303/2002 Sb.
The DECREE
The Ministry of Justice
of 20 December. June 2002
on the selection, recruitment and training of judicial and legal trainees and
of a professional judicial examination and the final examination of the legal support
the waiting
Change: 172/2003 Coll.
Change: 188/2007 Sb.
The Ministry of Justice establishes, pursuant to § 109 paragraph. 2, § 111 paragraph. 3 and
§ 114, paragraph. 4 of law No. 6/2002 Coll., on courts, judges, assessors and
the State administration of courts and amending some other acts (law on courts
and judges), and according to § 40 paragraph. 1 (a). (c)), and (d)) of Act No. 283/1993 Coll.,
the Prosecutor's Office, as amended:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
This decree governs the selection and adoption of judicial trainees ^ 1) and
legal trainees ^ 2) (hereinafter referred to as "candidate"), the preparatory service of judicial
waiting and čekatelskou practice legal trainees (hereinafter referred to as "the preparatory
Service ") and the implementation of a professional judicial examination and professional final
tests legal trainees (hereinafter referred to as the "exam").
PART THE SECOND
THE SELECTION AND RECRUITMENT OF TRAINEES
§ 2
Publication and the phase of the selection procedure to the preparatory service
(1) tender to the preparatory service (hereinafter referred to as the "tender")
the President Announces the regional court or the District Attorney after ^ 3)
consultation with the Ministry of Justice (hereinafter referred to as "the Ministry")
According to the needs of the cast vacancies waiting.
(2) a tender shall be designated by means of newspapers, on
the Ministry's website and posting it on the official Board of all
regional and district courts and the County and district
the Prosecutor's Office. Invitations to tender in the daily press must
contain the term for the submission of applications to participate in the selection proceedings
(hereinafter referred to as "application"), the designation of a regional court or the regional
the Prosecutor's Office, for which the circuit is tender
declared, and a reference to the possibility to get acquainted with the detailed information about the
conditions of participation in the selection procedure and its progress. Detailed
information about the tender must include a model of the application. Selective
the procedure must be published at least two months before the deadline laid down by the
for the submission of applications.
(3) the selection procedure includes an assessment of the application, a written test, interview
before the Commission of the competent regional court or the competent regional
the Prosecutor's Office (hereinafter referred to as "job interview"), and
psycho-diagnostic examinations (hereinafter "the examination").
(4) the Applicant for admission to the preparatory service (hereinafter "the applicant") has the right to
to be informed about the criteria of evaluation and the results achieved in the
the various stages of the selection procedure. The details of the examination is
authorised to communicate to candidates on request, outside the framework of the tender
only the one who carried out the examination.
(5) If a candidate for serious reasons cannot take part in some of the stages
the tender and did not participate in writing the apology, he established
spare date for its completion.
(6) the applicant shall without reasonable excuse fails some of the stages
the selection procedure, the President of the regional court or the competent
regional State Prosecutor from the competition. Written notice of the
disposal shall be forwarded to the applicant.
§ 3
Application
(1) the Applicant shall, in the application of the term specified in the notice of
the selection procedure to the regional court, or to the regional public prosecutor
Attorney's Office in whose district the interest to carry out preparatory service.
The application form and detailed information on the selection procedure, applicants shall provide to the
the request of the Judicial Academy of the Ministry, or any regional
or County Court or of the county or district public prosecutor's Office.
(2) the application shall contain the candidate joins the certified copy of the document of
achieve the desired higher legal education, "^ 4)
where appropriate, for obtaining the academic title and achieve scientific or
scientific-pedagogical ranks, the Declaration of language knowledge
CV, certificate of health, extract from the register Index
punishments not earlier than two months and the other conditions laid down in the specific
legislation. ^ 5)
(3) the President of the regional court or the County Prosecutor will assess the
the completeness of the application and the documents which the applicant is obliged with the application
submit. If the applicant fails to submit a duly completed application form or
If you do not submit all the required documents, even after the challenge and within the time limit
set for their replenishment, the President of the District Court or a regional
State representative candidates from participation in the competition.
§ 4
Written test
(1) the written test to verify the basic professional knowledge and assumptions
applicants for admission to the preparatory service on the basis of a single methodology,
prepared by the Judicial Academy and approved by the Ministry, including
How to evaluate the results of the written test.
(2) successfully completed the written test is a requirement for additional participation
candidates in the selection process.
(3) the applicant in written test failed, the President of the regional
the Court or the District Attorney of the tender discards; written
the announcement about the candidates.
