Act No. 85 / 1990 Coll.
Law on petitions
Valid
Effective from 29.03.1990
85
THE LAW
of 27 March 1990
on the right of petition
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
(1) Everyone has the right, alone or together with others, to contact the public authorities with requests, proposals and complaints in matters of public or other common interest which fall within the competence of those authorities (hereinafter referred to as petitions).
(2) Legal persons may exercise that right if this is in line with the objectives of their activities.
(3) Petitions must not interfere with the independence of the court.
(4) Petitions shall not call for violations of the Constitution and of the laws, denial or restriction of the personal, political or other rights of citizens for their nationality, sex, race, origin, political or other sentiments, religion and social status, or for the igniting of hatred and intolerance for these reasons, or for violence or gross indecency.
No one shall be prevented from exercising the right to petition. The exercise of this right must not be detrimental to anyone.
Committee on Petitions
(1) In order to form a petition, to provide for the signature of citizens under it, to deliver the petition to the State authority and to negotiate with it, citizens may set up a petition committee.
(2) The Committee on Petitions is not a legal person.
(3) The members of the Committee on Petitions are required to designate a person over the age of 18 who will represent them in contact with the public authorities.
Collection of signatures under the petition
(1) A citizen or petition committee may, in any way that does not contradict the law, encourage citizens to support the petition with their signature. To sign the petition, the citizen shall state his name, surname and residence. It shall be possible for the contents of the petition to be properly acquainted before signing. They must not be forced to sign in any way.
(2) If the signature sheets do not contain the text of the petition, they shall be marked in such a way as to make clear which petitions are to be supported; they must also bear the name, surname and address of the person who drew up the petition or the name, surname and address of the person who is entitled to represent the members of the Committee on Petitions in this matter.
(3) For the purpose referred to in paragraph 1, petitions and signatures may also be made available to the public. This does not require the authorisation of a public authority, but there must be no restriction on the operation of motor vehicles and other vehicles and public policy interference.
(4) A person who has reached the age of 16 may be entrusted with collecting signatures on a site accessible to the public.
Submission and processing of the petition
(1) Petitions must be in writing and must bear the name, surname and address of the person submitting them; where the petition is lodged by the Committee on Petitions, the names, surnames and addresses of all members of the Committee and the name, surname and address of the person entitled to represent the members of the Committee in this matter shall be indicated.
(2) The State body to which the petition is addressed is obliged to accept it. If the matter does not fall within its competence, the petition shall be forwarded within 5 days to the competent State authority and shall inform the petitioner accordingly.
(3) The State body which has adopted the petition must assess its content and reply in writing within 30 days to the person who submitted it or to the person who represents the members of the petition committee. The reply shall give an opinion on the contents of the petition and the manner in which it is dealt with.
(1) the provisions of paragraphs 1, 2 and 5 of this Act shall apply to it if a petition has come from the Assembly, stating from which assembly it came and how it was approved by the Assembly; The petition committee shall be understood as the convened assembly.
(1) The Ministry of the Interior will make it possible to use the instrument for the compilation of electronic petitions (hereinafter referred to as "the instrument") to draw up the petition, the citizens' signature arrangements under it and to deliver the petition. The instrument is accessible through a public administration portal.
(2) The signature of a citizen under a petition in the instrument shall be replaced by a declaration of support by a citizen using an electronic identification device issued under a qualified electronic identification system at least at the level of the guarantee.
(3) The data in the instrument on petitions and the number of signatures of citizens under petitions are publicly available.
(4) The Ministry of the Interior will allow the person who drew up the petition in the instrument to obtain an electronic extract from the entry for the petition contained in the instrument. The electronic extract shall contain information on the citizens who supported the petition with their signature, as provided for in Section 4 (1), and the information provided for the signature sheets in Section 4 (2).
(5) If the Ministry of the Interior finds that the petition drawn up in the instrument contravenes the provisions of Paragraph 1 (3) or (4), it shall not allow further use of the instrument for measures to be taken by citizens to sign under it and to deliver the petition to the State authority and shall inform the person who has drafted the petition through the instrument.
(6) The Ministry of the Interior may delegate its powers under paragraphs 1 and 4 to another State body or to a legal person established or established by the State.
Common provisions
The State authorities shall provide for the reception, consultation and handling of petitions addressed to them in their rules of procedure or similar rules.
If the law refers to state bodies, this means the legal persons to whom the jurisdiction of the State body has been delegated.
The provisions of other legislation governing proceedings before public authorities and the receipt and handling of complaints, notifications and initiatives shall not apply to the receipt and handling of petitions under this law.
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
1) Act No. 84 / 1990 Coll., on the right of assembly
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Regulation Information
| Citation | Act No. 85 / 1990 Coll., on Petitions Law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1990 |
|---|---|
| Effective from | 29.03.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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