Decree of the Ministry of Justice No. 303 / 2002 Coll.
Decree of the Ministry of Justice on the selection, acceptance and training of judicial and legal candidates and on the professional judicial test and the professional final examination of legal candidates
Valid
Order
Effective from 03.07.2002
303
DECLARATION
Ministry of Justice
of 20 June 2002
on the selection, acceptance and training of judicial and legal candidates and on the professional judicial examination and the professional final examination of legal candidates
The Ministry of Justice provides, pursuant to § 109 (2), § 111 (3) and § 114 (4) of Act No. 6 / 2002 Coll., on Courts, Judges, Addresses and Government Administration of the Courts and on the amendment of certain other laws (Act on Courts and Judges), and under § 40 (1) (c) and (d) of Act No. 283 / 1993 Coll., on Public Prosecutor, as amended:
INTRODUCTORY PROVISIONS
This decree regulates the selection and acceptance of judicial waivers (1) and legal waivers (2) (hereinafter referred to as "the Waiver '), the preparatory service of judicial waiters and the waiting practice of legal waiters (hereinafter referred to as" the Preparatory Service') and the conduct of a professional judicial examination and professional final examinations of legal practitioners (hereinafter referred to as "the Expert Examination ').
SELECTION AND ACCEPTANCE OF TEACHERS
Announcement and stages of the preparatory service selection procedure
(1) The selection procedure for the preparatory service (hereinafter referred to as the "selection procedure") is hereby opened by the President of the Regional Court or the Regional Prosecutor (3) after consultation with the Ministry of Justice (hereinafter referred to as the "Ministry") to fill the vacancies of the candidates.
(2) The selection procedure shall be announced through the daily press, on the Ministry's website and by hanging on the official record of all regional and district courts and regional and district prosecutors. The publication of a tender in the daily press shall include a deadline for the submission of applications for participation in the selection procedure (hereinafter referred to as "the application '), a designation of the Regional Court or the Regional Prosecutor for whose district the tender is declared and a reference to the possibility of getting to know details of the conditions for participation in the selection procedure and its conduct. The detailed information on the selection procedure shall include a model application. The selection procedure shall be announced at least two months before the deadline set for the submission of applications.
(3) The selection procedure shall include the examination of the application, the written test, the interview before the commission of the relevant Regional Court or the relevant Regional Prosecutor (hereinafter referred to as the "admission interview ') and the psychological diagnostic examination (hereinafter referred to as the" examination').
(4) The candidate for admission to the preparatory service (hereinafter referred to as "the tenderer") has the right to be informed of the evaluation criteria and the results achieved in each stage of the selection procedure. The details of the examination may be communicated to the tenderer, at his request, outside the selection procedure, only by the person who carried out the examination.
(5) If, for serious reasons, the tenderer is unable to take part in one of the stages of the selection procedure and will make a written apology for his non-participation, he shall be given a replacement date for his completion.
(6) Candidates who, without a reasoned apology, do not submit to one of the stages of the selection procedure, the competent President of the Regional Court or the relevant Regional Prosecutor shall be excluded from the selection procedure. The written notice of elimination shall be delivered to the tenderer.
Application
(1) The applicant submits an application within the time limit laid down in the tender notice to the Regional Court or the Regional Public Prosecutor, in whose district he is interested in carrying out the preparatory service. The application and detailed information on the selection procedure shall be provided by the applicant at his request by the Ministry, the Judicial Academy or any Regional or Regional Court or Regional or Regional Prosecutor's Office.
(2) The applicant shall attach to the application an officially certified copy of the evidence of the achievement of the required university legal education, (4) where appropriate, of the academic degree and of the achievement of scientific or scientific educational degrees, of the declaration of language knowledge, of the CV, of the health certificate, of the record of the Register of Penalties not earlier than two months and of other formalities provided for in the specific legislation. 5)
(3) The President of the Regional Court or the Regional Prosecutor shall assess the completeness of the application and the documents which the applicant is required to submit with the application. If the applicant does not submit a duly completed application or if he does not submit all the required documents, even after the invitation and within the time limit set to supplement them, the President of the Regional Court or the Regional Prosecutor shall exclude the tenderer from taking part in the selection procedure.
