Decree No. 516 / 2021 Coll.
Decree on professional judicial examination, selection and training of judicial candidates, selection of candidates for the function of judge, selection of judges and amendment of Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended
Valid
Order
Effective from 01.01.2022
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
HLAVA I
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
HLAVA II
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
HLAVA III
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
HLAVA IV
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
ČÁST TŘETÍ
§ 49
ČÁST ČTVRTÁ
§ 50
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516
DECLARATION
of 16 December 2021
on the professional judicial examination, the selection and training of judicial candidates, the selection of candidates for the function of judge, the selection of judges and the amendment of Decree No. 37 / 1992 Coll., the Rules of Procedure for District and Regional Courts, as amended
The Ministry of Justice provides, pursuant to § 45 (1), § 105d (4), § 105e (5), § 109 (4), § 112 (5), § 115 (3) and § 117 (3) of Act No. 6 / 2002 Coll., on Courts, Courts, Addresses and Government Administration of Courts and on the amendment of certain other laws (Law on Courts and Courts), as amended by Act No. 151 / 2002 Coll., Act No. 192 / 2003 Coll., Act No. 79 / 2006 Coll., Act No. 314 / 2008 Coll., Act No. 296 / 2017 Coll. and Act No. 218 / 2021 Coll.:
INTRODUCTORY PROVISIONS
Subject matter
This decree regulates
(a) the procedure and manner of notification of the term of the professional judicial examination, the formalities and the method of filing the application, the form, content, rules and manner of notification of the outcome of the professional judicial examination;
(b) the procedure and manner of notification of the date of the selection procedure for the position of judicial candidate, the formalities and method of filing the application, the form, content, rules and manner of notification of the outcome of the selection procedure for the position of judicial candidate;
(c) the content of the training of the candidate, the method and procedure for evaluating the candidate;
(d) the procedure for the publication of a selection procedure for the function of judge, the formalities for the application and the procedure for the filing of applications, the procedure for the provision of opinions, statements and evaluation of the activities of the judge and their formalities;
(e) the procedure and manner of notification of the date of the selection procedure for the post of Judge, the formalities and the method of filing the application, the form, content, rules and manner of notification of the outcome of the selection procedure for the post of Judge; and
(f) the form, content, rules and manner of communication of the outcome of the selection procedure for the office of President of the District, Regional and Supreme Court.
COMPETITION YUSTY TEST, SELECTION AND TRAINING OF YUSTY CANDIDATORS, COLLECTION OF PRESENTATIONS AT THE COURT'S FUNCTION, COLLECTION OF THE PRESIDENTS
TRAINING JUSTMENT TEST
List of persons to choose the members of the Examination Board
In the list of persons referred to in Article 109 (2) of Act No. 6 / 2002 Coll., on the courts, judges, sitting and state administration of the courts and amending certain other laws (the Law on Courts and Judges), as amended, (hereinafter referred to as "the Act '), the Judges of the Regional, Supreme and Supreme Courts shall propose, at the request of the Ministry of Justice (hereinafter referred to as" the Ministry'). Other persons are proposed by the Ministry on the list. Persons proposed under the first and second sentences shall be included in the list drawn up under Paragraph 109 (2) of the Act after approval by the Minister of Justice (hereinafter referred to as "the Minister '). The list shall be made public to the individual members of the Commission by whom they have been proposed.
Notification of dates of initiation of expert judicial examinations
(1) The Ministry shall notify the dates of the opening of the professional judicial examination blocks no later than 6 months before the start of the trials. The notification of the dates of initiation of the expert judicial examination blocks shall be published on the Ministry's website.
(2) The notification of the dates of the opening of the expert judicial examination blocks shall include the dates of the opening of the expert judicial examination blocks, the deadline for the submission of applications and the organisational instructions for applicants for the professional judicial examination. The notification shall include the application form.
Application
(1) The application shall be submitted by the applicant to the Ministry on the prescribed form within the time limit specified in the notification of the dates of initiation of the blocks of professional judicial examinations. The deadline for submission shall be maintained if the application is transmitted to the postal service operator at the latest on the last day of the deadline.
