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To Change The Order, Which Is Issued To The Bar Exam

Original Language Title: změna vyhlášky, kterou se vydává advokátní zkušební řád

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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.