Decree of the Ministry of Interior No. 51 / 1998 Coll.
Ordinance of the Ministry of the Interior laying down the conditions for the performance of functions requiring specific competence in district offices and municipal offices (Ordinance on special competence)
Valid
Effective from 01.04.1998
51
DECLARATION
Ministry of Interior
of 6 March 1998
laying down the conditions for the performance of functions requiring specific competence in district offices and municipal offices (Order on special competence)
The Ministry of Interior provides pursuant to § 61a of the Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment), as amended by the Act of the Czech National Council No. 302 / 1992 Coll., pursuant to § 16 (1) and pursuant to § 15 (1) (h) of the Act of the Czech National Council No. 425 / 1990 Coll., on district offices, on the modification of their responsibilities and on certain other measures related thereto, as amended by Act No. 18 / 1997 Coll., in agreement with the competent central authorities of the state administration:
Preliminary provisions
The decree sets out the conditions for the performance of the functions requiring specific competence in the district offices and municipal offices, the scope of these functions, the content of the specific competence, the method of its verification, as well as the scope of the cooperation of the Ministry of Interior and other competent central authorities on its verification.
(1) The requirement for the performance of the functions referred to in paragraph 2 shall be a summary of the expertise necessary for the performance of the administration on the sections provided for in this Decree and which have been verified in a specified manner (hereinafter referred to as "specific competence ').
(2) The special competence shall be verified for district office staff and municipal staff who, in the performance of their duties on the sections of government laid down in this Decree, decide or prepare the decisions, as well as for members of the special bodies and, where appropriate, the commissions of the municipal council (hereinafter referred to as "the staff '), provided that a statutory requirement is required for the performance of their duties.
(3) The special competence under this Decree shall not be verified by the county authorities' heads, by the county hygienists and by the staff responsible for the service activities necessary for decision-making in the exercise of the administration.
(4) The verification of specific competence (hereinafter referred to as "verification") is carried out in the form of an examination (Section 10 et seq.).
Verification shall be carried out for the following sections of government:
(a) offences against public order, civil coexistence and property;
(b) matrices and citizenship,
(c) financial management;
(d) taxes;
(e) the road economy;
(f) road transport;
(g) health care;
(h) welfare;
(i) State social support and other state social benefits;
(j) civil service;
(k) conservation;
(l) territorial planning;
(m) construction rules;
(n) water management;
(o) agriculture, hunting and forestry;
(p) conservation of nature and landscape;
(q) protection of the agricultural land fund;
(r) air protection;
(s) waste management;
(t) business business;
(u) land-use arrangements, including related ownership arrangements;
(v) bonitarianism,
(w) civil defence and protection;
(x) the handling of dangerous substances and preparations.
(1) The verification shall be carried out for staff who, at the date of application of this Order, perform or will perform a function for which specific competence is required.
(2) Where a staff member performs a function for which special competence is required in several sections of the administration, verification shall be carried out gradually for those sections, the second and further verifications being carried out only in a special part (Section 10 (3)). In the case of staff of municipalities in which at least two departments of the municipal office are not established and where the municipal office is not entrusted, where they perform a function for which specific competence is required in several sections of the administration, verification shall be carried out only in that section of the public administration designated by the employer.
(3) In the case of employees who are entitled to an old-age pension within four years from the date by which an application for a test is required at the latest (Section 5), the verification shall be carried out only if they so request.
Application and preparation for verification
(1) The employer subscribes to the staff member for examination at the Institute for Local Government1 (hereinafter referred to as the Institute). The application shall be submitted by the employer no later than three months after the date of entry into force of this decree, if the staff member is already exercising his duties, otherwise within six months of the beginning of his duties (Paragraph 4 (1)). Until that time, periods of maternity leave, additional maternity leave, incapacity for work, military basic (replacement) services, civil services and time of release for public office are not included.
(2) The employer shall indicate in the application:
(a) the name, surname, title, birth number, residence and place of employment of the staff member;
(b) the section of the State Administration for which it requests verification;
(c) the form of preparation chosen by the staff member (Section 6).
(1) Preparation for verification shall be carried out by an organised or individual study, or a combination of both, so that the staff member chooses the organised study only for the special or only for the general part of the examination.
(2) Organised studies as referred to in paragraph 1 shall mean training for the examination provided by the Institute.
(1) The staff member shall receive a definition of the issue from which the test will be carried out and a list of the literature within 30 days of the date of receipt of the application.
(2) In the case of organised or combined studies, the staff member shall receive a notification of inclusion in the relevant course. Preparation by organised study is usually started within six months of filing the application.
Test Panel
(1) The verification shall be carried out by the Examination Commission (hereinafter referred to as the "Commission") established by the Ministry of the Interior in cooperation with the competent central authorities of the State Administration. The Commission shall be of three members; one of its members shall act as Chairman.
(2) During the test, the panel shall be bound by specified sets of test questions.
(3) The Commission may exclude from the examination a staff member who, when preparing for a response or during the examination, uses illegal aids by the Commission or otherwise seriously impedes the proper conduct of the examination.
The President of the Commission shall direct its activities and decide on the questions at issue relating to the examination.
Test
(1) The test is to be broken down into the general part and the special part.