(2) The requirements of the application are:
(a) an indication of whether it is an application for a professional judicial test or a repeated professional judicial test;
(b) the title, the name and, where appropriate, the names and the surname of the tenderer;
(c) the date of birth of the tenderer;
(d) in the case of a tenderer who has worked in a court in his current practice, the designation of that court,
(e) the type and place of work of the tenderer;
(f) the address of the applicant's permanent residence;
(g) the contact address of the place of service of the tenderer, if different from the place of permanent residence of the tenderer;
(h) the applicant's telephone number and e-mail address;
(i) the name of the school at which the applicant obtained a university degree in the Master's Law Study Programme pursuant to Section 60 (3) of the Act and the date of completion of the studies;
(j) structured information on the applicant's current practice;
(k) a declaration by the applicant of the obligation to notify any termination of practice pursuant to § 110 (2) and (3) or § 111 (1) and (2) of the Act; and
(l) the date and signature of the tenderer.
(3) The application shall include:
(a) evidence of educational attainment;
(b) an extract from the Register of Penalties not earlier than 3 months;
(c) a certificate of practice referred to in § 110 (2) and (3) or § 111 (1) and (2) of the Act;
(d) confirmation of payment of the fee pursuant to § 111 (3) of the Act for tenderers pursuant to § 111 (2),
(e) by the tenderer, the information signed for the applicant for the professional judicial examination of the processing of personal data; and
(f) where appropriate, any other requirements laid down by other legislation1).
(4) In the case of repeated professional judicial examination, the applicant shall only add to the application an extract from the Register of Penalties not earlier than 3 months and a certificate of practice referred to in § 110 (2) and (3) or § 111 (1) and (2) of the Act.
(5) The Ministry will assess the admissibility and completeness of the application. In the event of incompleteness of the application, the Ministry shall invite the applicant to complete the application and shall set a reasonable time limit. If the application is not completed or is inadmissible within the prescribed time limit, the applicant shall be removed from the list of applicants for professional judicial examination. The Ministry shall inform the applicant of the removal from the list of applicants for professional judicial examination.
Invitation
(1) The Ministry shall send an invitation to the applicant for a professional judicial examination no later than 30 days before the written part of the professional judicial examination. The invitation for a professional judicial examination shall include the date and place of the written part of the professional judicial examination, the date and place of the oral part of the professional judicial examination, the information on the course of the professional judicial examination and the composition of the examination committee, including the alternates appointed by the Minister.
(2) The applicant may object to the bias of a member of the commission or alternate. The objection shall be raised within 1 week of the date of notification of the candidate for the composition of the examination committee. The claim must be substantiated by the specific facts from which the bias is being imported. The Ministry shall examine the objection of bias and, where appropriate, exclude a member of the commission or alternate and inform the candidate of this procedure.
(3) If, after the expiry of the period for the application of the objection of bias referred to in paragraph 2, the tenderer finds circumstances from which the bias of a member of the Commission or of an alternate who he or she did not know or could not know before the expiry of that period, the tenderer may object to the bias of the member of the panel or alternate at the latest before the beginning of the oral part of the professional judicial examination. The Ministry shall examine the objection of bias thus applied. If the objection of bias is not manifestly unfounded and applied in time, the Ministry shall allow the applicant to conduct the oral part of the professional judicial examination in one of the terms of the ongoing or subsequent block of professional judicial examinations.
(4) A member of the Commission or an alternate shall comment on the objection within 3 days of the date on which it was notified.
(5) A member of the commission or alternate shall notify the Ministry of the facts for which he considers that he is biased in relation to one of the tenderers within 1 week of the date on which he was notified of the composition of the candidates. The Ministry shall assess the notified facts and, where appropriate, exclude a member of the commission or alternate and inform the candidate of this procedure. If a member of the commission or alternate discovers, after the expiry of the period referred to in the sentence of the first circumstance, from which his bias may be imported, which he did not know or could not know before the expiry of that period, he shall notify the Ministry of that circumstance at the latest before the commencement of the oral part of the judicial examination. The Ministry shall assess the notification, exclude the member of the commission or alternate, if appropriate, and inform the candidate of this procedure.
