Act No. 96 / 2005 Coll.
Act amending Act No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest and on the incompatibility of certain functions (Act on Conflict of Interest), as amended
Valid
Effective from 01.03.2005
Text versions:
01.03.2005
28.02.2005
96
THE LAW
of 6 January 2005
amending Act No 238 / 1992 Coll., on certain measures relating to the protection of the public interest and on the incompatibility of certain functions (Act on Conflict of Interest), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest and on the incompatibility of certain functions (Act on Conflict of Interest), as amended by Act No. 287 / 1995 Coll., Act No. 228 / 1997 Coll. and Act No. 15 / 2002 Coll., is amended as follows:
1. Paragraph 1 (1), including footnote 1, reads as follows:
"(1) For the purposes of this Act, public officials shall mean Members and Senators, members of the Government and heads of the Central Administrative Offices of which there is no Member of the Government (1), and members of the Councils of the Regions, of the City of Prague, of the Municipality of the Extended Jurisdiction and of the Municipality of Prague, which exercise the jurisdiction of the Municipality of the Extended Jurisdiction (hereinafter referred to as the" Regional Council of the City ').
1) Article 2 (1) of Act No. 2 / 1969 Coll., on the establishment of ministries and other central bodies of the Czech Government, as amended. "
2. in Article 2 (1) (a):
"(a) in person, during the course of his duties, to act for himself or for another person on business matters relating to the State, State or, predominantly, to a legal person governed by the law, if it is a Member or a Senator or a member of the Government and the Head of the Central Administrative Office;"
3. in Article 2 (1), the following point (b) is inserted after point (a):
"(b) in person, during the course of his or her duties, act for himself or another person in trade matters with the county, capital city of Prague, city district of Prague, exercising the jurisdiction of an enlarged municipality or an enlarged municipality (hereinafter referred to as the" region or city "), as well as a legal person whose founder is the region or city, or a commercial company in which the region or city has an interest, if it is a representative who is a member of the representative of that county or city."
Points (b) and (c) shall be renumbered (c) and (d).
4. In Article 2, the following paragraph 6 is added:
"(6) The vacant member of the county or city council shall not be remunerated for the performance of the duties of a member of the management, supervisory or supervisory body of the legal entity of which that region or city is established or in which that region or city has majority participation or majority participation in voting rights. (1a) This remuneration shall not be granted after the end of the term of office of the member of the county or city council. ';
5. In Article 2, the following paragraph 7 is added:
"(7) The unreleased member of the county or city council shall be remunerated for the performance of the duties of a member of the management, supervisory or supervisory body of the legal entity of which that country or city is the founder, or in which that country or city has majority participation or majority participation in voting rights (1a). Information on the name of the representative and the amount of his remuneration shall be taken into account by a resolution at the next meeting after the amount of the remuneration has been determined. ';
6. In Article 4, the words "constitutional or state 'are replaced by the words" state or regional or urban'.
7. In the first sentence of Article 5 (1), the words "Member and Senator 'shall be replaced by the words" Member, Senator and Member of the County or City Council'.
8. In the last sentence of Article 5 (1), the words "Member and Senator 'shall be replaced by the words" Member, Senator and Member of the County or City Council'.
9. Paragraph 5 (3) reads as follows:
"(3) A written notification of the activities referred to in paragraphs 1 and 2 shall be sent by the Senator to the President of the Chamber of Deputies, a Member, a Member of the Government and a Head of the Central Administrative Office, not headed by a member of the Government, the President of the Senate, and a Member of the County Council or of the City to the Supervisory Committee of the same Councils of the Region or the City without undue delay, but no later than 30 days after the beginning or termination of the operation. The first activity notice shall be delivered within 30 days of the start of the public service. The President of the relevant Chamber of the Parliament of the Czech Republic (hereinafter referred to as" Parliament ") shall forward the notification to the Mandate and Immunity Committee of the Chamber of which he is chairman. '
10. in Article 6 (1), the words "with the exception of the unreleased member of the county or municipality council" shall be inserted after the word "official" and the sentence "income and gifts notification shall be added at the end of the paragraph, even if the public official has not received any income or gift subject to notification."
11. in Article 6 (3), the words "or regions or cities" shall be inserted after the words "in the interest of the State."
12. in Paragraph 6 (4):
"(4) The written notification of revenue and gifts referred to in paragraph 1 shall be delivered by the end of June of the following year at the latest.
(a) the Senator to the President of the Chamber of Deputies,
(b) a Member, a member of the Government and a Head of the Central Administrative Office, not headed by a member of the Government, to the President of the Senate;
(c) a member of the district council or city control committee of the same county or city council;
even if its mandate has ceased to exist during that period; This does not apply when the mandate is terminated as a result of death. ';
13. in Paragraph 7 (2):
"(2) The written notice of immovable property referred to in paragraph 1 shall:
(a) the Senator to the President of the Chamber of Deputies,
(b) a Member, a member of the Government and a Head of the Central Administrative Office, not headed by a member of the Government, to the President of the Senate;
(c) a member of the county or city council to the control committee of the same county or city council. "
14. in Article 7 (4), the word "Parliament" shall be inserted after the words "the relevant chambers."