(2) The general part of the test is the same for the verification of all sections of the administration referred to in Section 3; it assumes knowledge of the general principles of organisation, status and activity of the public administration and of the rules of procedure
(a) municipal establishment, 2)
(b) the capital of Prague, if it is the employees of the capital of Prague and its urban areas, 3)
(c) district offices, 4)
(d) administrative procedure. 5)
(3) The content of the specific part of the verification test on the relevant sections of the administration shall be determined and updated, as appropriate, by the competent central authority of the administration under whose jurisdiction these sections belong (§ 17).
(1) The verification shall be carried out in a written and oral form, both in general and in a special part of the test.
(2) The written part of the test (test) for each part of the test does not last more than one hour.
(3) The oral part of the test usually does not last more than 30 minutes. The staff member shall answer at least one general question and one special question. The time to prepare the response shall be at least 15 minutes.
(1) The test shall be assessed in the "passed" or "failed" stage in both the general and the specific part separately according to the proven knowledge. The condition for issuing the certificate is to reach the "passed 'level in both the general and the specific part.
(2) A condition for holding the oral part of the test is the successful performance of the written part, meaning the correct answer to at least two thirds of the questions contained in the test. The written part of the test can be repeated twice.
(3) The degree of "non-compliance" is also assessed by an employee who has been excluded from the examination (Paragraph 8 (3)).
(4) The results of the examination shall be notified to the staff member by the chairman of the Commission on the day of the examination.
(1) If the staff member fails to pass the test, he may repeat the test twice. The re-examination shall be carried out not earlier than 30 days and not more than six months after the date of the test in which the staff member failed, if not for the case referred to in paragraph 3.
(2) The multiple examination shall be made up of the part in which the staff member failed.
(3) A replacement period is set for staff who could not attend the test or repeat the test for an important reason or have duly apologized for their non-participation.
(4) If the staff member does not appear for the test or repeat the test without an important reason or a proper apology, he may only take the test on the basis of a new application.
Certificate of specific competence
(1) Staff who successfully pass the examination shall issue a certificate of special competence (hereinafter referred to as "certificate") in duplicate. One copy shall be forwarded by the staff member to the employer.
(2) The certificate includes the designation of the relevant section of the administration (Section 3), the date of issue, the stamp of the Institute and the signature of the President of the Commission.
The certificate shall not replace the qualification criteria laid down by specific legislation.
Cooperation of the Ministry of Interior and the competent central government bodies in ensuring verification
The Ministry of the Interior provides training 6) by:
(a) the tasks relating to the preparation for verification and organisational technical tasks related to the conduct of the tests shall be provided by the Institute, which shall at the same time determine the level of reimbursement of the costs involved;
(b) provide training for the general part of the test;
(c) establish a set of test questions for the general part of the test, including the content and criteria of the evaluation of the written part.
The competent central government bodies cooperate with the Ministry of Internal Affairs (7) by:
(a) define the content of the specific part of the test (Section 10 (3));
(b) provide training for the specific part of the examination;
(c) establish a set of test questions for the specific part of the test, including the content and criteria of the evaluation of the written part thereof.
Common, transitional and final provisions
Verification of expertise shall also be carried out for the function of secretaries of the municipal authorities, only from the general part of the examination (Section 10 (2)).
The employer's role under this decree shall be performed by the competent district office or municipality for members of the special bodies and the municipal council commissions.
The preparation for the test which began before the entry into force of this decree and the examination of the staff participating in that order shall be carried out in accordance with the existing legislation. 8)
Certificates issued under existing legislation9) shall be considered as certificates issued under this Regulation.
The special competence acquired under the special legislation remains unaffected by this decree.
The Order of the Ministry of Interior of the Czech Republic No. 260 / 1991 Coll., on the special competence of the workers of the county authorities and its verification, as amended by the Order of the Ministry of Interior of the Czech Republic No. 535 / 1992 Coll.
This Decree shall take effect on 1 April 1998.
Minister:
Freedom v. r.
1) Budget organisation of the Ministry of Interior.
2) In particular Act No. 367 / 1990 Coll., on Municipality (municipal establishment), as amended.
3) In particular ČNR Act No. 418 / 1990 Coll., on the Capital City of Prague, as amended, Act No. 367 / 1990 Coll., as amended.
4) In particular, ČNR Act No. 425 / 1990 Coll., on District Offices, the modification of their scope and on certain other measures related thereto, as amended.
5) In particular Act No 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
6) Paragraph 15 (1) (h) of Act No. 425 / 1990 Coll., as amended by Act No. 18 / 1997 Coll.
7) Paragraph 17 (1) (e) of Act No. 425 / 1990 Coll., as amended by Act No. 321 / 1992 Coll.
8) Decree of the Ministry of the Interior of the Czech Republic No. 260 / 1991 Coll., on the special competence of workers of the district authorities and its verification, as amended by Decree No. 535 / 1992 Coll.
9) Decree of the Ministry of Interior and Environment of the Czech Republic of 31 May 1989 No. LK-7696 / 89-529 on the special competence of staff of national committees for the performance of certain activities, published in No. 3 / 1989 of the Government of the Czech Republic for National Committees and announced in No. 17 / 1989 Coll. Decree of the Ministry of Interior of the Czech Republic No. 260 / 1991 Coll., as amended by Decree No. 535 / 1992 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Interior No. 51 / 1998 Coll., establishing the conditions for the performance of functions requiring special competence in the district offices and municipal offices (Decree on special competence) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.03.1998 |
|---|---|
| Effective from | 01.04.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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