Written part of the professional judicial examination
(1) The written part of the expert judicial examination shall take the form of a judicial decision in the field of civil law, a judicial decision in the field of criminal law and a judicial decision in the field of administrative law.
(2) The award of a written part of the professional judicial examination is based on legally complex cases discussed by the courts.
(3) The award of the written part shall be determined by the Ministry on the basis of files received at its request from the Presidents of the Regional Courts.
(4) The candidate will draw up the decision on the basis of the award drawn up by him. As an aid, the applicant is entitled to use only the legal information system provided by the Ministry, paper collections, other software provided by the Ministry and writing supplies during the written part of the professional judicial examination.
(5) Each judgment shall be drawn up for a maximum period of six hours.
(6) The applicant demonstrates his identity before starting the written part of the professional judicial examination.
Oral part of the professional judicial examination
(1) The oral part of the professional judicial examination shall be held not earlier than 1 day and not later than 14 days after the written part of the professional judicial examination is held by means of an interview before the examination committee. The interview before the test committee is public.
(2) Before the oral part of the professional judicial examination begins, the panel shall be informed of the content of the decisions drawn up by the tenderer in the written part of the professional judicial examination.
(3) The applicant demonstrates his identity before the oral part of the professional judicial examination.
Meeting of the Examination Board
(1) The Examination Committee may act only in the presence of all its members who have not been excluded on the basis of a plea of bias and of alternates who have replaced the excluded or absent members.
(2) The meeting of the Examination Committee shall be chaired by the President appointed by the Minister. The President of the Examination Board shall ensure the impartiality of the hearing of the Examination Board, the proper conduct of the oral part of the expert judicial examination and the accuracy of the report on the hearing of the Examination Board.
(3) A protocol containing the names of the members of the examination committee, the name of the candidate, information on any objection to the bias of the members of the panel or of the alternates, a brief verbal assessment of the candidate and the outcome of the expert judicial examination shall be drawn up from the panel's deliberations. The Chairman of the Examination Board shall draw up a report within 7 days of the end of the oral part of the expert judicial examination, the report being signed by all members of the Examination Board; the report shall be forwarded by the Chairman of the Examination Board to the Ministry within 3 days of its completion.
(4) In order to ensure the proper conduct of the oral part of the professional judicial examination, the Chairman of the Examination Board may take appropriate measures, in particular:
(a) limit the number of members of the public;
(b) refuse access to a natural person who is concerned that the proper conduct of the oral part of the professional judicial examination could be compromised; or
(c) declare the person referred to in point (b) from the place of the oral part of the professional judicial examination.
(5) An alert shall be made on the adoption of the measures referred to in paragraph 4 in the report on the conduct of the professional judicial examination.
Interview
(1) Candidates shall approach the examination committee individually in the order indicated by the lot. In cases of special consideration, the date of his interview may be changed with the consent of the candidate.
(2) During the interview, the members of the examination committee ask candidates questions about the written part of the professional judicial examination as well as questions about the professional aspects of the duties of judge, overall orientation in the legal order and the ability of the applicant to apply and interpret legislation.
(3) The oral part of the professional judicial examination shall verify the knowledge of the candidate.
(a) constitutional law;
(b) civil law;
(c) labour and social security law;
(d) criminal law;
(e) administrative law;
(f) the notarial order and the execution order,
(g) the rules of procedure of the courts and the organisation of courts and prosecutors,
(h) European Union law; and
(i) the basic sources of public international law.
(4) In the oral part of the professional judicial examination, the applicant may use collections of laws, regulations, judicial or other decisions and journal or book legal literature only with the agreement of the Chairman of the Examination Committee.
(5) The Ministry will publish on its website a list of regulations and sources of law the knowledge of which is required for the oral part of the professional judicial examination, including general headings which are the subject of a professional judicial examination.
