Act No. 314 / 2008 Coll.
Act amending Act No. 6 / 2002 Coll., on Judgments, Judgments, Addresses and Government Administration of Courts and amending certain other laws (Law on Courts and Judgments), as amended, Act No. 150 / 2002 Coll., the Administrative Rules, as amended, Act No. 7 / 2002 Coll., on Proceedings in the Cases of Judges and Public Prosecutor, as amended, Act No. 349 / 1999 Coll., on the Ombudsman, as amended, Act No. 283 / 1993 Coll., on Public Prosecutor, as amended, Act No. 200 / 1990 Coll., as amended, and Act No. 85 / 1996 Coll.
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Effective from 01.10.2008
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314
THE LAW
of 16 July 2008
amending Act No. 6 / 2002 Coll., on Judgments, Judgments, Addresses and Government Administration of the Courts and amending certain other laws (Law on Courts and Judgments), as amended, Act No. 150 / 2002 Coll., the Administrative Rules, as amended, Act No. 7 / 2002 Coll., on Proceedings in the Cases of Judges and Prosecutor, as amended, Act No. 349 / 1999 Coll., on the Ombudsman, as amended, Act No. 283 / 1993 Coll., on Public Prosecutor, as amended, Act No. 200 / 1990 Coll., on Transfers, as amended, and Act No. 85 / 1996 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of the Law on Courts and Judges
Act No. 6 / 2002 Coll., on Courts, Courts, Addresses and Government Administration of Courts and on the amendment of certain other laws (Law on Courts and Judgments), as amended by Act No. 151 / 2002 Coll., Act No. 228 / 2002 Coll., the Constitutional Court found under Act No. 349 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 441 / 2003 Coll., Act No. 626 / 2004 Coll., Act No. 264 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 442 / 2006 Coll., Act No. 221 / 2006 Coll., Act No. 233 / 2006 Coll., Act No. 264 / 2006 Coll., Act No. 267 / 2006 Coll., Act No. 262 / 2006 Coll.
1. In Article 15 (1), the word "Vice-President 'is replaced by" Vice-Presidents'.
2. In Paragraph 15 (2), "Vice-President 'is replaced by" Vice-Presidents'.
3. In Article 23 (1), the word "Vice-President 'is replaced by" Vice-Presidents'.
4. In Article 68 (1), the words "temporarily assigned to another court in the interests of the proper conduct of the judiciary, for a maximum period of three years or for the benefit of its experience for a maximum period of one year to the Ministry or the Judicial Academy 'shall be replaced by the words" temporarily assigned to another court for a maximum period of three years in the interests of the proper exercise of the judiciary, or, where appropriate, in the interest of its experience in the Ministry or Judicial Academy. "
5. Paragraph 68 (2) reads as follows:
"(2) The temporary secondment shall be decided by:
(a) the President of the Regional Court, after consulting the President of the Court, to whom the Judge is assigned pursuant to Paragraph 67 or transferred pursuant to § 71 and 72 to serve, if the Judge is temporarily assigned to another District Court in the district of the same Regional Court or to the Regional Court concerned and agrees to the temporary secondment of the President of the Court to which the Judge is to be seconded;
(b) the Minister of Justice, after consulting the President of the Court, to whom the Judge is assigned pursuant to § 67 or transferred under § 71 and 72 for the performance of his duties, if the Judge is temporarily assigned to the Ministry or to the Judicial Academy;
(c) in other cases, the Minister of Justice, acting on a proposal from the competent President of the Regional Court, the Supreme Court, the Supreme Court or the Supreme Administrative Court to which the Judge is to be seconded, after consultation with the President of the Court to which the Judge is assigned pursuant to § 67 or transferred pursuant to § 71 and 72 for the performance of his duties; The President of the Regional Court shall also make an application if the Judge is temporarily assigned to the District Court in its jurisdiction. ';
6. the following Sections 70a and 70b are inserted after Section 70:
(1) It shall also be deemed to be a temporary assignment if the Judge is assigned, with his consent or at his request, to a peaceful or rescue operation or to humanitarian aid outside the Czech Republic for a period not exceeding 5 years or one term of office, to use the experience of an institution or organisation having its registered office outside the Czech Republic.