15. Paragraph 8 (1), including footnote 2a, reads as follows:
"(1) The management of the records of the declarations of honour referred to in Article 3, the information provided pursuant to Article 8 (2) (a) and (b) and the communication referred to in Article 8 (3) and (4) (hereinafter referred to as" the register ") shall be carried out by the Mandate and Immunity Committee of the relevant Chamber of Parliament, the Audit Committee of the County or City Council (hereinafter referred to as" the committee responsible "). For the purposes of this Act, the management shall mean the processing of personal data under the special legislation 2a).
2a) § 4 (e) of Act No. 101 / 2000 Coll., on the Protection of Personal Data, as amended. '
16. in Paragraph 8 (2), including footnote 2b:
"(2) Everyone has the right to free access to the register. The applicant for access to the register (" the applicant ') shall be granted this access:
(a) by a personal visit to the seat of the committee responsible on working days where the applicant, when making an application for access to the register (hereinafter referred to as the "application"), provides the staff of the committee responsible with his name and surname, the purpose of the application, the date of birth and the address of the permanent residence and other residence, and provides his identity card to verify the authenticity of the information. He is then allowed access to the register he can view, make copies and extracts of it. The extracts and copies shall not be authentic and shall not be verified by the committee responsible,
Applications which do not contain the required particulars shall not be taken into account.
2b) Paragraph 11 (1) of Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended by Act No. 226 / 2002 Coll., Act No. 517 / 2002 Coll. and Act No. 440 / 2004 Coll. '.
17. in Article 8 (3), (4) and (5), including footnote 2c:
"(3) Everyone shall have the right to communicate to the committee responsible any facts suggesting that the particulars in the register are incorrect or incomplete. A notification may be made either at the seat of the committee responsible or by a written declaration sent to the committee responsible by a registered mail with a delivery note or by a declaration in electronic form, sent via a public data network, bearing a valid guaranteed electronic signature based on a qualified certificate from the certification service provider in accordance with the specific legislation (2b).
(4) The notification referred to in paragraph 3 shall include the name and surname, date of birth and address of the notifier's permanent and other residence, otherwise not taken into account. Within 30 days, the committee responsible shall send a written reply to the notifier by registered mail with or in electronic form and shall inform the notifier of the actions it has taken in this matter (c).
(5) Data on applicants referred to in Articles 8 (2) (a) and (b) and all data contained in the communications referred to in Article 8 (3) and (4) shall be processed as part of the component of the register to which they relate.
2c) § 5 (1) (c) of Act No. 101 / 2000 Coll. '
18. Paragraph 8 (6) and (7) are deleted.
19. Article 9 (1) and (2) shall be deleted, including the title.
20. In Paragraph 10 (1), in the sentence, the first words "Parliament's Mandate and Immunity Committee 'are replaced by" the committee responsible'.
21. In Paragraph 10 (1), in the sentence, the second words "mandate and immunity" shall be replaced by "competent."
22. in Paragraph 10 (2), the words "Mandatory and Immunity" shall be replaced by the words "competent."
23. in Article 11 (1), the words "Mandatory and immune" shall be deleted;
24. In Article 11 (1), the words "Members or five senators' are replaced by the words" Members, five senators or three members of the county or city council '.
25. In Paragraph 11 (2), the first words "Mandate and Immunity" shall be deleted from the sentence.
26. In Article 11 (2), the following sentence is inserted after the fourth sentence: "If the initiative is directed against a member of the county or city council, the Management Committee of the county or city council shall be responsible."
27. in the last sentence of Article 11 (2), the words' Members or Senators' shall be replaced by 'Members, Senators or Members of the Councils of the Regions or Cities';
28. in Article 11 (3), the words "Mandate and Immunity" shall be deleted;
29. In the first sentence of Paragraph 11 (4), the words "Mandatory and Immunity" are deleted.
30. In the second and fourth sentences of Paragraph 11 (4), the words "Mandatory and Immunity" are replaced by the words "relevant."
31. in Article 11 (5), the words "mandated and immune" shall be replaced by "competent."
32. in Article 11 (6), the words "Mandatory and immune" shall be replaced by the words "competent."
33. In Article 11 (6), the words "Parliament, the President or the Mayor" shall be inserted after the words "President of the Chamber concerned."
34. In Paragraph 11 (6), the following sentence is inserted after the second sentence: "Where a decision contains a statement that a public official has acted in contravention of his or her honourable declaration or an affidavit, although he or she should have done so, a fine of up to CZK 30,000 may also be imposed on the public official by that decision."