§ 5
Job interview
(1) the Applicant shall be subject to interview, whose aim is the total
evaluation of the applicant's assumptions for admission to the preparatory service.
The interview done by the Commission, composed of judges or State
representatives operating in the circuit of the competent regional court or
the competent district public prosecutor's Office. The Chairman and the members of the Commission
shall be appointed by the President of the regional court or the regional public prosecutor, so that the
the Commission should have an odd number of members. Participating in the Council of interview
Judicial Academy of the authorized representative of the Judicial Academy (hereinafter referred to as
"a representative of the Judicial Academy"), at the conclusion of the interview
in writing to its outcome.
(2) the content of the interview and the criteria for its assessment provides
the President of the regional court or the district attorney on the basis of the
the methodology prepared by the Judicial Academy, and approved by the Ministry.
(3) the part of the interview is the expected destination district
of the Court or of the District Public Prosecutor's Office, which will be the candidate
to carry out the preparatory service.
(4) the result of the interview will assess the degree of "proposes to
the adoption of ", or" does not propose to adoption ".
(5) the Commission shall submit the result of the interview along with a brief
the overall evaluation and its reasoning and written expression
a representative of the Judicial Academy to the President of the regional court or the regional
the State Prosecutor.
(6) the Applications of candidates who were assessed at the interview
the degree of "it is proposed for adoption", the regional President shall send forthwith
the Court or the District Attorney, along with attached documents
vocational psychological work (section 6 (3)) for the implementation of
examination of the applicant.
(7) the Candidates for the interview assessed the degree of "does not propose to
"the President of the regional court or the District Attorney of the
the selection procedure. Written notification of decommissioning shall be forwarded
candidates.
Examination of the
§ 6
(1) the aim of the examination is the assessment of the property and other personal
the assumptions of the tenderer for the execution of a function of a judge or a State function
Representative (hereinafter referred to as "moral competence"); requirements for personal
the eligibility of the applicants, taking into account the Ministry determines the knowledge
obtained from the Judicial Academy, the courts and the public prosecutor's Office.
The result of the examination is one of the bases for the admission of applicants to the
Preparatory service.
(2) the Examination provides the President of the regional court or provincial State
representative.
(3) the Examination carried out by the professional psychological selection of workplace, which
carried out by the Ministry.
(4) the result of the examination of the applicant shall be assessed by the degree of "recommended",
"it is recommended with the subject" and "not recommended".
section 7 of the
the title launched
(1) a workplace Expert psychological results shall be sent without delay to the
examination, together with the application form and the attached documents to the competent
the President of the regional court or the competent district public prosecutor
to the next steps.
(2) in order to determine more detailed information on the outcome of the examination
the Tenderer shall request the President of the regional court or the competent
the regional public prosecutor about the representation of professional psychological Department,
the examination carried out by the applicant.
(3) for more detailed information on the outcome of the examination of the applicant's professional
the psychological Department shall be authorized to communicate only on the basis of the previous
written consent of the applicant, the examination, and it is in the range
the applicant in the written consent specified; It is necessary to ensure consistent
protection of personal data in accordance with special legislation ^ 5a).
§ 8
Adoption applicants to preparatory service
(1) the tenderer accepts in preparatory service, the competent Chairman of the regional
the Court or the competent district public prosecutor, taking account of the
the results of the previous stages of the selection procedure and to the expression of a shortcut
The Judicial Academy in a job interview (§ 5 paragraph 1 and 5); in the case of
recruiting will determine whether or not the place of the performance of preparatory service. The adoption or
non-imposition of candidates to the President of the regional court of preparatory service or
the regional public prosecutor is final and you cannot appeal against him
resource.
(2) the written notification of acceptance or non-acceptance to the preparatory service shall
candidates deliver. If the only reason for not taking the applicant's lack of
free functional locations, this circumstance shall be in a written notice of
not taking the preparatory service. In the event that there is no adoption of
candidates in preparatory service, together with the delivery of the notification to applicants
Returns whether the application and the attached documents.
(3) the President of the regional court or the county attorney shall forward without
undue delay waiting list adopted by the Ministry and Judicial
the Academy.
§ 8a
cancelled
PART THE THIRD
CONTENT AND ORGANISATION OF PREPARATORY SERVICE
§ 9
(1) the progress of the preparatory service shall be governed by the material and the timetable of the preparatory
Services (hereinafter referred to as "the preparatory service plan").