(2) The temporary secondment referred to in paragraph 1 shall be decided by the Minister of Justice.
The term of office of a Judge of a Chamber of the Court of Justice (6) shall also be deemed to be temporary secondment to a court of law. ';
7. In Part One, Title II, Part 2, the title of Section 4 reads: "The disciplinary responsibility of judges and court officials'.
8. Paragraph 86, including the title, reads:
General provisions
The Judge, the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court shall be responsible for disciplinary action. '
9.
Charity
(1) The criminal offence of a judge is a breach of the duties of a judge, as well as of the guilty conduct or conduct by which the judge distorts the dignity of the judicial function or threatens to trust in independent, impartial, professional and fair judgments of the courts.
(2) The fault of the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or of the Supreme Administrative Court is also due to the breach of the duties of the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court. "
10.Paragraph 88 (1) reads as follows:
"(1) A judge may be charged for a criminal offence under Paragraph 87 (1) according to the seriousness of the criminal offence by one of the following measures:
(a) reprimand,
(b) a salary reduction of up to 30% for a maximum period of 1 year and, in the event of a retrial of a criminal offence committed by a judge in the period prior to the destruction of the disciplinary measure, for a maximum period of 2 years;
(c) removal from office of the President of the Chamber,
(d) appeal from the office of judge. ';
11. In Paragraph 88, the following paragraph 2 is inserted after paragraph 1:
"(2) A disciplinary action pursuant to Paragraph 87 (2) may be imposed on the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court according to the seriousness of the criminal offence of one of the following disciplinary action:
(a) reprimand,
(b) the withdrawal of an increase in the payment coefficient for the performance of the duties of the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court for a period of no more than 1 year, and in the event of a recertification of the criminal offence committed by the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court for a period of no more than 2 years,
(c) a salary reduction of up to 30% for a maximum period of 1 year and, in the event of a retrial, by the President of the Court, Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court, for a maximum period of 2 years before the destruction of the disciplinary action;
(d) an appeal from the office of President of the Court, Vice-President of the Court, President of the College of the Supreme Court or Supreme Administrative Court. "
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
12. in Paragraph 88 (4):
"(4) For more disciplinary acts of the same judge, of the President of the Court, of the Vice-President of the Court or of the President of the College of the Supreme Court or of the Supreme Administrative Court, as discussed in the joint proceedings, a disciplinary action shall be imposed in accordance with the provisions relating to the lien of the most strictly punishable. ';
13. in Paragraph 88 (5), the words "salary cuts" shall be deleted;
14. in Paragraph 88 (5), the words "and paragraphs 2 (b) and (c)" shall be inserted after the words "(b)."
15. in Article 88 (5), the words "or to the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court" shall be inserted after the words "the Court of Justice";
16. The following Section 88a is inserted after Section 88:
Minor shortcomings in the work or minor failures in the conduct of the courts of the State, which is entitled to bring an action for disciplinary action, may be dealt with by the Judge, the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court, if that is sufficient. '
17.
Termination of disciplinary liability
The liability of the Judge and the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or of the Supreme Administrative Court for disciplinary action shall cease if, within 3 years of his being committed, the application for disciplinary action has not been brought. ';
18. In Article 90 (1), the words "and the Presidents of the Court, the Vice-Presidents of the Court, the Presidents of the College of the Supreme Court or the Supreme Administrative Court 'shall be inserted after the words" Judges'.
19. In Paragraph 90, paragraphs 2 and 3, including footnote 7, are deleted and the designation of paragraph 1 is deleted.
20. in Paragraph 91 (a), the word "or" shall be deleted;
21. in Paragraph 91, at the end of point (b), the dot is replaced by "or" and the following point (c) is added:
"(c) in the last 5 years before the application for the opening of proceedings for the capacity of a judge to perform his duties, he has been declared guilty of guilty of a criminal offence by power at least three times, where this calls into question the credibility of his continued standing in the judicial capacity."