Written test
(1) The written test will verify the basic expertise and assumptions of the candidate for admission to the preparatory service on the basis of a uniform methodology, prepared by the Judicial Academy and approved by the Ministry, including how the results of the written test are assessed.
(2) Successful management of the written test is a condition for further participation of the candidate in the selection procedure.
(3) The candidate who failed the written test will be excluded from the selection procedure by the President of the Regional Court or the Regional Prosecutor; a written notification of this shall be sent to the tenderer.
Admission interview
(1) The candidate shall be subjected to an interview which aims at an overall assessment of the candidate's assumptions for admission to the preparatory service. An admission interview shall be conducted by a committee composed of judges or prosecutors operating in the district of the relevant Regional Court or the relevant Regional Prosecutor's Office. The President and the members of the Commission shall be appointed by the President of the Regional Court or the Regional Prosecutor in such a way that the Committee has an odd number of members. An authorised representative of the Judicial College (hereinafter referred to as the "representative of the Judicial College ') shall attend the Admission Interview, who shall reply in writing to the outcome of the Admission Interview.
(2) The content of the interview and the criteria for its evaluation shall be determined by the President of the Regional Court or the Regional Prosecutor on the basis of a methodology prepared by the Judicial Academy and approved by the Ministry.
(3) Part of the interview is supposed to be the determination of the district court or district attorney, with which the candidate will perform the preparatory service.
(4) The result of an interview shall be evaluated at the "proposed to be accepted 'or" not proposed to be accepted' level.
(5) The outcome of the interview shall be presented by the Commission, together with a brief overall evaluation and its justification and a written statement by the representative of the Judicial College to the President of the Regional Court or the Regional Prosecutor.
(6) Applications from candidates who have been assessed at the "proposed for admission 'level at the interview, shall be sent without delay by the President of the Regional Court or the Regional Prosecutor, together with the attached documents, to the professional psychological centre (§ 6 (3)) for the examination of the candidate.
(7) Candidates evaluated at the level of the admission interview "shall not be proposed to be admitted" by the President of the Regional Court or the Regional Prosecutor of the Republic of Germany. The written notice of elimination shall be delivered to the tenderer.
Investigations
(1) The purpose of the examination is to assess the characteristics and other personal assumptions of the candidate for the performance of the duties of judge or post of prosecutor (hereinafter referred to as "personality"); the requirements for the personality of candidates shall be determined by the Ministry taking into account the knowledge obtained from the Judicial Academy, Courts and Public Prosecutor's Office. The result of the examination shall be one of the supporting documents for the admission of the candidate to the preparatory service.
(2) The examination shall be carried out by the President of the Regional Court or by the Regional Prosecutor.
(3) The examinations shall be carried out by specialised psychological centres selected by the Ministry.
(4) The result of the examination of the candidate shall be assessed at "recommended '," recommended' and "not recommended '.
(1) The expert psychological centre shall immediately send the results of the examination, together with the application and supporting documents, to the competent President of the Regional Court or to the competent Regional Prosecutor for further action.
(2) In order to find more detailed information on the result of the examination of the candidate, the competent President of the Regional Court or the Regional Prosecutor shall request the opinion of the professional psychological centre which the examination of the candidate has carried out.
(3) More detailed information on the result of the examination of the candidate shall be permitted to be communicated by the professional psychological centre only on the basis of the prior written consent of the candidate to be examined, to the extent that the applicant has written consent defined; In doing so, consistent protection of personal data should be ensured in accordance with the specific legislation (5a).
Admission of the candidate to the preparatory service
(1) The candidate shall be admitted to the preparatory service by the competent President of the Regional Court or the competent Regional Prosecutor, taking into account the results of the previous stages of the selection procedure and the observations of the representative of the Judicial Academy during the interview (§ 5 (1) and (5)); where the tenderer is admitted, he shall also designate the place of service. The admission or non-admission to the preparatory service by the President of the Regional Court or the Regional Prosecutor shall be final and shall not be subject to appeal.
