Act No. 365 / 2017 Coll.
Act amending Act No. 198 / 2009 Coll., on Equal Treatment and Legal Means of Protection against Discrimination and on the Amendment of Certain Laws (Anti-Discrimination Act), as amended, and other related laws
Valid
Law
Effective from 01.01.2018
365
THE LAW
of 11 October 2017
amending Act No. 198 / 2009 Coll., on Equal Treatment and Legal Means of Protection against Discrimination and on the Amendment of Certain Laws (Anti-Discrimination Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of anti-discrimination law
The Act No. 198 / 2009 Coll., on Equal Treatment and Legal Means of Protection against Discrimination and the Amendment of Certain Laws (Anti-Discrimination Act), as amended by Act No. 89 / 2012 Coll. and Act No. 332 / 2014 Coll., is amended as follows:
1. In Article 1 (1), the words "European Community1) and the following shall be replaced by the words" European Union1) and following the directly applicable European Union3) and ';
footnotes 1 and 3 are as follows:
"(1) Council Directive 2000 / 43 / EC of 29 June 2000 establishing the principle of equal treatment between persons irrespective of racial or ethnic origin. Council Directive 2000 / 78 / EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. Council Directive 79 / 7 / EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment between men and women in the field of social security. Council Directive 86 / 378 / EEC of 24 July 1986 on the implementation of the principle of equal treatment between men and women in occupational social security schemes. Council Directive 2004 / 113 / EC of 13 December 2004 establishing the principle of equal treatment between men and women in access to and supply of goods and services. Directive 2006 / 54 / EC of the European Parliament and of the Council of 5 July 2006 on the introduction of the principle of equal opportunities and equal treatment for men and women in the field of employment and occupation. Directive 2010 / 41 / EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women who are self-employed and repealing Council Directive 86 / 613 / EEC. Directive 2014 / 54 / EU of the European Parliament and of the Council of 16 April 2014 on measures to facilitate the exercise of rights conferred on workers in the context of their free movement.
3) Regulation (EU) No 492 / 2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union. '.
2. In Paragraph 1 (1), at the end of point (a), the words "including assistance provided by the Czech Labour Office 'shall be added.
3. In Article 1 (1), the words "including integration into professional life 'shall be added at the end of point (b).
4. In Article 1 (1), the words "including training 'shall be added at the end of point (i).
5. In Paragraph 1, the sentence "This is without prejudice to the adjustment provided for by the directly applicable regulation of the European Union in the field of free movement of workers (3) shall be added at the end of paragraph 2. ';
6. In Article 1 (3), the words "or directly applicable European Union legislation in the field of free movement of workers' shall be inserted after the words" this law '.
7. In Article 2, at the end of the text of paragraph 1, the words "or the European Union regulation directly applicable to the free movement of workers (3) shall be added. ';
8. In Article 2, at the end of the text of paragraph 3, the words "and in legal relations in which the directly applicable European Union regulation on the freedom of movement of workers (3) applies) and on grounds of nationality 'shall be added.
Amendment of the Civil Code
In Section 26 of Act No. 99 / 1963 Coll., Civil Code, at the end of paragraph 5, the sentence "The provisions of this paragraph on the representation of a foreigner by a legal person shall apply even in cases where the directly applicable European Union regulation on the free movement of workers applies. 105)."
Footnote 105 reads as follows:
"105) Regulation (EU) No 492 / 2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union. '.
Amendment to the Administrative Rules of Procedure
In Article 35 of Act No. 150 / 2002 Coll., the Administrative Rules, at the end of paragraph 5, the sentence "The provisions of this paragraph on the representation of a stranger by a legal person shall apply even in cases where the directly applicable European Union regulation on the free movement of workers applies. 26)."
footnote 26 reads as follows:
"(26) Regulation (EU) No 492 / 2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union. '.
Amendment to the Ombudsman Act
Act No. 349 / 1999 Coll., on the Ombudsman, as amended by Act No. 265 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 626 / 2004 Coll., Act No. 381 / 2005 Coll., Act No. 342 / 2006 Coll., Act No. 129 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 198 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 427 / 2010 Coll., Act No. 303 / 2011 Coll., Act No. 396 / 2012 Coll., Act No. 198 / 2017 Coll., is amended as follows:
1. In Article 1, the following paragraph 8 is inserted after paragraph 7, including footnotes 9 and 10:
"(8) The guardian shall exercise jurisdiction in matters of the right to the free movement of citizens of the European Union and of the European Economic Area and their family members (9) (hereinafter referred to as" citizens of the European Union ") to the extent provided for in Article 21d10.
"9) § 15a of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
10) Articles 4 and 7 (2) of Directive 2014 / 54 / EU of the European Parliament and of the Council of 16 April 2014 on measures to facilitate the exercise of rights conferred on workers in connection with their free movement. '.
Paragraphs 8 to 10 shall be renumbered paragraphs 9 to 11.
2. The following Section 21d is inserted after Section 21c, including footnote 11:
(1) In order to fulfil the right of free movement of citizens of the European Union in accordance with the directly applicable regulation of the European Union in the field of freedom of movement for workers 11)
(a) provide methodological assistance to the citizens of the European Union in making proposals to initiate proceedings on grounds of discrimination;
(b) carry out surveys and analyses of the exercise of the right of free movement of citizens of the European Union;
(c) publish reports and make recommendations on issues relating to the fulfilment of the rights of citizens of the European Union;
d) publishes up-to-date information on the rights of citizens of the European Union in Czech and at least one other official language of the European Union;
(e) exchange available information with relevant national, foreign and international bodies.
(2) The tasks referred to in paragraph 1 shall also be carried out by the Ombudsman in respect of the right to the free movement of those citizens of the European Union who are not covered by the directly applicable European Union regulation in the field of freedom of movement for workers (11).
(3) Paragraph 15 and 16 shall apply mutatis mutandis in the performance of the tasks referred to in paragraph 1.
(4) In the event of failure to fulfil the obligation to cooperate, the Ombudsman may apply mutatis mutandis in accordance with Paragraph 20 (2) (b).
"(11) Regulation (EU) No 492 / 2011 of the European Parliament and of the Council of 5 April 2011 on the free movement of workers within the Union. '.
EFFECTIVE
This Law shall enter into force on 1 January 2018.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 365 / 2017 Coll., amending Act No. 198 / 2009 Coll., on Equal Treatment and Legal Means of Protection against Discrimination and on the Amendment of Certain Laws (Anti-Discrimination Act), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.11.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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