Decree No. 382 / 2017 Coll.
Decree on the selection, recruitment and preparatory service of judicial candidates and on the expert judicial test
Valid
Order
Effective from 01.01.2018
Text versions:
01.01.2018
23.11.2017
382
DECLARATION
of 14 November 2017
on the selection, recruitment and preparatory service of judicial candidates and the professional judicial examination
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 amending certain other laws (Law on Courts and Judges), as amended:
COLLECTION OF JUDICIAL REPRESENTATIVES
Registration
(1) An applicant for admission to the preparatory service of judicial candidates (hereinafter referred to as "candidates") is registered in the register of candidates for admission to the preparatory service of judicial candidates (hereinafter referred to as "registers") on the website of the Ministry of Justice (hereinafter referred to as "Ministry").
(2) The register is maintained and managed by the Ministry. The Judicial Academy uses the entry data for the purposes of the entry test and records the results of the entry test. The Regional Courts use the data from the register for the purposes of the selection procedures for the preparatory service of the judicial candidates (hereinafter referred to as the "selection procedure ') and record the results of the selection procedures.
(3) When registering, the candidate shall indicate:
(a) the name and, where applicable, the names, surname, date of birth, e-mail address and contact telephone;
(b) data on the required higher education and, where appropriate, on the degree obtained and on the achievement of scientific or scientific degrees;
(c) a declaration of citizenship, a declaration of integrity and a declaration of independence;
(d) the district court district and the specific district courts in whose district it is interested in carrying out the preparatory service of judicial candidates (hereinafter referred to as the preparatory service); interested persons may also specify several circuits.
(4) The applicant for registration shall provide evidence of the required university legal training as referred to in paragraph 3 by electronic copies.
(5) The Ministry assesses the completeness of the registration. Incomplete registration shall not be taken into account.
(6) Registration shall be considered as an application for a tendering procedure according to the perimeter indicated by the interested party in the registration.
Entry test
(1) The initial written test (hereinafter referred to as the "entry test") shall verify the basic expertise and assumptions of the candidate for admission to the preparatory service.
(2) The entry test is provided and organised by the Judicial Academy in cooperation with the Ministry.
Entrance test performance
(1) The term of the entrance test and the evaluation criteria shall be notified by the Judicial Academy at least 60 days before it is held on the Ministry's website.
(2) The Judicial Academy shall invite candidates for the entry test at least 30 days before the date of registration. The time limit referred to in the first sentence may be reduced with the consent of the interested party.
(3) The applicant has the right to be informed of the results obtained.
(1) An applicant who, for serious reasons, is unable to take part in an entry test within the time limit for which he has been invited, shall apologize in writing to the Judicial Academy no later than 5 days after the date of the entry test.
(2) An applicant who, for serious reasons and in due time, has apologized for taking part in an entry test, is entered in the register at the end of the list of registered candidates and invited to the entry test in accordance with the new order.
(3) An interested party who does not appear at the entrance test without a timely and reasoned apology shall be deemed to have received no point in the entry test.
(1) The performance of the entry test is a condition for participation in the selection procedure. The result of the entry test shall be valid for 3 years from the date of the entry test.
(2) The candidate may repeat the entry test at least 12 months after the date of the previous entry test.
Data recorded in the register
(1) The information on the candidate referred to in Article 1 (3), the invitation to enter the test, participation or non-participation in the entry test, the information on apologies and the results of the entry tests shall be kept in the register.
(2) The interested party shall immediately notify the Ministry of the change of the data referred to in Article 1 (3). The interested party shall notify the Ministry that it is no longer interested in being registered as interested parties. The Ministry shall record the information notified. Information on a candidate who is no longer interested in being registered as a candidate shall be kept for a period of 3 years from the date of notification of this fact.
Announcement of a selection procedure
(1) The President of the Regional Court, after consulting the Ministry, announces the vacancy of the judicial candidates ("the candidate") as necessary.
(2) The selection procedure is announced by means of a register. The invitation to tender shall also include evaluation criteria. The selection procedure shall be announced at least 14 days before the written test.
(3) The selection procedure shall include a written test and an interview before the commission of the competent regional court (hereinafter referred to as the "admission interview '). The President of the Regional Court may decide not to include a written test; instead determines the number of points of the entry test necessary for the procedure for the admission interview. The information shall be provided in the tender notice. If the selection procedure does not include a written test, it shall be published at least 14 days before the admission interview.