(2) A written notice of admission or non-admission to the preparatory service shall be served on the tenderers. If the sole reason for not accepting the candidate is the lack of vacant posts, this must be indicated in the written notice of non-admission to the preparatory service. In the absence of admission to the preparatory service, the applicant shall also return the application and the supporting documents together with the notification.
(3) The President of the Regional Court or the Regional Prosecutor shall, without undue delay, send a list of accepted candidates to the Ministry and the Judicial Academy.
COLLECTION AND ORGANISATION OF PREPARATION SERVICES
(1) The course of the preparatory service shall be governed by the material and time schedule of the preparatory service (hereinafter referred to as the "preparatory service plan ').
(2) The preparatory service plan must be targeted in such a way that the training of the candidate for the performance of the duties of a Judge or of a Prosecutor serves in particular to:
(a) deepening of the candidate's expertise on both substantive and procedural law;
(b) developing the candidate's ability to apply legislation in a particular case;
(c) the acquisition of knowledge and the execution of individual agendas held by courts or prosecutors;
(d) the adoption of procedural procedures and practices necessary for the performance of the duties of judge or prosecutor;
(e) familiarisation with ethical principles relating to the performance of the duties of judge and prosecutor.
(1) The preparatory service shall be carried out primarily at district courts, district prosecutors, regional courts and regional prosecutors.
(2) On the basis of an agreement with the waiter7) and with the competent authorities or persons, part of the preparatory service may be carried out in accordance with the preparatory service plan at the Supreme Court, the Supreme Court, the Supreme Administrative Court, the Supreme Prosecutor's Office and, where appropriate, the Attorney General, the notary, the court executor, the Criminal Police Service and the investigation of the Police of the Czech Republic, the Financial or Catastral Office or any other administrative office.
(3) In accordance with the preparatory service plan, the candidate shall carry out the preparatory service gradually for a period of at least 24 months at the District Court or the District Prosecutor's Office, for a period of 6 months at the Regional Court or Regional Prosecutor's Office and for a maximum period of 6 months at the request of other authorities. The President of the Regional Court or the Regional Prosecutor may, as necessary, extend or shorten the duration of the preparatory service at the Regional Court or the Regional Prosecutor's Office, but not by more than two months. The minimum duration of the preparatory service at the District Court or District Prosecutor's Office shall not be affected by this measure.
(4) In the event of the prior execution of legal activity (8), the preparatory service period referred to in paragraph 3 shall be adjusted proportionately to reduce the total preparatory service period.
(5) The preparatory service includes adaptation courses, seminars and lectures, organised by the Judicial Academy, and concentration and exercises, organised by regional courts and regional government councils. The adaptation course is aimed at familiarising the candidate with the course of the preparatory service and with the basic legislation governing the activities of courts and prosecutors. The adaptation course organised by the Judicial Academy takes place in the first six months of the preparatory service.
Advisory Board for the Education of Expectioners
(1) The preparatory service shall be coordinated and the results shall be supervised by the Advisory Board for the Education of Waiting Persons (the Advisory Board) in cooperation with the Judicial Academy.
(2) The Advisory Council is the advisory body of the President of the Regional Court or the Regional Prosecutor. It has three to five members appointed with their consent for a period of three years from judges working in the District Court by the President of the Regional Court or from prosecutors working in the District Attorney's Office by the Regional Prosecutor. The Advisory Board shall meet as necessary, but at least every six months.
(3) The Advisory Board shall, after the end of the first and second years of the preparatory service, draw up a draft evaluation of the candidate. At the end of the preparatory service, the Advisory Board shall draw up a draft final evaluation of the candidate. The draft final assessment shall be attached to the applicant's application for authorisation to conduct a professional examination.
(4) The Advisory Council recommends students to study abroad, organised by the Judicial Academy.
Traders
(1) The training service and its level are provided by the training and pedagogical bodies designated by the trainers. The trainers also lead the candidates to adopt the principles of professional ethics.
(2) The instructor shall be appointed by the President of the Regional Court or the Regional Prosecutor from the most experienced judges and prosecutors who are eligible for the training of candidates in the preparation of the preparatory service plan. For the part of the preparatory service performed pursuant to Paragraph 10 (2), the appointment of the instructor shall be part of an agreement with the competent authority or person.
