Act No. 83 / 1990 Coll.
Civil association law
Valid
Effective from 01.05.1990
83
THE LAW
of 27 March 1990
on the association of citizens
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
(1) Citizens have the right to join freely.
(2) The exercise of this right does not require the authorisation of a public authority.
(3) This law does not apply to the association of citizens
(a) political parties and political movements;
(b) to pursue a gainful activity or to ensure the proper pursuit of certain professions;
(c) in churches and religious societies.
(1) Citizens may establish associations, companies, associations, movements, clubs and other civil associations, as well as trade unions (hereinafter referred to as associations) and join in them.
(2) Legal persons may also be members of the association.
(3) The associations are legal persons. State authorities can only intervene in their position and activity within the limits of the law.
(4) Soldiers in active service cannot form and form trade unions. The scope of the authorisations of trade unions bringing together members of the National Security and Correctional Education Corps in the application and protection of their social interests shall be laid down in a separate law.
(1) No one may be forced to join or participate in associations. Anyone can leave the association freely.
(2) No one shall be harmed in a civil way by the fact that he is a member of the association, that he is involved in or supports his activities, or that he is outside them.
(3) The rights and obligations of a member of the association are governed by the statutes of the association.
No associations allowed
(a) whose aim is to deny or restrict the personal, political or other rights of citizens for their nationality, sex, race, origin, political or other sentiments, religion and social status, to ignite hatred and intolerance for these reasons, to promote violence or otherwise to violate the Constitution and the laws;
(b) which pursue the achievement of their objectives in ways contrary to the Constitution and the laws;
(c) armed or armed forces; associations whose members hold or use firearms for sporting purposes or for the exercise of hunting rights shall not be considered as such.
Associations may not perform the function of state bodies unless otherwise provided for in a special law. They shall not be allowed to manage public authorities and impose obligations on citizens who are not their members.
Registration and formation of associations
(1) The association is established by registration.
(2) An application for registration may be lodged by at least three citizens, at least one of whom must be over 18 years of age (hereinafter referred to as "the Preparatory Committee ') .1. The proposal shall be signed by the members of the Preparatory Committee and shall indicate their names and surnames, dates of birth and residence. They shall also indicate which of the members over 18 are authorised to act on their behalf. It shall be accompanied by the statutes in duplicate, specifying:
(a) the name of the association;
(b) the registered office;
(c) the objective of its activities;
(d) the bodies of the association, the manner in which they are established, the identification of the authorities and officials authorised to act on behalf of the association;
(e) provisions on organisational units, provided that they are established and act on their behalf;
(f) management principles.
(3) Where the statutes do not specify otherwise, the Preparatory Committee shall act on behalf of the Association until the bodies referred to in paragraph 2 (d) have been established.
(4) The name of the association must differ significantly from the name of the legal person already operating in the Czech Republic, from the name of the public authority of the Czech Republic, from the name of the international organisation, its body or its institution and from the name of the European Union and its institutions.
(1) The application for registration is submitted to the Ministry of the Interior of the Czech Republic (hereinafter referred to as the Ministry).
(2) If the proposal does not have a requirement pursuant to Paragraph 6 (2) and (4) (or if the information in it is incomplete or inaccurate), the Ministry shall immediately, no later than 5 days after the receipt of the proposal, notify the Ministry that no registration procedure will be initiated until such defects have been remedied.
(3) The registration procedure shall begin on the date on which the Ministry has received a proposal which does not have the defects referred to in paragraph 2. The Ministry shall immediately inform the agents of the Preparatory Committee of the date of initiation.
(1) The Ministry of Registration shall refuse registration if it appears from the articles of association submitted that:
(a) the organisation referred to in Article 1 (3);
(b) the statutes do not comply with Article 3 (1) and (2);
(c) it is an illegal association (§ 4);
(d) the objectives of the association are contrary to the requirements set out in Section 5.
(2) The Ministry shall decide to refuse registration within 10 days of the date of initiation of the procedure. The decision shall be delivered to the agents of the Preparatory Committee.
(3) The members of the Preparatory Committee may appeal to the Supreme Court of the Republic against a decision refusing registration within 60 days of the date on which the decision was served by their agents.
(4) The Court of First Instance shall revoke the decision of the Ministry if no grounds for refusal have been given. The date of the legal power of such a court decision shall be the date of registration of the association. At the request of the Director of the Preparatory Committee, the Ministry shall send him a copy of the statutes indicating the date of registration.
(5) If, within 40 days of the initiation of the procedure, the representatives of the Preparatory Committee have not received a decision by the Ministry to refuse registration, the association shall be established on the day following that period; the date of registration. At the request of the Director of the Preparatory Committee, the Ministry shall send him a copy of the statutes indicating the date of registration.
