Act No. 273 / 1996 Coll.
Law on the jurisdiction of the Competition Authority
Valid
Law
Effective from 01.11.1996
273
THE LAW
of 11 October 1996
on the competence of the Competition Authority
Parliament has decided on this law of the Czech Republic:
(1) The Office for the Protection of Competition ("the Office") is the central body of the State Administration for Aid and Protection of Competition against Illicit Restriction. The Office shall act independently and impartially in the exercise of its competence and shall not take instructions from public authorities and other persons.
(2) The seat of the Office is Brno.
(3) The Office shall be headed by a President who shall be appointed and dismissed by the President of the Republic on a proposal from the Government. No one can be appointed President of the Office more than twice. The President of the Office shall be deemed to be a service body under the Civil Service Act.
(4) The office of President of the Office shall be incompatible with the function of President of the Republic, Member of the Government, President, Vice-President or Member of the Supreme Audit Office, Member of the Banking Board of the Czech National Bank, Member, Senator, Member of the European Parliament, Judge, Prosecutor, any other function in public administration or membership of a political party or political movement.
(5) The President of the Office shall not hold any other paid office and shall not engage in any gainful activity other than the management of his or her own assets and activities of scientific, educational, literary, publicistic and artistic, unless such activity distorts the dignity of the Office or endangers confidence in his or her independence and impartiality.
(6) The President of the Office may be appointed a person whose knowledge, experience and moral qualities are a precondition for him to hold his office properly and who:
a) is a national of the Czech Republic,
(b) she is fully competent;
(c) it is fair and fair,
(d) has completed university education obtained by study in the Master's study programme;
(e) has at least 10 years of legal or economic experience; and
(f) reach the age of 40 years.
(7) For the purposes of this law, a person shall not be deemed to be righteous unless it is treated as if it were not convicted, which has been definitively convicted for:
(a) an offence committed intentionally; or
(b) a criminal offence committed by negligence in connection with the exercise of public administration.
(8) The term of office of the President of the Office shall be six years.
(9) The office of President of the Office is hereby terminated
(a) on the day immediately following the date of service of the decision of appeal in writing, or of surrender in writing, or at a later date referred to in the decision of revocation or resignation in service;
(b) the expiry of his term of office;
(c) death or declaration of death;
(d) the date on which he no longer fulfils any of the conditions for appointment referred to in paragraph 6 (a) to (d); or
(e) the date on which he took office incompatible with the duties of President of the Office.
(10) The President of the Office may be removed from office, unless:
(a) if he does not perform the function for more than 6 months; or
(b) if it seriously violates the dignity of its function or distorts the independence and impartiality of the Office.
(11) The President of the Office shall be entitled to salary, reimbursement of expenses, in kind and, if he does not remain an employee of the Office, to severance payments as President of the Supreme Audit Office.
(12) The President of the Office shall be entitled to order a civil servant to perform a civil service under the Civil Service Act.
(13) The President of the Office may not, for a period of 1 year from the date of termination of his or her duties, be a member of an authority of a legal person engaged in the operation of railway infrastructure or railway transport or be engaged in business activities in an employment or similar legal relationship with him or her.
(1) The President of the Office shall be represented by three Vice-Presidents appointed and removed by the President of the Office, determining the order of representation. The Vice-President shall perform the tasks as decided by the President of the Office.
(2) The Vice-President is entitled to salary, reimbursement of expenses, in kind and, if he does not remain an employee of the Office, to severance payments as Vice-President of the Supreme Audit Office.
(3) Paragraph 1 (4) and (5) shall apply mutatis mutandis to the incompatibility of the function of Vice-President.
(4) A Vice-President may be appointed who fulfils the conditions set out in § 1 (6) (a) to (d) and who:
(a) has at least 7 years of legal or economic experience; and
(b) has reached the age of 35 years.
(5) The term of office of the Vice-President shall be six years.
(6) The provisions of this Act concerning the termination of the office of President of the Office shall apply mutatis mutandis to the termination of the function of Vice-President.
(7) The Vice-President may be removed from office if:
(a) seriously impair the dignity of its function or impair the independence and impartiality of the Office; or
(b) has infringed the obligation arising from his duties in a particularly gross manner.
(8) The Vice-President shall be entitled to order a civil servant to perform a civil service under the Civil Service Act.
(9) Paragraph 1 (13) shall apply mutatis mutandis to those who served as Vice-President of the Office.
(1) Office:
(a) create conditions for the promotion and protection of competition;
(b) supervise public procurement;
(c) exercise the other powers laid down in specific laws; is a national competition authority in accordance with directly applicable European Union rules.
(2) The Office shall cooperate with the competent authorities of other States in order to exchange information and assist in the exercise of its responsibilities.
(3) The Office shall issue an annual report on its activities, inform the Government and Parliament thereof and publish it on its website. The annual report shall include in particular information on the number of administrative procedures opened and completed, the appointment and removal of the President and Vice-Presidents and the amount of the Office's revenue, including changes to the previous period.
This Act shall take effect on the day of its publication.
Zeman v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 273 / 1996 Coll., on the jurisdiction of the Competition Authority |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.11.1996 |
|---|---|
| Effective from | 01.11.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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