(6) The oral part of the professional judicial examination shall last for a maximum of 2 hours.
Applicant's apology
If, for serious reasons, a candidate cannot attend a written or oral examination within the prescribed time limit and does not participate without undue delay, no later than 5 days from the date of the proper date of the written or oral part of the professional judicial examination, the Ministry shall apologize to the Ministry, the Ministry shall determine one of the dates of the following block of professional judicial examinations in which the applicant will be allowed to perform the professional judicial examination.
Results of the expert judicial examination
(1) In determining the results of the expert judicial examination, the examination panel shall evaluate the written part of the expert judicial examination by the applicant and the response of the candidate during the oral part of the expert judicial examination, including its overall presentation and expression. The results of the professional judicial examination shall be evaluated in the degrees "excellently qualified '," eligible' and "ineligible '.
(2) The results of the expert judicial examination shall be determined by the examination panel at a private meeting by voting. None of the members of the test committee may refrain from evaluating the candidate. The vote shall first be taken on whether the tenderer is "eligible 'or" ineligible' for those who have been recognised as eligible, and then on the assessment "excellently eligible '.
(3) A candidate who has refused or refused to perform a professional judicial examination shall always be considered unfit to withdraw from the professional judicial examination during the course of that examination, has not made a decision in the course of the written part of the professional judicial examination, has used illicit aids, or has not appeared, without a timely and reasonable excuse, for the written or oral part of the professional judicial examination.
(4) The outcome of the expert judicial examination shall be communicated by the chairman of the examination panel to the candidate immediately after the conclusion of the panel's deliberations referred to in paragraph 1.
(5) The Ministry shall send to the eligible and well-qualified tenderer a certificate of successful composition of the professional judicial examination without undue delay.
(6) Data on the conduct of the expert judicial examination shall be kept for a period of 70 years.
(7) In assessing the "ineligible 'degree of professional judicial examination, the Examination Committee shall also determine whether and to what extent the candidate is required to repeat the written part of the professional judicial examination when repeating the professional judicial examination.
COLLECTION AND TRAINING OF JUDICIAL CANDIDATES
Announcement of a selection procedure for the position of judicial candidate
(1) The selection procedure shall be organised by the President of the Regional Court responsible, where appropriate, to fill the vacancies of the candidates, taking into account the expected number of seats of judges in the district of the Regional Court concerned. The deadline for filing the application shall be set by the President of the Regional Court responsible for at least 30 days. The notice of publication of the selection procedure for the position of judicial candidate shall be published on the website of the Court and the Ministry.
(2) The notice of invitation to tender for the position of a candidate shall include the deadline for the submission of applications, the requirements required for participation in the selection procedure, the date of the written part of the selection procedure, the estimated number of seats to be filled and the number of candidates to be invited to the oral part of the selection procedure on the basis of the results of the written part of the selection procedure and information on the progress of the selection procedure for the position of candidate. The invitation to tender shall include an application form.
(3) The term of the written part of the selection procedure referred to in paragraph 2 shall be determined by the President of the Regional Court responsible in agreement with the Judicial Academy.
Application
(1) An application for a selection procedure for the position of judicial candidate may be submitted only by a candidate who fulfils the conditions for the performance of this function on the date of filing of the application for the selection procedure.
(2) The application shall be inadmissible if:
(a) the tenderer has previously applied for another selection procedure for the position of a judicial candidate which has not yet been completed, unless, before receiving the notification referred to in Article 16 (4), the tenderer has withdrawn from such a selection procedure or, according to the results of the written part of such a selection procedure referred to in Article 16 (2), does not proceed to the oral part;
(b) the tenderer carries out the training of the judicial candidate in another court; or
(c) less than one year has elapsed since the invitation to tender for the post of Judge in which the candidate succeeded.
(3) The application for a competition for the position of judicial candidate shall be submitted by the applicant to the Regional Court on the prescribed form within the time limit specified in the notice of invitation to tender. The deadline for submission shall be maintained if the application is transmitted to the postal service operator at the latest on the last day of the deadline.