(4) The candidate for admission to the preparatory service (hereinafter referred to as "the tenderer") is any candidate who has carried out the entry test and, in the event that the tender does not include a written test, the candidate who has reached a specified number of points. The applicant shall have the right to be informed of the results he has achieved in the various stages of the selection procedure.
Invitation
(1) The President of the Regional Court shall invite all applicants who have designated the relevant district of the Regional Court as having an interest in carrying out the preparatory service to a written test by means of evidence.
(2) In the event that the selection procedure does not include a written test, the President of the Regional Court shall invite those candidates who have reached a specified number of points in the entry test and have designated the relevant district of the Regional Court as having an interest in carrying out the preparatory service for an interview by means of evidence.
Apology
(1) If, for serious reasons, the applicant is unable to participate in a written test or in an interview and to make an apology in writing no later than 5 days after the date of the written test or interview, he shall be given a replacement date for the written test or interview. The applicant may, at one stage of the selection procedure, apologize only once according to the first sentence; a written test or an interview within a replacement period shall be held within 14 days of the original date.
(2) A candidate who does not participate in a written test or interview without a timely and reasoned apology shall be excluded from the selection procedure by the President of the Regional Court. The President of the Regional Court shall send the tenderer a written notice of withdrawal.
(3) Candidates who, without a timely and reasoned apology, do not participate twice in a written test or in an interview for admission in one or more selection procedures shall cease to be valid on the day of the second non-participation.
Written test
(1) The written test will verify the professional knowledge and assumptions of the candidate for admission to the preparatory service on the basis of a uniform methodology developed by the Judicial Academy and approved by the Ministry, including how the results of the written test are assessed.
(2) Where a written test is included in the selection procedure, its successful completion is a condition for further participation by the tenderer in the selection procedure.
(3) The candidate who failed the written test will be removed from the selection procedure by the President of the Regional Court. The President of the Regional Court shall send the tenderer a written notice of withdrawal.
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 panel composed of judges working in the district of the regional court concerned. The President and members of the Commission shall be appointed and dismissed by the President of the Regional Court in such a way that the Committee has an odd number of members. The Admission Interview shall be attended by the Council of the Judicial Academy by an authorised representative of the Judicial Academy (hereinafter referred to as the "representative of the Judicial Academy '), who, at the end of the Admission Interview, shall make written observations on its conduct.
(2) The content of the interview and the criteria for its evaluation shall be determined by the President of the Regional Court on the basis of a uniform methodology developed by the Judicial Academy and approved by the Ministry.
(3) In the interview, the committee shall examine the evidence of the required university legal education, structured CV and extract from the record of the Register of Penalties not earlier than 3 months. The appointment of a court to which the candidate will perform the preparatory service is also foreseen.
(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.
ACCESS TO PREPARATION SERVICES
(1) The candidate shall be admitted to the preparatory service by the President of the Regional Court, taking into account the results of the entry test, the results of the previous stages of the selection procedure and the comments of the representative of the Judicial Academy during the interview; The President of the Regional Court shall also designate the candidates as the place of preparation.
(2) The President of the Regional Court shall send the tenderer a written notification of his or her admission to the preparatory service. 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.
(3) The President of the Regional Court shall send to the Ministry and the Judicial Academy without undue delay a list of the successful candidates who have been admitted to the preparatory service.
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 his duties as a judge 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 and enforcement of knowledge of the various agendas kept by the courts;
(d) the adoption of procedural procedures and practices necessary for the performance of the duties of judge;
(e) familiarisation with ethical principles relating to the performance of the duties of judge.
(3) The preparatory service plan shall be drawn up by the President of the Regional Court after consultation with the Advisory Council for the Education of Waiting Persons (hereinafter referred to as the Advisory Board).
(1) The preparatory service shall be carried out in the district and county courts as first instance courts.
(2) In accordance with the preparatory service plan, the candidate shall perform the preparatory service at the county court or county court. As a general rule, the candidate shall be assigned to one judge as part of the preparatory service. By agreement with the candidate who carries out the preparatory service at the District Court, part of his preparatory service may be performed at the Regional Court but for a maximum period of 6 months. By agreement with the candidate who carries out the preparatory service at the Regional Court, part of his preparatory service may be performed at the District Court, but not more than 6 months.
(3) The preparatory service includes adaptation courses, seminars and lectures organised by the Judicial Academy and educational activities organised by regional courts for at least 2 days a month. 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 the courts. The adaptation course shall take place in the first 6 months of the preparatory service.
Advisory Board
(1) The preparatory service shall be coordinated and supervised by the Advisory Board in cooperation with the Judicial Academy.