(2) a plan of preparatory service shall be so aimed that the training
or for the performance of the functions of a judge or Prosecutor to serve
in particular, the
and deepen expertise) or of the substantive and procedural law,
(b) develop the ability to apply) or in specific legislation
things,
(c)) to obtain the knowledge of individual agenda led by the courts or State
prosecutors ' offices and on their performance,
d) acquisition of procedural and habits necessary for performance of the functions of the
the judge or public prosecutor,
e) familiarity with ethical principles applicable to the exercise of the functions of the
the judge and the Prosecutor.
§ 10
(1) Preparatory Service carries out mainly in the district courts, the district
Public Prosecutor's Office, the regional courts and regional government
the Prosecutor's Office.
(2) on the basis of the agreement with the supernumerary ^ 7) and with the competent authorities, or
persons may be in accordance with the schedule of the preparatory part of the preparatory service
services carried out in the High Court, Supreme Court, Supreme
the Administrative Court, the Supreme Public Prosecutor's Office and the Supreme State
the Prosecutor's Office, where appropriate, in the case of the lawyer, notary, bailiff,
Criminal police and investigation service of the police of the Czech Republic,
financial or land or any other administrative authority.
(3) in accordance with the plan of preparatory service shall exercise expectant preparatory
service gradually for at least 24 months at the District Court or the
the District Public Prosecutor's Office, for a period of 6 months at the District Court
or the regional public prosecutor's Office and, as appropriate, for a maximum period of
6 months in the case of the other institutions. The President of the regional court or provincial State
a representative of the security plan as necessary preparatory service
lengthen or shorten the period of preparatory service performance at the regional court
or the regional public prosecutor's Office, but not for more than two months.
The minimum length of the preparatory service in the District Court or district
the Prosecutor's Office shall not be affected by this measure.
(4) in the case of deduction of the period of performance of a previous legal work ^ 8)
with time, the performance of preparatory service pursuant to paragraph 3 shall adjust in proportion to the shortening of the
the total period of preparatory service.
(5) part of the preparatory service are adaptation courses, seminars and
the lecture, organised by the Judicial Academy, and concentration and exercise,
organized by the regional courts and the regional public prosecutor's offices.
Adaptation course is aimed at acquainting the trainee with the course of the preparatory
services and the basic legislation governing the activities of courts and
State Prosecutor's Office. Adaptation course organized by the Judicial Academy
occurs in the first six months of preparatory service.
§ 11
Advisory Council for the education of trainees
(1) the progress of the preparatory service shall coordinate and oversee results
Advisory Council for the education of trainees (hereinafter referred to as "Advisory Board") in
cooperation with the Judicial Academy.
(2) Advisory Council is an advisory body of the President of the regional court or the
the regional public prosecutor. It has three to five members appointed with their
the agreement for three years of the judges in the Circuit Court of the district
the President of the District Court or of the prosecutors involved in the circuit
the regional public prosecutor's Office and the regional public prosecutor. The Advisory
the choir meets as needed, at least once every half a year.
(3) the Advisory Board shall draw up after the end of the first and second year of preparatory
the services proposal for guest line. After the completion of preparatory service shall draw up
Advisory Board proposal for the final evaluation of the trainee. A draft of the final
the guest shall be attached to the application for the authorization to perform professional trainee
exam.
(4) the Advisory Board recommends the trainee study stays abroad
organised by the Judicial Academy.
§ 12
Trainers
(1) the progress of the preparatory service and its level of support and provide following
teaching the determination of trainers. Trainers lead the trainee to
to have mastered the principles of professional ethics.
(2) a supervisor shall be appointed by the President of the regional court or provincial State
the representative of the most experienced judges and prosecutors, who have
prerequisites to education of trainees, in the framework of the preparatory process of the plan
the service. For part of the preparatory service carried out under section 10, paragraph 1. 2 is the
determination of the part of the supervisor's agreement with the competent authority or a person.
(3) appropriate conditions for work with aspirant create trainers
the Presidents of regional courts, in cooperation with the Presidents of the district courts and
regional prosecutors in cooperation with district prosecutors.
(4) the supervisor of records into personal data on-the-spot selected worksheet
the performance of preparatory service, its time and material progress, evaluation,
barriers to work and leaves of absence in the work of the trainee. Personal
sheet line exposes the County Court or County Government
the Prosecutor's Office.
section 13
Candidates
(1) the Candidate shall follow the instructions of the President of the Court or the head of the State
the representative and the designated supervisor, performs the tasks entrusted to them under the conditions and in the
the extent provided for in a special law ^ 8a), participating in the plan
Preparatory service specified educational actions, and complements and
deepening your professional knowledge of the self-contained Studio.