(4) The requirements of the application are:
(a) the title, the name and, where appropriate, the names and the surname of the tenderer;
(b) the date of birth of the tenderer;
(c) the address of the applicant's permanent residence;
(d) the contact address of the place of service of the tenderer, if different from the place of permanent residence of the tenderer;
(e) the applicant's telephone number and e-mail address;
(f) information on the composition of the professional judicial examination or other professional examination referred to in Article 60 (5) of the Act;
(g) information on the applicant's current practice;
(h) information on the previous participation of the candidate in the selection procedure in the position of judicial candidate or as judge;
(i) information on the applicant's language skills;
(j) information on the applicant's traineeships;
(k) information on the professional publication activity of the tenderer; and
(l) the date and signature of the tenderer.
(5) The application shall include:
(a) evidence of educational attainment;
(b) an extract from the Register of Penalties not earlier than 3 months;
(c) a medical report on the capacity to perform the duties of judge not earlier than 3 months;
(d) the result of a psychological examination carried out in the previous 5 years prior to the date of publication of the selection procedure for the position of judicial candidate, with the result "recommended" where the applicant applies the derogation provided for in Article 17 (3);
(e) a certificate of successful completion of a professional judicial examination or other professional examination pursuant to Article 60 (5) of the Act;
(f) a structured CV;
(g) an incentive letter,
(h) a signed statement of the facts referred to in paragraph 2 by the tenderer;
(i) signed information on the processing of personal data by the applicant; and
(j) where appropriate, any other requirements laid down by other legislation1).
(6) The President of the competent regional court shall assess the admissibility and completeness of the application. In the event of incompleteness of the application, the President of the Regional Court shall invite the applicant to complete the application and shall set a reasonable time limit. If the application is not completed within the prescribed time limit or if the application is inadmissible, the tenderer shall be excluded from the selection procedure. The President of the Regional Court shall inform the tenderer of the withdrawal from the selection procedure.
Invitation
(1) The Judicial Academy shall send an invitation to the candidate for a selection for the position of judicial candidate no later than 10 days before the written part of the selection procedure.
(2) The invitation to tender for the position of judicial candidate shall include the date and place of the written part of the selection procedure.
(3) The replacement period for the performance of the written and oral part of the selection procedure for the position of judicial candidate is not allowed.
Written part of the selection procedure
(1) The written part of the selection procedure for the position of a candidate of justice takes place in the form of a right test. The written part of the selection procedure is provided and organised by the Judicial Academy in accordance with the methodology of the Judicial Academy approved by the Ministry and discussed with the Presidents of Regional and Higher Courts. The law application test shall verify the expertise and assumptions of the candidate for admission to the training of the candidate.
(2) The applicant shall test the application of the right separately. As an aid, the applicant is entitled to use only the legal information system provided by the Judicial Academy, paper collections, other software provided by the Judicial Academy and writing supplies during the written part of the selection procedure. A candidate who does not test the application of the right separately or uses illegal aids will be excluded from the selection procedure.
(3) Test questions are private.
(4) The written part of the selection procedure lasts no more than 2 hours.
(5) The applicant demonstrates his identity before the opening of the written part of the selection procedure.
Notification of the outcome of the written part of the selection procedure
(1) The written part of the selection procedure is evaluated on the basis of the methodology of the Judicial Academy approved by the Ministry and discussed with the Presidents of Regional and Higher Courts.
(2) The President of the Regional Court shall inform the candidate, in pseudonymised form, of the outcome of the written selection procedure for the position of a candidate without undue delay on the website of the Regional Court after receiving the results from the Judicial College.
(3) For the oral part of the selection procedure for the position of judicial candidate, the number of candidates corresponding to twice the number of seats to be filled shall be referred in the order of the highest number of points reached in the written part of the selection procedure, and all other tenderers who have reached the same number of points as the latter.
(4) Candidates who have advanced to the oral part of the selection procedure for the position of judicial candidate shall be informed by the President of the Regional Court of the date of the oral part of the selection procedure and the composition of the selection panel, including the alternates appointed by the President of the Regional Court.