(3) Appropriate conditions for working with candidates are established by the Presidents of the Regional Courts in cooperation with the Presidents of the District Courts and by the district prosecutors in cooperation with the District Prosecutor's Counsel.
(4) The instructor shall record on the waiting list details of the place of work of the preparatory service, its time and in-kind course, the evaluation, obstacles to work and the excused absence of work of the candidate. The candidate's personal certificate shall be issued by the Regional Court or the Regional Prosecutor's Office.
Waiting
(1) The candidate shall follow the instructions of the President of the Court or of the Head of the Prosecutor and of the designated trainers, carry out the tasks assigned to him under the conditions and to the extent provided for in the specific legislation8a), participate in the preparatory service plan for educational activities and complement and deepen his expertise through a separate study.
(2) The candidate is entitled to comment on the records in his personal record and on the content and quality of the training actions organised under the preparatory service.
(3) After a professional judicial examination, the candidate whose employment has been changed to an indefinite employment relationship shall carry out the actions of the court entrusted under the special rule of law to the superior judicial officer.
(4) After the final examination, the legal candidate whose employment has been changed to an indefinite employment relationship shall perform the acts of the Prosecutor's Office under the special legislation (8c).
TRAINING TEST
(1) The Minister of Justice shall appoint its President from among the members of the Test Committee9. The President of the Examination Board shall be a judge, if it is a professional judicial examination or a prosecutor, if it is a professional final examination of a legal candidate.
(2) The Chairman of the Examination Committee shall manage the course of the expert examination and shall ensure that it is of the professional level.
(3) The panel shall be quorum in the presence of all its members and shall act by an absolute majority.
(4) The professional examination is public.
(1) In the written part of the professional examination it shall:
(a) a judicial candidate, one decision in criminal matters, one decision in civil or commercial matters, and one decision in administrative matters;
(b) a legal applicant for an indictment, other decision or application in a criminal case, or an application or other filing in a civil case in which he is entitled to serve as a prosecutor, and an appeal against a decision of the Court of First Instance.
(2) The candidate shall draw up the decision, proposal or submission referred to in paragraph 1 separately. He is entitled to use collections of laws, regulations, judicial or other decisions and journal or book legal literature as an aid during the written part of the exam. Infringement of the duty to work separately is a reason to exclude the candidate from the test; the examination committee shall decide immediately.
(3) The candidate draws the task which is the subject of the written examination from the pre-defined terms.
(4) The duration of the written part of the professional examination may not exceed six hours. At the end of this period, the candidate shall be obliged to submit his written work to the supervising officer, even if he is not finished.
(1) At the beginning of the oral part of the professional examination, the chair of the examination committee shall evaluate the written work of the candidate.
(2) During the oral part of the professional examination, the knowledge of the candidate shall be determined
(a) constitutional law and the organisation of courts and prosecutors;
(b) civil law, substantive and procedural;
(c) labour and social security law;
(d) family law;
(e) criminal law, substantive and procedural;
(f) commercial law,
(g) administrative justice and substantive and procedural administrative law;
(h) notarial order and execution order;
(i) the Rules of Procedure of the courts and prosecutors and their internal and office orders.
(3) In the oral part of the professional examination, the candidate shall also obtain basic knowledge of the law of the European Communities and of the European Union and orientation in the fundamental sources of international law.
(4) The oral part of the professional examination shall also take into account the overall orientation of the candidate in the legal order and in the internal and office rules for district and regional courts or in the office rules of the Prosecutor's Office, the ability of the candidate to apply and interpret the legislation correctly, as well as his verbal speech.
(5) The aid provided for in Article 15 (2) may be used by the candidate in the oral part of the examination only with the agreement of the chairman of the examination committee.
(6) The Ministry issues a list of the rules for which knowledge of the oral part of the professional examination is required, with a distinction between those for which knowledge is required in detail and those for which general knowledge is sufficient.
(7) The duration of the oral examination of each candidate must not exceed two hours.
(1) The results of the expert examination shall be assessed in the degrees "excellently qualified," "eligible" and "ineligible." The evaluation shall be decided by the Examination Board at a private meeting by voting. The vote shall first be taken on whether the candidate is eligible or ineligible, for those who have been recognised as eligible, then on the assessment of "excellent eligibility '. The decision of the Examination Committee shall be final.
