267/2003 Sb.
DECREE
of 5 April 2004. August 2003,
amending Decree No. 197/1996 Coll. issuing the examination regulations
for the bar exam and uznávací test (bar exam), in
amended by Decree No. 245/1999 Coll.
The Ministry of Justice shall, after prior approval of the United
the bar association under § 52 para. 1 of the law No. 85/1996 Coll. on advocacy,
as amended by Act No. 228/2002 Coll.:
Article. (I)
Decree 197/1996 Coll. issuing the examination regulations for the law
tests and uznávací tests (the bar examination regulations), as amended by Decree
No. 245/1999 Coll., is amended as follows:
1. in article 2, the following paragraph 3 is added:
"(3) in the oral part of the exam is for candidates figuring out 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. ".
2. paragraph 3 reads:
"§ 3
The test is held before the Senate designated pětičlenným of the members of the test
the Commission for the bar exam, proficiency tests and uznávací tests
(hereinafter referred to as "the Committee"); the Senate is chaired by the member specified for the scope
referred to in § 1 (1). 1 (b). e).".
3. In section 4, paragraph 4. 1, the words "in § 5 para. 1 (b). (c)) of the Act "are replaced by
the words "in paragraph 5 (b). (c)) of the Act ", and the words" in article 7 (2). 3 the second sentence of the law "
are replaced by the words "in article 7 (2). 4 second sentence of the law ".
4. In section 4, paragraph 4. 2 the words "in § 5 para. 1 (b). and) to d) of the Act "
replaced by the words "in paragraph 5 (b). and) to d) of the Act ".
5. In paragraph 9, the words "pursuant to § 7 para. 2 of the Act "shall be replaced by" pursuant to § 7
paragraph. 3 of the law ".
6. in the first part of the second part shall be inserted, which including the title reads as follows:
"PART TWO
THE APTITUDE TEST
§ 11a
(1) an aptitude test executes a candidate in four compulsory subjects and
in one of the four optional disciplines of their choice.
(2) Mandatory fields are:
and constitutional law),
(b)), civil law,
c) criminal law,
(d)) the rules governing the provision of legal services.
(3) Optional scopes are:
and administrative law),
(b)), commercial law,
c) family law,
(d)) and labour law.
section 11b
(1) an aptitude test consists of a written part and an oral part.
(2) the written part of the aptitude test will be held in one day, and that of the
the compulsory subjects referred to in section 11a. 1 (b). (b)), and (c)) and of the optional
the scope that the candidate chosen ("selected"). Written part
the test takes the form of a written test.
(3) the oral part of the aptitude test will be held in one day with an interval of
at least one and not more than two weeks after the end of the written part of the test,
and it's made all the required disciplines and of the chosen field.
§ 11 c
The aptitude test will be held in front of the pětičlenným the Senate designated from
the members of the examination Committee; the Senate is chaired by the member specified for the scope provided for in §
11A. 2 (a). (d)).
§ 11 d
An application for the aptitude test has the Chamber; part of the
the application is a designation chosen field, as well as documents proving the
that the applicant satisfies the conditions referred to in § 5 c (a). and the law, and that has paid)
the fee for the test laid down by the Chamber pursuant to § 7 para. 1 of the law.
section 11e
(1) the overall result of an aptitude test assesses the Senate prospěchovými
the degree of "aptitude test he passed deliciously", "aptitude test
He composed "or" aptitude test exam ".
(2) the evaluation of the overall results of the test referred to in paragraph 1 shall take account of
the Senate, in particular, whether the applicant rating in various fields
indicative of his practical readiness to practice.
section 11f
The candidates, who was on the proficiency tests evaluated prospěchovým
grade of "excellent" passed the aptitude test or the "test
competence, shall issue composed "the President of the Senate immediately after notification
the result of the test certificate of aptitude test; certificate
signed by the Chairman of the Senate.
§ 11 g
The provisions of § 1 (1). 2, section 5, section 6 (1). 2 to 6, § 7, § 8 para. 1 and 2 sentences
second to fourth. 3-5, section 9 and 10 will be used for the test
competence reasonably. ".
The existing parts of the second and third are referred to as part of the third and fourth.
7. in section 12, in the introductory part of the text the words "exam consists Uznávací"
replaced by "Uznávací test performs a candidate".
8. in section 13 paragraph 1 reads:
"section 13
(1) Uznávací the test is held in front of the three-membered by the Senate designated from
the members of the examination Committee; the Senate is chaired by the Member that is designed for the
referred to in section 12 (b). a).".
9. in § 14 para. 2 the words "in § 5 para. 1 (b). and) and d) to (g)) and paragraph 5 of the
paragraph. 2 (a). and) of the Act "shall be replaced by the words" in paragraph 5 (b). and) and d) to (g)), and in
Section 5a paragraph 2. 1 (b). and the law "). 10. in paragraph 15, the words "Trial Chamber"
shall be replaced by the word "Senate".
11. section 4 reads as follows:
"section 16 of the
The candidates, who was in the uznávací tests evaluated the degree of prospěchovým
"uznávací test", the President of the Chamber shall issue immediately after the
notification of the result of the test certificate of the composition of the uznávací test;
the certificate shall be signed by the President of the Senate. ".
12. In paragraph 18, the words "and the trial Chamber" shall be deleted.
13. under section 18 shall be added to § 18a is inserted:
"§ 18a
Exams in accordance with this Decree, announced by the President of the examination Commission
in the journal of the Czech Bar Association and Chamber of commerce page on the network
Internet. ".
14. in section 19 para. 1 the words "law and recognition tests"
replaced by the words "of the tests in accordance with this Ordinance".
Article II
This Decree shall take effect on the date of the Treaty of accession of the Czech
Republic to the European Union in force, with the exception of article. I, points 1, 7, 8, 10
up to 14, which shall take effect on the date of its publication.
Minister:
PhDr. In r.