(5) The applicant may object to the bias of a member of the commission or alternate. The objection shall be made within 1 week of the date of notification of the candidate for the composition of the selection panel. The objections subsequently raised shall not be taken into account. The claim must be substantiated by the specific facts from which the bias is being imported. The President of the Regional Court shall examine the objection of bias or, where appropriate, of a member of the Commission or of an alternate, and shall inform the tenderer accordingly.
(6) A member of the Commission or an alternate shall comment on the objection within 3 days from the date on which it was notified.
(7) A member of the Commission or alternate shall notify the President of the Regional Court of the facts for which he considers that he is biased in relation to one of the tenderers within one week of being informed of the composition of the tenderers. The President of the Regional Court shall examine the notified facts, or, where appropriate, the member of the Commission or the alternate, and inform the tenderer accordingly.
Psychological examination
(1) The candidate who, on the basis of the outcome of the written part of the selection procedure, shall refer to the oral part of the selection procedure for the position of a candidate, shall undergo a psychological examination carried out in accordance with the methodology of the Judicial Academy approved by the Ministry and discussed with the Presidents of Regional and Higher Courts before the oral part of the selection procedure. Psychological examination is carried out by the Psychological Institute of the Judicial Academy.
(2) The result of a psychological examination of the candidate for the position of judicial candidate shall be assessed at the "recommended 'and" not recommended' levels. The result of the psychological examination "not recommended 'also contains the reasons for this conclusion.
(3) The applicant does not have to undergo a psychological examination if he has completed such examination with the result "recommended" in the preceding 5 years before the date of publication of the selection procedure for the position of judicial candidate; This does not apply if the candidate insists on undergoing a new examination.
(4) The result of the psychological examination is one of the grounds for the oral part of the selection procedure for the position of judicial candidate.
Oral part of the selection procedure
(1) The oral part of the selection procedure may be carried out by the tenderer who, on the basis of the outcome of the written part of the selection procedure, has advanced to the oral part of the selection procedure.
(2) The oral part of the selection procedure shall be held in the form of an interview before the selection committee. The interview before the selection board is public.
(3) Before the oral part of the selection procedure is opened, the selection panel shall be familiar with the outcome of the written part of the selection procedure drawn up by the tenderer and the result of his psychological examination.
(4) The applicant demonstrates his identity before the oral part of the selection procedure is opened.
Meetings of the selection committee
(1) The selection committee may act only in the presence of all its members who have not been excluded on the basis of the objection of bias and of alternates who have replaced the excluded or absent members.
(2) A record shall be drawn up of the selection panel's deliberations.
(3) The meeting of the selection committee shall be chaired by the President appointed by the President of the Regional Court. The chairman of the selection panel shall ensure the impartiality of the meetings of the selection panel, the proper conduct of the oral part of the selection procedure and the correctness of the record of the selection panel's deliberations.
(4) In order to ensure the proper conduct of the oral procedure, the chairman of the selection panel may take appropriate measures, in particular:
(a) limit the number of members of the public;
(b) refuse access to a natural person who is concerned that the proper conduct of the oral part of the selection procedure might be compromised; or
(c) to report the person referred to in point (b) from the place of the oral part of the selection procedure.
(5) An alert shall be made on the adoption of the measures referred to in paragraph 4 in the record of the selection panel's deliberations.
Interview
(1) Candidates shall approach the selection committee individually in the order indicated by the draw. In cases of special consideration, the date of his interview may be changed with the consent of the candidate.
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
HLAVA I
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
HLAVA II
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
HLAVA III
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
HLAVA IV
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
ČÁST TŘETÍ
§ 49
ČÁST ČTVRTÁ
§ 50
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Regulation Information
| Citation | Decree No. 516 / 2021 Coll., on the professional judicial examination, selection and training of judicial candidates, selection of candidates for the function of judge, selection of judges and amendment of Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.2021 |
|---|---|
| Effective from | 01.01.2022 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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