(2) A candidate who has refused to carry out a professional examination shall always be deemed unfit to withdraw from the examination without any serious reason, or to have been excluded during the written part of the examination, or to have failed to show up for the test without due apology.
(3) The outcome of the expert examination shall be notified by the chairman of the examination committee to the candidate immediately after the conclusion of the consultation referred to in paragraph 1. The written copy of the decision on the test result shall be delivered to the candidate.
(4) A report shall be drawn up by the chairman of the examination committee within one week of the completion of the oral part of the examination, signed by all members of the examination committee; the report shall be forwarded by the Chairman of the Examination Board to the Ministry within three days of its completion.
When evaluating the "ineligible 'test, the test panel shall also decide whether and to what extent the candidate is obliged to repeat the test in a repetitive manner.
TRANSITIONAL PROVISIONS
(1) For those candidates who have already performed part of the preparatory service in employment to the Ministry in accordance with the existing rules and who will be established on the day following the end of their employment with the Ministry of Justice in order to continue the preparatory service to the Regional Court or the Regional Public Prosecutor's Office, the current duration of the service and the performance of the preparatory service at the date of conclusion of the contract of employment shall be taken into account.
(2) The period provided for in Article 2 (2) shall not apply to the first publication of a tender after the date of entry into force of this decree.
(3) In the written part of the professional examinations held until 31 December 2002, he shall draw up:
(a) one decision on criminal matters and one decision on civil or commercial matters;
(b) a legal applicant for an action and an appeal against a judgment of the Court of First Instance.
EFFECTIVE
This decree shall take effect on the day of its publication.
Minister:
JUDr. Bures v. r.
1) § 109 et seq. of Act No. 6 / 2002 Coll., on Judgments, Judges, sitting and administration of the courts and amending certain other laws (Law on Courts and Judges).
2) Sections 33 and 34 of Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended.
3) § 8 (1) (c) of Act No. 283 / 1993 Coll.
4) § 60 (3), § 111 (2) and § 180 of Act No. 6 / 2002 Coll., § 17 (1) and § 33 (4) of Act No. 283 / 1993 Coll., Article III (1) of Act No. 14 / 2002 Coll., amending Act No. 143 / 1993 Coll., on the Public Prosecutor's Office, as amended, and Act No. 201 / 1997 Coll., on the salary and certain other formalities of the Public Prosecutor's Office, and amending and supplementing Act No. 143 / 1992 Coll., on the salary and remuneration for duty-free employment in budgetary and in certain other organisations and bodies, as amended by Act No. 155 / 2000 Coll.
5) Act No. 451 / 1991 Coll., laying down certain other conditions for the performance of certain functions in the state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic, as amended.
5a) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended.
6) § 126 (1) (f) of Act No. 6 / 2002 Coll. § 13g (1) (h) of Act No. 283 / 1993 Coll.
7) Paragraph 38 (4) of the Labour Code. § 2 of Decree No. 108 / 1994 Coll., implementing the Labour Code and certain other laws.
8) Article 110 (3) and (4) of Act No. 6 / 2002 Coll. 33 (2) of Act No. 283 / 1993 Coll.
8 (a) Paragraph 113 (1) of the Law on Courts and Judges. § 6 of Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended. Article 33 (7) of the Public Prosecutor's Act. § 11 of Decree No. 23 / 1994 Coll., on the Rules of Procedure of the Public Prosecutor's Office, the establishment of branches of certain public prosecutors and details of acts carried out by legal candidates, as amended.
8b) Paragraph 116 of the Law on Courts and Judges. Act No. 189 / 1994 Coll., on Senior Judicial Officials, as amended.
8c) § 34 (7) of the Prosecutor's Office Act. § 11 of Decree No. 23 / 1994 Coll., as amended.
9) § 114 (2) of Act No. 6 / 2002 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 303 / 2002 Coll., on the selection, acceptance and training of judicial and legal candidates and on the professional judicial examination and professional final examination of legal candidates |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.07.2002 |
|---|---|
| Effective from | 03.07.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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