22. in Paragraph 99 (1) (b):
"(b) if he has been a judge or assistant to a judge of an international court or has been entrusted with a similar function before an international court, for the duration of his duties,"
23. in Paragraph 99 (1), the dot at the end of point (c) is replaced by a comma and the following point (d) is added:
"(d) has been temporarily assigned to an authority or organisation having its registered office outside the Czech Republic, to a peaceful or rescue operation or to humanitarian aid outside the Czech Republic (§ 70a) for the duration of that temporary secondment."
24. in Paragraph 99 (3):
"(3) For the period of suspension referred to in paragraph 1 (a), the salary and other formalities relating to the performance of the duties of Judge under special legislature3 shall not apply to the Judges. For the period of suspension referred to in paragraph 1 (b) and (d), the judge shall be entitled to the salary and other formalities relating to the performance of the duties of judge under special legislation (3), unless the performance of his duties is linked to an international court, to an authority or organisation having its registered office outside the Czech Republic or in a peaceful or rescue operation or to the performance of the duties of humanitarian aid outside the Czech Republic. For the period of suspension referred to in paragraph 1 (c), the Judge shall be entitled to the salary and other formalities relating to the performance of the duties of Judge under the special legislature3. ';
25. In Paragraph 99, paragraphs 4 and 5 are added:
"(4) A Judge temporarily relieved of the duties of a Judge referred to in paragraph 1 (b) and (d) shall be entitled to reimbursement of the costs incurred in the performance of his duties abroad, provided that such costs are not borne by the person for whom he performs that function.
(5) The Government, by regulation, provides for reimbursement of costs to be paid in the performance of the duties of judge abroad,
(a) increased cost of living;
(b) increased clearance expenses;
(c) travel and accommodation expenses;
(d) expenditure relating to the transport of personal items. ';
26. in Paragraph 100 (1) (b), the words "possible to impose punitive measures" are replaced by the words "proposed to impose punitive measures in the punitive action."
27. in the second sentence of Article 100 (2), the words "under Article 94 (b), (c) or (e)" shall be deleted;
28. The following Section 100a is inserted after Section 100, including footnote 6a:
(1) The Minister of Justice may temporarily waive the duties of President or Vice-President of the Court of Justice
(a) under the conditions laid down in Article 100 (1) (a) and (c);
(b) where the disciplinary action is prosecuted for such a criminal offence for which a disciplinary action is proposed in a disciplinary action to appeal from the capacity of a judge or of an appeal from the office of President or Vice-President of the Court for a period until the final end of the disciplinary action.
(2) For the period of suspension referred to in paragraph 1, the President or the Vice-President of the Court shall not be entitled to an increase in the salary coefficient associated with his duties under special legislation6a). If the office of President or Vice-President of the Court has not been terminated, the President or Vice-President of the Court shall be paid the remainder of the salary if he would otherwise be entitled to it; This does not apply if the judge has been convicted of a criminal offence.
(3) Paragraph 99 (2) applies mutatis mutandis.
6a) § 28 of Act No. 236 / 1995 Coll., as amended. '
29.
(1) The President and Vice-President of the Supreme Court are appointed by the President of the Republic from among the Judges.
(2) The term of office of the President and Vice-Presidents of the Supreme Court shall be 10 years.
(3) The President of the College and the President of the Chambers of the Supreme Court shall be appointed by the President of the Supreme Court from among the Judges of that Court.
(4) The President of the College and the President of the Chambers of the Supreme Administrative Court shall be appointed from among the Judges of that Court by the President of the Supreme Administrative Court. '
30. Paragraph 103 (1) reads as follows:
"(1) The President of the Supreme Court shall be appointed by the President of the Republic from among the Judges on a proposal from the Minister of Justice. The Vice-President of the Supreme Court shall appoint the Minister of Justice from among the Judges on a proposal from the President of the Supreme Court. '
31. In Paragraph 103, the following paragraph 2 is inserted after paragraph 1:
"(2) The term of office of the President and Vice-President of the Supreme Court shall be 7 years."
