Regulation No. 324 / 1948 Coll.
Regulations issuing detailed rules on professional judicial examination
Valid
Effective from 31.12.1948
324.
Order of the Minister of Justice
of 31 December 1948
laying down detailed rules for the expert judicial examination.
In an agreement with the Minister of Finance pursuant to Section 11 of the Act of 22 December 1948, No. 323 Coll., establishing a professional judicial examination and adding the rules on the preparatory service of the judge:
The subjects of the expert judicial examination (hereinafter referred to as "the test ') shall be:
(a) political teaching (marxismus-leninism);
(b) the constitutional law and the foundations of administrative and financial law;
(c) private law,
(d) civil procedural law;
(e) criminal law, substantive and procedural.
(1) The Commission for Professional Judicial Examinations (hereinafter referred to as "the Commission") is composed of the President, two Vice-Presidents and the necessary number of other members appointed for each subject of the examination by working citizens who have special expertise in the field of a test subject, in particular from professional judges, conceptual pragmatic officials of the Public Prosecutor's Office, officials of the Legal Service of the Ministry of Justice (delegate), officials of the Legal Service of the Financial Prosecutors, lawyers and notaries (public notaries).
(2) The President of the Commission and its Deputy Ministers shall be appointed by the Minister of Justice either from the professional judges or from the conceptual pragmatic officials of the public action offices or from officials of the Ministry of Justice's legal service (delegate) who are competent to the judicial office.
(3) The members of the Commission shall be appointed by the Minister of Justice, in agreement with the Minister of Finance, members of lawyers and notaries (public notaries) after hearing the Central Association of Lawyers, after hearing the notarial (public notaries) chambers.
(4) If necessary, the Minister of Justice may appoint other members of the Commission for the remainder of the term of office.
(5) The members of the Commission shall serve on the Commission even after the expiry of the three-year term of office until the appointment of the members of the Commission for a further term.
(1) The Board of Appeal of five members shall be drawn up by the Chairman of the Commission from among the members of the Commission. The President shall ensure that, for each test subject [Sections 1 (a) to (e)], a member of the committee appointed for it is appointed in the Chamber and that, as far as possible, there is one associate of the lawyers (officials of the legal service of the financial prosecutors) and one of the notaries (public notaries). The chair of the Chamber shall be a professional judge or a conceptual pragmatic official of the Office of the Public Prosecutor or an official of the Legal Service of the Ministry of Justice (delegate), who is competent to the judicial office.
(2) In the oral examination, the members of the Chamber appointed for them shall test the individual items. The President of the Chamber may also ask questions from another subject, other members of the Chamber with the consent of the Board.
(3) The President shall direct the vote in the Examination Chamber. The Examination Board shall act by a simple majority, unless otherwise provided for in this Regulation.
(1) The trials are held annually at regular intervals, in January, April, July and October.
(2) The President of the Commission may, for reasonable reasons, determine the date of the test beyond the regular period, in particular if the candidate, admitted to the test in the regular period, is unable to come to it for the disease or any other unforeseen and unavoidable obstacle.
(3) A candidate who has withdrawn the application for the test after the expiry of the period laid down in Article 5 (1) or who has not shown up for the test without a proper excuse may be admitted to the test at the earliest during the following period.
(1) An application for admission to the test shall be submitted to the Office of the applicant, following the case with the relevant regional association of lawyers or the relevant notarial (public) chamber (post office), no later than one month before the beginning of the regular period.
(2) Where, in addition to the legal practice at the time of the application, the applicant has other legal practice which, pursuant to Article 2 (2) of the Act, is included in the legal practice prescribed for the admission to the test, or where the last sentence of the law has been included in the prescribed legal practice, the period during which the legal practice has not been carried out shall be accompanied by the necessary document.
(3) The position shall be submitted without delay to the President of the Commission for a decision. The Office shall attach to it the applicant's personal statement and its qualification table, the Regional Bar Association or the notarial (public) chamber shall attach a certificate of legal practice.
(1) The examination shall take place at the seat of the Commission. The President of the Commission may order the examination to take place elsewhere.
(2) The test is not public.
(1) The candidate shall first take an oral examination of the test subject referred to in § 1 (a). The unanimity of the members of the Chamber shall be required in order to be recognised as eligible under this test subject. If the candidate from this test subject has not been recognised as eligible, he may not continue the test and shall be deemed to have been ineligible.
A candidate who has been recognised as eligible from the subject referred to in § 1 (a) shall first undergo a written examination and after the oral examination.
(1) The written examination takes place on the one hand, from private law and civil procedural law, and on the other hand, from material and procedural criminal law, on the other hand, from 9 a.m. to 18 p.m.
(2) The written examination is clausurous. It shall be exercised by a member of the Commission designated by the chairman of the Commission.
(3) In the written examination of private law and of civil procedural law, a candidate shall be ordered to draw up a judicial decision, an action or an appeal under the judicial files or the facts communicated. In a written examination of material and procedural criminal law, the candidate shall be ordered to draw up, on the basis of the judicial files or the facts disclosed, an indictment, a judicial decision or an appeal.
(4) In the written examination, the candidate shall not use formulas and shall not be consulted on his / her role.
(5) A candidate who does not heed the advice of a supervising member of the Commission (paragraph 2) or is grossly guilty against the provisions of paragraph 4 may be excluded from the further examination by a supervising member of the Commission. In that case, it shall be deemed to have been recognised as unfit in the test.
(6) Written roles shall be assessed by the members of the Chamber who have been appointed for the subjects concerned and shall be submitted by written assessment at the latest before the beginning of the oral examination to the President of the Chamber.
(1) The oral examination shall take place simultaneously with a maximum of two candidates and shall last for a maximum of two hours.
(2) The Examination Board may recognise the candidate as eligible or unfit. If the candidate has experienced excellent skills in all test subjects, he may be recognised as highly qualified, if the Board of Appeal agrees unanimously. The assessment of the test result shall also take into account the results of the written examination. The test result shall be declared by the President.
The President of the Commission shall issue a report to the candidate who has been recognised as eligible (excellent), which shall sign and seal the official seal of the Panel on Professional Judicial Tests.
If the candidate has been recognised as unfit or if he has been recognised as unfit (§ 7, § 9, paragraph 5), he may take the corrective test at the earliest possible time within the following period. The same rules apply to the repair test as for the first time, except that the test carried out with success from the test subject referred to in § 1 (a) is not repeated in the repair test.
The President of the Commission shall inform the candidate's service office of the outcome of the examination and return the personal statement and the qualifying table to him; he shall inform the relevant Regional Counsel Association and the notaries of the relevant notarial (public) chamber.
(1) The members of the Commission who are not public servants and who have been sent for examination to a place outside their place of residence are entitled to reimbursement of travel expenses equal to the compensation which would be payable to the public official at the place of employment, as set out in the 3rd scale.
(2) A flat-rate refund of 30 Cds for each candidate tested and every day he took part in the oral examination is payable to a member of the Commission.
(3) The refunds referred to in paragraph 1 shall be applied by an account which shall be submitted to the President of the Commission no later than 8 days after the date on which he participated in the accounting examination.
(4) The President of the Commission shall take a final decision on the award of the refunds referred to in paragraphs 1 and 2.
The tests are held in 1949 in March, April, July and October. Candidates who undergo a test in March and are recognised as unfit shall not be allowed to repeat the test before July.
This Regulation shall enter into force on the day of its publication.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Regulation No. 324 / 1948 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1948 |
|---|---|
| Effective from | 31.12.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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