5 (1) (a) and (d) to (g) and § 5 (2) (a) of the Act 'are replaced by the words" in § 5 (a) and (d) to (g) and in § 5a (1) (a) of the Act'.
10. In Section 15, the words "the Examination Chamber 'are replaced by the words" the Chamber'.
11.
A candidate who has been assessed for the recognition test by means of a "recognition test 'shall be issued by the President of the Chamber immediately upon notification of the outcome of the examination by the certificate of acceptance examination; the certificate shall be signed by the President of the Chamber.';
12. In Section 18, the words "and the Examination Chamber 'are deleted.
13. The following Paragraph 18a is inserted after Paragraph 18:
The dates of the examinations according to this decree are announced by the Chairman of the Examination Commission in the Bulletin of the Czech Bar Association and on the Chamber page in the Internet. "
14. In Paragraph 19 (1), the words "law and recognition tests' are replaced by the words" tests under this Order '.
This decree shall take effect on the date of entry into force of the Treaty of Accession of the Czech Republic to the European Union, with the exception of Article I (1), (7), (8), (10) to (14), which shall take effect on the date of its publication.
Minister:
PhDr. Špidla v. r.
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Regulation Information
| Citation | Decree No. 267 / 2003 Coll., amending Decree No. 197 / 1996 Coll., to issue the Rules of Procedure for Bar Examinations and Recognition Tests (Law Code), as amended by Decree No. 245 / 1999 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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