Paragraph 2 shall become paragraph 3.
32. in Paragraph 104 (1):
"(1) The President of the Regional Court shall be appointed by the President of the Republic from among the Judges on a proposal from the Minister of Justice. The Deputy President of the Regional Court shall appoint the Minister of Justice from among the Judges upon a proposal from the President of the Regional Court. '
33. In Paragraph 104, the following paragraph 2 is inserted after paragraph 1:
"(2) The term of office of the President and Vice-President of the Regional Court shall be 7 years."
Paragraph 2 shall become paragraph 3.
34. in Paragraph 105 (1):
"(1) The President of the District Court shall be appointed by the Minister of Justice from among the Judges on a proposal from the President of the Regional Court. The Vice-President or Vice-President of the District Court shall be appointed by the Minister of Justice from among the Judges on a proposal from the President of the District Court. '
35. in Paragraph 105, the following paragraph 2 is inserted after paragraph 1:
"(2) The term of office of the President and Vice-President of the District Court shall be 7 years."
Paragraph 2 shall become paragraph 3.
36. The following Section 105a is inserted after Section 105:
The President and Vice-President of the Court under § 102 to 105 may be re-appointed if:
(a) for the duration of the duties of President or Vice-President of the Court, he has not been found responsible for the criminal offence committed in the course of that duties; or
(b) he has not been convicted of a criminal offence during his term of office. "
37.
The President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or of the College of the Supreme Administrative Court may be removed from this office only by decision of the Court of Justice in disciplinary proceedings under special legislation (6). '
38. In Paragraph 108, the following paragraph 2 is inserted after paragraph 1:
"(2) The office of President and Vice-President of the Court under § 102 to 105 shall also expire."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
39. in Paragraph 110 (3):
"(3) Pending the preparatory service, the term of office of the Prosecutor, the Assistant Prosecutor, the Legal Officer, the Judge of the Constitutional Court and the Assistant Judge, the practice of a lawyer and a barrister, a notary, a notarial candidate, a notarial associate, a judicial executor, an executive candidate, an executive associate and an assistant to the Ombudsman. '
40. In Paragraph 117 (4), the words "to the Ombudsman's assistant" shall be inserted after the words "Supreme Administrative Court,"
41. in Paragraph 119 (2), the words "Vice-President of the Supreme Court" shall be replaced by the words "Vice-Presidents of the Supreme Court."
42. In Paragraph 121 (2), "Vice-President 'is replaced by" Vice-Presidents'.
43. In the first sentence of Paragraph 129 (1), the words "having its seat 'shall be inserted after the words" the Judicial Academy'.
44. In the first sentence of Paragraph 130 (2), the word "negotiating 'is replaced by the word" managing' and the word "determining 'is inserted after the word" in particular'.
45. in Paragraph 130 (3), the word "control" is replaced by the word "ensure."
46.
The internal organisation of the Judicial College and details of its activities shall be governed by the Statute issued by the Minister of Justice after consulting the Council. '.
47. The following Section 132a is inserted after Section 132, including the title:
Economic activity of the Judicial Academy
The Judicial College may conduct an economic activity outside its principal activity for which it was established (§ 129 (2)). Economic activity shall not jeopardise the quality, scope and availability of the main activity. ';
48. In Paragraph 133 (3), the words "under special legislation for academics of state universities' are replaced by the words" academic staff of state universities'.
49. In Section 168, the word "Vice-President 'is replaced by" Vice-President'.
Transitional provisions
1. Proceedings concerning the disciplinary sins of the President of the Court, the Vice-President of the Court, the President of the College of the Supreme Court or the Supreme Administrative Court, which were committed by the date of the entry into force of this Act, shall be subject to Act No. 6 / 2002 Coll., as effective by the date of entry into force of this Act.
