What is Act No. 323 / 1948 Coll.?

Act No. 323 / 1948 Coll., establishing a professional judicial examination and supplementing the provisions on the preparatory service of judges — Law establishing a professional judicial examination and supplementing the provisions on the preparatory service of judges.

When it became Act No. 323 / 1948 Coll. effectiveness?

Act No. 323 / 1948 Coll. became effective 31.12.1948.

Is Act No. 323 / 1948 Coll. still valid?

Yes, Act No. 323 / 1948 Coll. is still valid and effective.

Act No. 323 / 1948 Coll.

Law establishing a professional judicial examination and supplementing the provisions on the preparatory service of judges

Valid Effective from 31.12.1948

Část I. § 1. § 2. § 3. § 4. § 5. § 6. § 7. § 8. § 9. § 10. § 11. Část II. § 12. Část III. § 13. § 14.

323.

Law

of 22 December 1948

establishing a professional judicial test and supplementing the provisions on the judicial preparatory service.

The National Assembly of the Czechoslovak Republic decided on the following Act:

Část I.

Expert judicial test.

§ 1.

(1) The professional judicial examination (hereinafter referred to as "the test") may be accepted

(a) judicial candidates;

(b) officials (waiters) in the category of officials of the legal service of financial prosecutors;

(d) candidates for notaries (public notaries).

(2) The condition for admission to the test is that the candidate has carried out, or will carry out, prescribed legal practice by the date of the oral examination at the latest (§ 2).

§ 2.

(1) The legal practice prescribed for admission to the test shall be two years and shall be understood as:

(a) in the case of a judicial candidate, the judicial preparatory service;

(b) in the case of an official (candidate) in the category of officials of the legal service of financial prosecutors, the legal service of the financial prosecutor;

(d) for a notary candidate (public notaries), legal services at a notary (public notaries).

(2) The different types of legal practice referred to in paragraph 1 shall be counted against each other for the legal practice prescribed for the admission to the test.

(3) The period during which legal practice has not been carried out on account of sickness, leave, military service at the state's armed alert, compulsory training in arms (training) or for other reasons worthy of special consideration is counted into the prescribed legal practice unless it exceeds a total of 6 months. The calculation of a further period of such a justified absence may be authorised by the Ministry of Justice, as regards officials (candidates) in the category of legal service officials of financial prosecutors in agreement with the Ministry of Finance.

§ 3.

(1) The examination shall examine whether the candidate has the expertise necessary to perform the duties of a professional judge, lawyer or notary (public notary) in accordance with the principles of popular democratic establishment.

(2) The examination is written and oral and takes place in Czech or Slovak languages.

§ 4.

(1) They shall be set up at the Ministry of Justice and at the Court of Justice of the Court of Justice of the Court of Justice Commission ("the Commission ').

(2) The Minister for Justice shall appoint the President, his Deputy Directors and other members of the Commission for a term of three years. The Minister of Justice may withdraw the members of the Commission before the expiry of their term of office, if they do not perform their duties properly or for other serious reasons.

§ 5.

(1) The President of the Commission shall decide on the application for the examination.

(2) An appeal to the Ministry of Justice may be made within 15 days of receipt of the decision refusing admission to the test.

§ 6.

The examinations shall take place before a five-member Examination Chamber, which shall consist of the President and the four Examination Commissioners as the next chair.

§ 7.

(1) The Examination Board may recognise the candidate as eligible or unfit in the test.

(2) A candidate who has been recognised as unfit may undergo a corrective test.

(3) A candidate who has been twice recognised as unfit for the repair test must not repeat the test. In cases of special consideration, the Minister of Justice may authorise an exemption as regards candidates from civil servants (candidates) of the legal service of financial prosecutors in agreement with the Minister of Finance.

(4) A certificate shall be issued to the candidate on a successful test.

§ 8.

No charge shall be levied for the acceptance and execution of the test for official acts in administrative matters.

§ 9.

(1) If the current rules refer to a judicial examination, a uniform judicial and legal examination, a legal examination or a notarial examination, this shall be understood as a test under this law.

(2) Judicial examinations, uniform judicial and legal examinations, bar examinations and notarial examinations carried out before the application of this law have the same legal effects as the examination under this law.

§ 10.

A candidate who has been granted a corrective test prior to the application of this law shall carry out it in accordance with the existing rules, but before a commission established under this law.

§ 11.

The Minister of Justice shall, in agreement with the Minister of Finance, issue more detailed provisions on the examination and the composition of the commissions, the test rules and the rules on compensation to the test Commissioners.

Část II.

Complement the rules on the preparatory service of the judiciary.

§ 12.

(1) A candidate who fulfils the requirements laid down in general for admission to public service may be admitted to the judicial preparatory service and has completed legal and state studies at the national university and has successfully passed the prescribed state examinations.

(2) The Minister of Justice may, on a case-by-case basis, waive the professional competence laid down in paragraph 1 for particularly serious service reasons.

(3) The candidate in the preparatory service of the judge may be appointed by a professional judge or a conceptual official of a public action after successful completion of the professional judicial examination.

(4) The Minister of Justice shall issue more detailed provisions on the preparatory service by regulation.

Část III.

Provisions common and final.

§ 13.

All provisions contrary to this law shall be repealed, in particular:

1. Decree of 10 October 1854, No 262, issuing new legislation on the practice of political and judicial officials and on practical political and judicial examinations, in so far as it governs examinations of judges, lawyers and notaries;

2. Ordinance of 11 October 1854, No 264 of 11 October 1854 on the issue of new statutory provisions on the practical examination required for the conduct of the trial and the practice required for the admission to the trial;

3. Paragraph 2 and Article 3 of the Decree of 11 October 1854, No 266, which embodies new legal provisions on the practical examination required for the exercise of notaries and the practice necessary for the admission to that test;

4. Clause 4, § 4, § 3, § 8, 12, 13, § 14, § 1, and § 15 of the Law of 27 November 1896, § 217 of the Law of 27 November 1896 laying down provisions on occupancy, internal facilities and the Rules of Procedure of the Courts (Law on judicial organisation);

5. Decree of 1 November 1900, No 182 of the Court of Justice, on judicial examinations;

6. the Law of 12 July 1913, No 139, on the netting of individual military services until the time of the judicial preparatory service, judicial, notarial and law practice;

7. the Law of 6 April 1920, No 216 Coll., which provisionally and partially amends the provisions of the Law of 27 November 1896, No 217 z. on the provisions of judges and the preparatory service of judges;

8. Paragraph 37 (2) and (3) of the Act of 24 June 1926, No 103 Coll., on the arrangements for the payment and certain service conditions of civil servants (the Law of the Salary);

9. Paragraph 7 of the Law of 16 May 1946, No 138 Coll., on the adaptation of certain questions relating to notaries, in so far as it applies to the practice prescribed for the admission to the notarial test;

10. Paragraph 50 and 56 of the Law of 17 June 1942, No 112 of the SLA, on the organisation of courts, public prosecutors and judicial authorities;

11. Law of 10 September 1942, No 186 of the Slovak Republic, on a uniform judicial and legal examination;

The 12th Government Order of 4 September 1942, No 216 of the SLA, on the uniform judicial and legal examination and its test rules;

13. Government Decree of 14 May 1943, No 62, on membership of the Commission for a Single Judicial and Lawyer Examination.

§ 14.

This Act shall take effect on the day of its publication; It shall be implemented by the Minister of Justice in agreement with the participating members of the Government.

Gottwald v. r.

Dr John v. r.

Zaporocký v. r.

Dr Cap v. r.