(1) If the Ministry does not find a reason to refuse registration, it shall register within 10 days of the initiation of the procedure and within this period shall send to the agents of the Preparatory Committee a copy of the statutes indicating the date of registration of the date of dispatch. No administrative decision shall be taken on registration.
(2) The Ministry shall keep records of the associations and their organisational units which are entitled to act on their behalf.
(3) Organising units authorised to act on their behalf shall notify the Ministry of the name, registered office, date of their establishment and termination, as well as the name of the association under whose statutes they have been established. This information shall be notified to the Ministry within 15 days of the date on which it was created or destroyed. The change of name and registered office shall be notified to the Ministry within 15 days of the date on which their competent authorities have decided on the matter.
(4) The name and registered office of the association, the date of its establishment and termination, as well as the information referred to in paragraph 3, shall be entered by the Ministry in the basic register of legal persons, natural persons and public authorities (hereinafter referred to as the "basic register of persons"), including the legal form. Within the time limits laid down by the Special Act (3a), the Ministry shall also enter an amendment to that fact in the basic register of persons.
(5) The Ministry may use reference data from the basic register of the population in the scope of the names, names, surnames, addresses of the place of residence and dates of birth for the exercise of the administration on the division of the law of association under this Act.
(1) The trade union organisation and employers' organisation shall become a legal person the day following the receipt of the application for registration by the competent Ministry (Section 7 (1)).
(2) Paragraphs 6 (2), 7 (1) and 9 (4) shall apply mutatis mutandis to the registration of trade unions and employers' organisations; paragraphs 6 (1), 7 (2) and (3), 8 and 9 (1) shall not apply to trade unions and employers' organisations.
(1) The Association shall notify the amendment of the Statutes in writing to the Ministry within 15 days of its approval and shall add in duplicate the text of the amendments.
(2) If the amendment of the statutes does not comply with the provisions of § 6 (2) and (4), or if the particulars are incomplete or inaccurate, or if there are grounds for refusing registration pursuant to § 8 (1), the Ministry shall immediately draw the attention of the association to that effect. The association shall remove these defects within 60 days of the date of receipt of this notice and inform the Ministry thereof within a further 10 days. If they do not, the Ministry shall dissolve the association; the decision of the Ministry may be appealed to the Supreme Court of the Czech Republic.
(3) If there is no reason to proceed under paragraph 2, the Ministry of the Association shall, within 10 days of receipt of this notification under paragraph 1, send a copy of the amendment to the Statutes, indicating that it takes note of the amendment.
Termination of the association
(1) The Association shall cease to exist
(a) by voluntary dissolution or merger with another association;
(b) by a final decision of the Ministry on its dissolution,
(c) cancellation under another legislation8).
(2) If the statutes of the association do not determine the method of voluntary dissolution or merger with another association, it shall be decided by its highest authority. That authority shall notify the dissolution of the association to the competent Ministry within 15 days.
(3) If the Ministry finds that the association operates,
(a) which is reserved for political parties and political movements or for organisations bringing together citizens for the purpose of gainful activity or exercising religion or belief in churches and religious societies (§ 1 (3));
(b) which infringes the principles set out in Article 3 (1) and (2);
(c) which is contrary to Article 4 or Article 5;
immediately alert them and invite them to refrain from such activities. If the association continues this activity, the Ministry will dissolve them. An appeal may be brought against this decision before the Supreme Court of the Czech Republic.
(4) When examining a decision pursuant to Articles 11 (2) and 12 (3), the court shall, in accordance with the provisions of the Civil Code, proceed to review the decision of other authorities. The appeal shall have suspensory effect; where there are serious grounds for doing so, the court may, for a period of time, suspend the activities of the association in its decision. During this period, the association may carry out only the activities necessary to fulfil its obligations under the law. The Court of First Instance shall revoke the decision of the Ministry if no grounds for dissolution have been given.
(5) If the Ministry (Sections 7 and 10) finds that, in the manner referred to in Section 12 (3), an organisational unit of an association which is entitled to act on its behalf is acting in a similar manner. Paragraph 4 shall apply mutatis mutandis.
(2) In the event of the termination of the association, a settlement shall be made.
(3) In the event of the termination of the association pursuant to § 12 (1) (b), its property settlement shall be carried out by a liquidator designated by the Ministry.
(4) The arrangements referred to in paragraph 3 shall also apply to the termination of an association pursuant to Article 12 (1) (a), unless its authority is to carry out the asset settlement.
The death of the association shall be notified by the Ministry to the Czech Statistical Office within 7 days of the date on which it became aware.
Judicial protection
(1) If a member of the association considers a decision of one of its institutions against which an appeal can no longer be brought under the Statutes to be unlawful or contrary to the Statutes, he may, within 30 days of the date on which he became aware of it, at the latest six months after the decision to ask the district court to determine whether such a decision complies with the laws and statutes.
(2) The Court of First Instance shall proceed in the proceedings under the Civil Code.