2. A measure pursuant to § 88 (1) (b) of Act No. 6 / 2002 Coll., as effective from the date of the entry into force of this Act, cannot be imposed for the criminal offence committed until the date of entry into force of this Act.
3. If the conditions laid down in § 91 (c) of Act No. 6 / 2002 Coll. have been fulfilled in whole or in part by the date of the entry into force of this Act, the judge cannot be considered unfit to perform the judicial function.
4. The chairmen and vice-chairmen of the Supreme, Regional and District Courts appointed to their duties in 1989 and earlier shall have their term of office within one year of the date of application of this Act.
5. The chairmen and vice-chairmen of the Supreme, Regional and District Courts who were appointed to office in 1990 shall have their term of office two years from the date of application of this Act.
6. The term of office of the Presidents and Vice-Presidents of the Supreme, Regional and District Courts who were appointed to office between 1991 and 1994 shall expire three years after the date of application of this Law.
7. The term of office of the Presidents and Vice-Presidents of the Supreme, Regional and District Courts appointed to their office between 1995 and 1998 shall expire four years after the date of application of this Law.
8. The term of office of the Presidents and Vice-Presidents of the Supreme, Regional and District Courts appointed to their duties in 1999 and 2000 shall expire five years after the date of application of this Law.
9. The term of office of the Presidents and Vice-Presidents of the Supreme, Regional and District Courts appointed to their office in 2001 and 2002 shall expire six years after the date of application of this Law.
10. Presidents and Vice-Presidents of the Supreme, Regional and District Courts who have been appointed to office between 2003 and 2007 and in 2008 before the date of application of this Act shall terminate their term of office 7 years after the date of application of this Act.
11. The term of office of the President of the Supreme Court who was appointed before 1 October 2008 shall expire on the date on which the term of office of the President of the Supreme Administrative Court ends in accordance with Part Two, Article IV of this Law.
Amendment to the Administrative Rules of Procedure
Act No. 150 / 2002 Coll., Administrative Rules, as amended by Act No. 192 / 2003 Coll., Act No. 22 / 2004 Coll., Act No. 237 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 555 / 2004 Coll., Act No. 127 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 357 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 79 / 2006 Coll., Act No. 112 / 2006 Coll., Act No. 159 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 189 / 2006 Coll., Act No. 267 / 2006 Coll., is amended as follows:
1. Paragraph 13 (2) reads:
"(2) The President and Vice-President of the Supreme Administrative Court shall be appointed by the President of the Republic from among the Judges; the law on courts and judges shall apply to the withdrawal of such functions. ';
2. In Paragraph 13, the following paragraph 3 is inserted after paragraph 2:
"(3) The term of office of the President and Vice-President of the Supreme Administrative Court shall be 10 years."
Paragraph 3 shall become paragraph 4.
3. The following Section 13a is inserted after Section 13:
The President and Vice-President of the Supreme Administrative Court may be re-appointed if:
(a) for the duration of the duties of President or Vice-President of the Court, he has not been found responsible for the criminal offence committed in the course of that duties; or
(b) he has not been convicted of a criminal offence during his term of office. "
Transitional provision
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Regulation Information
| Citation | Act No 314 / 2008 Coll., amending Act No 6 / 2002 Coll., on Judgments, Judgments, Addresses and Government Administration of the Courts and amending certain other laws (Act on Courts and Judgments), as amended, Act No 150 / 2002 Coll., the Administrative Rules, as amended, Act No 283 / 1993 Coll., on Public Prosecutor's Office, as amended, Act No 200 / 1990 Coll., on Infringements, as amended, and Act No 85 / 1996 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.2008 |
|---|---|
| Effective from | 01.10.2008 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Power of executive and government authorities
Wages, salaries, wages, compensation
Civil law
Civil law of procedure
Labour relations
Labour law
Judicial and Public Prosecutor's Office
Administrative law
Government
Constitutional (state) law
Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.
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