Act of the Czech National Council No. 566 / 1990 Coll.
Act of the Czech National Council on the election of judges from the people
Valid
Effective from 28.12.1990
566
THE LAW
Czech National Council
of 13 December 1990
on the election of judges from the people
The Czech National Council decided on this law:
(1) The judges of the county and county courts elect the municipal councils1) in the district of the competent court.
(2) The judges of the people are elected on a proposal from the Presidents of the relevant county and county courts by the municipal council, in whose district the candidate for election is registered for permanent residences2) or in whose district he works. The candidates for the election of judges from the people may be proposed by citizens who meet all the conditions prescribed for the election. 3)
(1) The number of judges from the people to be elected for the District Court shall be determined by the President of the District Court. If the district court district is located in the district of several municipal councils, the President of the district court will send a motion for the election of a judge from the people to the local council, in whose district the candidate is registered for permanent residence. 2) If the candidate is not registered for permanent residence in the district of the court, 2) the President of the district court will send the application to the municipal council in whose district the candidate works. At the same time, the President of the District Court shall determine how many judges from the people are to be elected by the various municipal councils.
(2) When determining the number of judges from the people, account should be taken of the need for individual judges not to meet, as a rule, more than 12 days a year, as well as of the population of the district.
Paragraph 2 of this Law applies mutatis mutandis to the choice of judges from the people of the regional courts.
(1) After the election, the judges of the people shall take their vows (4) into the hands of the President of the Court who proposed them.
(2) The President of the Court shall issue a certificate of election to the judges of the people newly elected after the composition of the oath, to the other judges of the people after the election. 5)
(1) At the request of the competent President of the Court of Justice, the Judge of the People of the District or Regional Court may be removed from office by the municipal council which elected him if:
(a) has seriously infringed his judicial duties; or
(b) his state of health does not permit him to perform his judicial duties properly; or
(c) no longer fulfils the conditions prescribed for candidates elected by a judge of the people (§ 1 (2)).
(2) Before deciding to remove a judge from his post, the municipal council shall request his observations.
The Municipal Council, which has elected a judge from the people of the District Court or Regional Court, shall, at his request, relieve him of this function.
The provisions of this Law on District and Regional Courts shall also apply to courts otherwise designated which exercise the jurisdiction of those courts.
Provisions common and final
The judges of the people elected under the Act of the Czech National Council No. 35 / 1970 Coll., on the election of judges from the people, shall be deemed to be elected under this Act on the date of application of this Act.
At the request of the President of the Court, submitted before 30 June 1991, the Municipal Councils may also dismiss judges from the people for serious reasons other than those referred to in Paragraph 5 (1).
The removal or removal of a judge from the people who was elected under the Act of the Czech National Council No. 35 / 1970 Coll., on the election of judges from the people, shall be carried out by the municipal council in whose district the judge from the people is registered for permanent residence. 2) If there is no permanent residence in the district of the court, the judge of the people shall be dismissed or dismissed by the municipal council in whose district the judge of the people works.
The Act of the Czech National Council No. 35 / 1970 Coll., on the election of judges from the people is hereby repealed.
This Act shall take effect on the day of its publication.
Burešová v. r.
Pithart v. r.
1) Act No. 367 / 1990 Coll., on Municipality (municipal establishment).
2) Act No. 135 / 1982 Coll., on the reporting and registration of residents.
3) Paragraph 39 (1) of Act No. 36 / 1964 Coll., on the organisation of courts and the election of judges, as amended.
4) Article I (3) of Constitutional Act No. 376 / 1990 Coll., amending the Constitution of the Czech and Slovak Federal Republic, as amended.
5) Paragraph 42 (3) of Act No. 36 / 1964 Coll., on the organisation of courts and the election of judges, as amended.
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Regulation Information
| Citation | Act of the Czech National Council No. 566 / 1990 Coll., on the election of judges from the people |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1990 |
|---|---|
| Effective from | 28.12.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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