35. in Paragraph 11 (6), the last sentence "This Decision is final" shall be replaced by "No appeal against this Decision."
36. in Article 11 (7), the words "Mandatory and Immunity" are replaced by the words "relevant."
37. Paragraph 11 (8) reads:
"(8) The President of the relevant chamber of Parliament, the President or Mayor at the next meeting of the relevant chamber of Parliament or of the county or city council shall make public the decision of the committee responsible in accordance with paragraph 6, together with its reasons. In the same way, they will declare that the complaint against a public official has been rejected. Where the decision of the committee responsible is taken by the President of the relevant chamber of Parliament, by the Member State or by the Mayor, the Vice-President of the relevant chamber of Parliament or by the Deputy Mayor or Deputy Mayor shall make a public statement. ';
38. In Article 11, the following paragraphs 9 and 10 are added:
"(9) The fines imposed by the Mandate and Immunity Committee of the Chamber of Deputies or the Senate Mandate and Immunity Committee shall be collected and enforced by the Financial Office for Prague 1. The collection and enforcement of fines shall be carried out in accordance with the Special Tax Administration Act; the revenue from these fines is the income of the State budget.
(10) The fines imposed by the Regional or Urban Audit Committee shall be collected and enforced by the relevant county or city. The collection and enforcement of fines shall be carried out in accordance with the Special Tax Administration Act; the proceeds from these fines are revenue from the budget of this region or city. ';
39. In Article 11, the following paragraph 11 is added:
"(11) Proceedings under this Act may be initiated within 2 years of the infringement of the obligation imposed by this Act. General principles of administrative procedure shall apply to proceedings, unless otherwise provided for in this law. ';
40. In Article 12, the words "Parliament's Mandate and Immunity Committee 'are replaced by the words" The committee responsible'.
41. The following Section 12b is inserted after Section 12a, including the title:
Transfers
(1) The transfer shall be committed by the person handling the data made available in contravention of the purpose set out in his application pursuant to points (a) and (b) of Article 8 (2) and for which the data were provided to him from the register.
(2) A fine of up to CZK 100,000 may be imposed for an offence.
(3) The transfers are discussed by the Data Protection Office. In determining the amount of the fine, the Office shall take into account the seriousness of the offence, in particular the manner and circumstances of its commission, the importance and extent of its consequences, the duration of the infringement and the fact whether and how the person responsible has agreed to eliminate or mitigate the harmful consequences of the infringement.
(4) Unless otherwise provided for in paragraph 3, the law on infringements and their proceedings shall apply. ';
42. The following Section 12c is inserted after Section 12b:
Unless otherwise provided for in this Act, Act No. 101 / 2000 Coll., on the Protection of Personal Data, as amended, shall apply. ';
43. PART THREE and PART FOUR are added after PART TWO, including the headings:
Amendment of the municipal council election law
Act No. 491 / 2001 Coll., on elections to municipal councils and amending certain laws, as amended by Act No. 230 / 2002 Coll. and Act No. 309 / 2002 Coll., is amended as follows:
1. In Article 5, the following paragraph 5 is added:
"(5) The function of a member of the council of the municipality, the city, the territorial division of the statutory city, the capital of Prague, the city district or the city part is incompatible with the function of the statutory body of the municipal contribution organisation, the persons authorised to act for the organisational component of the municipality and the officer of the municipal police. Incompatibility shall be given to the councils which established the relevant contribution organisation, organisational component or municipal police. ';
2. the comma and the words "4 and 5" shall be added after "2."
Amendment to the Regional Council Act
Act No. 130 / 2000 Coll., on Regional Councils, as amended by Act No. 273 / 2001 Coll., Act No. 37 / 2002 Coll., Act No. 230 / 2002 Coll. and Act No. 309 / 2002 Coll., is amended as follows:
1. In Article 5, the following paragraph 5 is added:
"(5) The function of a member of the regional council is incompatible with that of the Statutory Authority of the Regional Contributory Organisation and of the persons authorised to act as the regional organisational body. Incompatibility shall be given to the councils which have established the relevant contribution organisation or organisational component. ';
2. in Paragraph 48 (3) (a), the comma and the words "4 and 5" shall be added after the words "2."
1. Income and Gift Notice (§ 6) and Real Estate Notification (§ 7) shall be submitted by regional or urban councils for the first time in 2005 until the end of June 2006.
2. Notifications of activities (§ 5) shall be submitted by members of the representatives who were members of the relevant council on the date of the effective date of this Act, no later than 30 days after the date of entry into force of this Act.
This Law shall take effect on 1 March 2005, with the exception of point 16 (8) (2) (b), which shall take effect on 1 January 2006.
Zaoralek v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 96 / 2005 Coll., amending Act No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest and on the incompatibility of certain functions (Act on Conflict of Interest), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.2005 |
|---|---|
| Effective from | 01.03.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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