(2) the Candidate is entitled to express his personal records in a worksheet
and to the content and quality of training events organised within the framework of the preparatory
the service.
(3) After the composition of a professional judicial examination shall exercise judicial candidate,
whose employment has been changed to the employment relationship of indefinite duration,
tasks conferred on the Court under special legislation a higher court
official ^ 8b).
(4) after passing the final exam, the candidate shall be exercised by the legal
working ratio was changed to employment for an indefinite period, operations
the Prosecutor's Office under a special legal regulation ^ 8 c).
PART THE FOURTH
PROFESSIONAL EXAM
§ 14
(1) the members of the Commission from the test ^ 9) the Minister of Justice shall appoint its
the President of the. The Chairman of the examination Board shall be the judge in the case of professional
judicial exam, or the Prosecutor, if the professional final
legal trainee exam.
(2) the President of the trial Commission manages the progress of the expert examination and shall ensure that its
Professional level.
(3) the examination Board is a quorum in the presence of all its members
and decides by an absolute majority of votes.
(4) exam is public.
§ 15
(1) in the written examination shall draw up support:
and judicial candidate one) decision in the matter of criminal, one decision
in the case of a civil or commercial and one decision in a case
administrative justice,
(b)) other legal candidate for impeachment, or design decision in a criminal case
or design or other submission in a civil case, in which it is authorised to
Act on the prosecution, and the appeal against the decision of the Court
in the first instance.
(2) the Candidate is obliged to draw up a proposal for a decision or the submission by the
paragraph 1 separately. As AIDS is entitled to in the course of the written
the tests use collections of legal and other regulations, judicial or
other decisions and legal literature journals or book.
Violation of the obligation to work alone is the reason for the exclusion of the trainee
of the test; about immediately decides to test the Commission.
(3) a task that is the subject of the written part of the exam, the candidate of the Board's
of pre-established award.
(4) the duration of the written part of the professional examination must not exceed six
hours. After this time, the candidate is required to submit a written work
the person doing surveillance, and even if it is not completed.
section 16 of the
(1) the introduction of the oral test assess the trial support
the Commission, the written work of the trainee.
(2) in the oral part of the exam are professional knowledge or
and constitutional law) and of the Organization of the courts and the public prosecutor's Office,
(b)) of the civil law to the substantive and procedural
(c)) of the labour law and social security law
(d)) of the family law,
(e)) of the criminal law to the substantive and procedural
(f)) of commercial law,
(g)) of administrative justice and administrative law and process,
(h) the notarial regulations) and the enforcement of the order,
I) necessitated the courts and public prosecutor's Office and of their
home and Office systems.
(3) in the oral test training for trainee detects whether or not a basic
knowledge of the law of the European communities and the European Union, and the orientation of the
the basic sources of international law.
(4) in the oral part of the professional examination shall take into account also the overall orientation
trainee in law and in internal and Office regulations for the district and
regional courts or the Office of the public prosecutor in order to
ability to apply and interpret the selected legislation and
also to its verbal expression.
(5) the Equipment under section 15(2). 2 can a trainee in the oral tests
use only with the consent of the Chairman of the examination Committee.
(6) the Ministry issued a list of rules, of which knowledge is oral
part of the vocational test required, and with the resolution of the regulations, for which the
detailed knowledge is required, and for which sufficient knowledge of the
the General.
(7) the duration of the oral test training each trainee must not
exceed two hours.
§ 17
(1) the result of the test shall be assessed by the degree of support "very well qualified"
"eligible" and "incompetent". On the evaluation of the test when the Commission decides
non-public consultation by a vote. The vote first on whether the candidate is
eligible or ineligible, for trainees who were recognised as
eligible, then the guest "very well qualified". The decision of the trial
the Commission is final.
(2) A candidate shall be deemed unfit is always, who refused to support
the test to be done from the test in its course without serious reasons
resigned or was in the course of the written part of the exam be excluded or
without a proper apology to the exam.
(3) the result of the test shall notify the Chairman of the technical Commission test aspirant
immediately after the completion of the consultation referred to in paragraph 1. A written copy
the decision on the outcome of the test, the aspirant.