(2) The Advisory Board is the advisory body of the President of the Regional Court; is composed of 3 to 5 members appointed and dismissed by the President of the Regional Court from judges serving in the District of the Regional Court for a period of 3 years. The appointment of a member of the Advisory Board shall require the consent of the person to be appointed.
(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 final evaluation shall be attached to the applicant's application for authorisation to conduct a professional examination.
(4) The Advisory Board recommends the candidates for foreign study visits 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 preparatory service also focuses on adopting the principles of professional ethics.
(2) The trainers are appointed and removed by the President of the Regional Court from the judges who are eligible for the training of candidates under the preparatory service plan.
(3) The chairmen of the Regional Courts, in cooperation with the Chairpersons of the District Courts, are made suitable conditions for working with the candidates.
(4) The trainer shall record on the waiting list details of the place of service, its time and in-kind course, the evaluation of the candidate, the obstacles to work and the excused absence of work. The President of the Regional Court shall compile the waiting list. The waiting list shall be kept as part of the personal file.
(1) The candidate shall follow the instructions of the President of the Court, the designated trainer and the judge to whom he has been assigned, perform the tasks assigned to him under the conditions and to the extent laid down by other legislation, participate in the preparatory service plan for educational activities, and supplement and deepen his expertise with a separate study.
(2) The candidate is entitled to express himself in writing on the records in his personal record and on the content and quality of the training actions organised under the preparatory service. The President's statement is part of the personal certificate.
TRAINING JUSTMENT TEST
(1) The Minister of Justice shall appoint its chairman from among the members of the Examination Committee. The chair of the Examination Committee shall be a judge.
(2) The Chairman of the Examination Board shall direct and ensure the conduct of the expert judicial examination (hereinafter referred to as the "expert examination ').
(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.
Written part
(1) In the written part of the professional examination, the candidate shall draw up one decision on criminal matters, one decision on civil or commercial matters and one decision on administrative justice.
(2) The candidate must draw up the decision separately. As an aid, the candidate is entitled to use only the legal information system provided by the Ministry during the written part of the professional examination. Infringement of the duty to work alone or the use of illicit equipment is a reason to exclude the candidate from the test; the exclusion shall be decided by the examination committee.
(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 6 hours. After this period, the candidate is obliged to submit his written work to the supervisor, even if it is not completed.
Oral part
(1) At the beginning of the oral part of the vocational examination, the chair of the examination committee shall evaluate the written part of the vocational examination of the candidate.
(2) During the oral part of the professional examination, the knowledge of the candidate shall be determined
(a) constitutional law;
(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, their internal and office Regulations and the organisation of courts and prosecutors.
(3) In the oral part of the professional examination, the candidate shall also obtain a basic knowledge of European Union law and orientation in the basic 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 the district and county courts, the ability of the candidate to apply correctly and interpret the legislation as well as his verbal expression.
(5) In the oral part of the professional examination, the candidate may use collections of laws and regulations, collections of judicial or other decisions and journal or book legal literature 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 each candidate's oral examination shall not exceed 2 hours.
Test result
(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 '.
(2) A candidate who has refused to carry out a professional examination shall always be considered unfit to withdraw from the professional examination without any serious reason, or has been excluded during the written part of the professional examination, or has not appeared without a timely and reasonable excuse for the professional examination. An apology shall be considered timely if the examination committee has been notified in writing not later than 5 days after the technical examination.
(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 Ministry shall send the candidate a certificate of successful completion of the professional examination.
(4) A report shall be drawn up by the chairman of the examination committee within 1 week of the completion of the oral 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 3 days of its completion.
(5) Data on the conduct of the professional examination shall be kept for 3 years.
In assessing the "ineligible 'test, the test panel shall also determine whether and to what extent the candidate is required to repeat his / her written part when the professional examination is repeated.
PROVISIONS TRANSITIONAL AND FINAL
Transitional provision
The selection procedures announced before the date of entry into force of this Order shall be completed in accordance with Decree No. 303 / 2002 Coll., 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, as effective before the date of entry into force of this Order.
Repeal
They shall be deleted:
1. Decree No. 303 / 2002 Coll., 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.
2. Decree No. 172 / 2003 Coll., amending Decree No. 303 / 2002 Coll., 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.
3. Decree No. 188 / 2007 Coll., amending Decree 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, as amended by Decree No. 172 / 2003 Coll.
Efficacy
This Decision shall enter into force on 1 January 2018.
Minister:
JUDr. Pelican, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 382 / 2017 Coll., on the selection, recruitment and preparatory service of judicial candidates and on the expert judicial test |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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