Cooperation agreements
(1) Associations may conclude agreements between themselves on synergies in order to achieve a certain objective and, where appropriate, to apply another common interest. The contract shall be in writing.
(2) The Treaty on Synergies defines the purpose of synergies, the way in which they are implemented, the rights and obligations of the associations involved and the means by which they contribute to synergies. The provisions of this Act shall apply mutatis mutandis to the Union; Article 9a shall apply mutatis mutandis to trade unions or employers' associations.
(4) A grouping of participating associations, which is a legal person, may be established by the Treaty on synergies. The provisions of this Act shall apply mutatis mutandis to the Union.
(5) A contract of cooperation may provide that the contract shall cease to be effective by agreement of the participating associations, by achieving the objective for which it was concluded, or by any other fact specified in the contract.
Common provisions
If the meetings or other gatherings are open to the public, the citizens present shall be obliged to attend the assembly. 5) They shall not interfere unless the President decides otherwise.
In line with the objectives of their activities, the association has the right to contact the public authorities with petitions. 6)
Transitional and final provisions
(1) Voluntary organisations which were formed after 30 September 1951, or which were declared voluntary organisations pursuant to Act No. 68 / 1951 Coll., on voluntary organisations and gatherings, and which did not disappear, shall be considered as associations already established under this Act. These organisations shall only be required to notify the Ministry referred to in paragraphs 1 and 11 of their name, registered office and statutes by 30 June 1990.
(2) Associations formed before 1 October 1951 shall be considered as associations already established under this Act, unless they have ceased to exist. They shall notify the Ministry referred to in Articles 7 (1) and 11 (4) of their name and registered office by 30 June 1990. If they do not, the Ministry will ask them whether they intend to continue their activities. If the association fails to fulfil the obligation under the second sentence or until 31.12.1990, it will be deemed to have ceased to exist on that date.
(3) The data on associations (§ 9 (2)) referred to in paragraphs 1 and 2 shall be reported by the Ministry (§ 7 (1)) to the Federal Statistical Office for Registration.
The conditions of activity of organisations with an international element shall be governed by a special law. 7)
(1) If an association operating until 31 December 1992 in the territory of both Republics, registered in the Slovak Republic, intends to continue operating in the territory of the Czech Republic, it shall submit an application for registration under this Act by 30 April 1993. If he does not do so, his right to operate in the Czech Republic under this law shall cease.
(2) Organisations with an international component (7) authorised by the Federal Ministry of Interior to take effect of this Act and which have their registered office in the Czech Republic shall be deemed to have been authorised by the Ministry. Organisations based in the Slovak Republic shall submit an application for authorisation to the Ministry by 30 April 1993. If they do not, they cannot continue to operate in the Czech Republic.
_
1. Act No. 68 / 1951 Coll., on voluntary organisations and gatherings, as amended as regards voluntary organisations;
2. the Ministry of the Interior Order No. 320 / 1951 Ú. l. (No. 348 / 1951 Ú. v.) on voluntary organisations and gatherings, as amended by the Minister of the Interior Order No. 158 / 1957 Ú. l., as regards voluntary organisations;
3. Government Decree No. 30 / 1939 Coll., on the creation of special associations not subject to the applicable rules on association and supervision;
4. Paragraph 2 of Act No. 126 / 1968 Coll., on certain transitional measures to strengthen public order;
5. Paragraph 2 (8) (c) of Act No. 128 / 1970 Coll., on the definition of the jurisdiction of the Czechoslovak Socialist Republic in matters of internal order and security;
6. Paragraph 45 (1) (c) of Act No. 194 / 1988 Coll., on the jurisdiction of federal central government bodies.
This Act shall take effect on 1 May 1990.
Havel v. r.
Dubček v. r.
CHF
1) § 8 of Civil Code No. 40 / 1964 Coll. (full version No. 70 / 1983 Coll.).
2) Act ČNR No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Socialist Republic, as amended. Act SNR No. 207 / 1968 Coll., on the establishment of ministries and other central government bodies of the Slovak Socialist Republic, as amended.
3) § 244-250 of Act No. 99 / 1963 Coll., Civil Code, as amended.
3a) § 4 (3) of Act No. 111 / 2009 Coll., on Basic Registers.
4) Act No. 109 / 1964 Coll., Economic Code (full version No. 80 / 1989 Coll.).
5) Act No. 84 / 1990 Coll., on the right of assembly.
6) Act No. 85 / 1990 Coll., on Petitions Law.
7) Act No. 116 / 1985 Coll., on the Terms and Conditions of Activities of International Organisations in the Czechoslovak Socialist Republic, as amended by Act No. 157 / 1989 Coll.
8) Act No. 418 / 2011 Coll., on the criminal liability and proceedings against legal persons.
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Regulation Information
| Citation | Act No. 83 / 1990 Coll., on bringing together citizens |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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