(4) the Chairman shall draw up a course of vocational test test the Commission into
one week from the end of the oral part of the exam Protocol, which
shall be signed by all members of the Evaluation Commission; the Protocol shall transmit to the President of the
the examination Committee within three days from the date of its copy to the Ministry.
section 18
In the evaluation of the Professional exams graded "incompetent" test, the Commission also
shall decide whether and to what extent the candidate at repeat tests
obliged to repeat the written part.
PART THE FIFTH
TRANSITIONAL PROVISIONS
§ 19
(1) the Čekatelům, who already did part of the preparatory service in the
proportion to the Ministry according to the existing regulations and which arises on the day
following the end of their employment to the Ministry of
employment agreed for another performance of the preparatory service to regional
the Court or the regional public prosecutor's Office, to be reallocated current time
the duration of the employment relationship and the performance of preparatory service on the date of the conclusion of the
of the employment contract.
(2) the period referred to in section 2 (2). 2 does not apply to the first publication of the selection
proceedings after the date of entry into force of this order.
(3) in the written tests held in 31 professional. December 2002
draw up:
and judicial candidate one) decision in the matter of criminal and one decision
in the case of a civil or commercial,
(b) the prosecution and legal candidate) appeal against the decision of the Court of first
the degree.
PART SIX
The EFFECTIVENESS of the
section 20
This Decree shall take effect on the date of publication.
Minister:
JUDr. Bures in r.
Selected provisions of the novel
Article II of law no 172/2003 Coll.
The transitional provisions of the
Candidates who have taken part in the tender launched in 2002
and they were not admitted to preparatory service of judicial trainees, or to
čekatelské practice legal trainees for the lack of free functional
places, although in the interview were assessed the degree of "proposed
to the adoption of ", can submit a request for the interview at the
the regional court or the regional public prosecutor's Office in the first
tender after the date of entry into force of this order, and
the deadline for the filing of the application in this selection process.
Psycho-diagnostic examination in this case does not repeat.
1) § 109 et seq.. Act No. 6/2002 Coll., on courts, judges, assessors
and the State administration of courts and amending certain other laws (the law on the
courts and judges).
2) section 33 and 34 of the Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by
amended.
§ 8 paragraph 3). 1 (a). (c)) of the Act No. 283/1993 Coll.
section 60, paragraph 4). 3, § 111 paragraph. 2 and section 180 of Act No. 6/2002 Sb.
§ 17 paragraph. 1 and § 33 paragraph. 4 of Act No. 283/1993 Coll.
Article. (III) point 1 of the Act No. 14/2002 Coll., amending Act No. 283/1993
Coll., on the public prosecutor's Office, in the wording of later regulations, and Act No.
201/1997 Coll., on salary and some other aspects of the State
representatives and amending and supplementing Act No. 143/1992 Coll., on salary and remuneration
for stand-by duty in budgetary and certain other
organisations and bodies, as amended by later regulations, as amended by law
No 155/2000
5) Act No. 451/1991 Coll., laying down some other assumptions
for the performance of certain functions in State bodies and organizations of the Czech and
Slovak Federal Republic, the Czech Republic and the Slovak Republic,
in the wording of later regulations.
5A) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
§ 126, paragraph 6). 1 (a). f) of Act No. 6/2002 Sb.
§ 13 g of paragraph 1. 1 (a). h) of the Act No. 283/1993 Coll.
section 38, paragraph 7). 4 of the labour code.
section 2 of the regulation of the Government No. 108/1994 Coll., implementing the labour code and
some other laws.
§ 110, paragraph 8). 3 and 4 of Act No. 6/2002 Sb.
§ 33 paragraph. 2 of the Act No. 283/1993 Coll.
8A) § 113 paragraph. 1 of the law on courts and judges.
section 6 of Decree No. 37/1992 Coll., on rules of procedure for the district and County
the courts, in the wording of later regulations.
§ 33 paragraph. 7 of the law on the State Prosecutor's Office.
section 11 of the Decree No. 23/1994 Coll., on the public prosecutor's Office's rules of procedure,
the establishment of branches of some of the public prosecutor's Office and the details of the
operations carried out by aspirant, as amended.
8B) § 116 of the law on courts and judges.
Law No. 189/1994 Coll., on higher judicial officials, in the text of the
amended.
8 c) § 34 paragraph. 7 of the law on the State Prosecutor's Office.
section 11 of the Decree No. 23/1994 Coll., as amended.
§ 114, paragraph 9). 2 of Act No. 6/2002 Sb.
§ 34 paragraph. 2 of the Act No. 283/1993 Coll.
