Law on Conflict of Interest

Regarding the field of conflict of interest there is the Act No. 159/2006 Coll., on conflict of interest as amended as a main legal regulation (hereinafter referred to as Act on Conflict of Interest).

Public officials

The Act on Conflict of Interest defines public officials for whom a range of obligations is stipulated particularly the obligation to prefer a public interest to a private one including ban on endangering the public interest. There are restrictions on certain activities of the public officials and incompatibility of their functions with other functions set out as well. It provides for an obligation to submit various notifications in the form of a statutory declaration which shall serve for findings on possible existence of conflict of interest to registration and control authorities. Under the above-mentioned notifications fall among others:

  • notification of personal interest,
  • notification of other activities carried out,
  • notification of property,
  • notification of incomes, donations and undertakings.

 

As far as CTU is concerned, the member of the CTU Council, head of section and head of department are considered public officials according to the Act on Conflict of Interest.

Central Register of Notifications

The body in charge of keeping records for public officials was CTU which kept the register for notifications in paper and as of 2008 in electronic version as well.

Amendment to the Act on Conflict of Interest No. 14/2007 Coll., effective as of 1 September 2017, set up the Central Register of Notifications (hereinafter referred to as Register) falling within competence of the Ministry of Justice. The Ministry of Justice as a central government body became the central body in charge of keeping records in the field of conflict of interest. All the notifications shall be made by the public official at the Ministry of Justice in electronic version in the form of data message with validated identity through the central register of notifications or public administration portal. CTU became a supporting body instead of the body in charge of keeping records.

Viewing the Central Register of Notifications

According to the Act on Conflict of Interest everyone has the right to view the notifications in the scope provided for in Section 14b paragraph 1 and 2 as of the first day after the period stipulated for making submissions by the public officials. The notifications of the public officials stated in Section 2 paragraph 2 can be viewed via the public data network (Internet) without any further prerequisites. The notifications of the public officials stated in Section 2 paragraph 2 of the Act on Conflict of Interest can be viewed by the public upon prior request addressed to the Ministry of Justice.

Application for viewing the Register of Notifications – conditions and ways of making submissions

The mandatory requirements regarding the application for viewing the Register are as regards private naturals – name/names respectively, surname, date of birth, permanent place of residence, address for service, and as regards legal entities- name of the company or name, company registration number, place of business and data regarding a private natural entitled to act on behalf of the legal entity and his/ her authorisation to do so. Moreover, the application shall include name/names respectively and surname of the public official, or the post of the public official and legal entity or its body or branch in which the public officials work.

The application can be submitted by means of:

-a postal service operator,

-an electronic address of the filing room of the body in charge of keeping records, or

-the data mailbox.

In accordance with the respective provisions of the Act No. 101/2000 Coll., on personal data protection and amendment to certain related acts, as amended (hereinafter “Act on personal data protection”), the application should also include a legal interest to justify the viewing the notifications of the public officials stated in Section 2 paragraph 2 of the Act on Conflict of Interest or purpose of further use of such personal data respectively, even though this is not the mandatory requirement for the application.

After verifying the application, the Ministry shall assign the applicant a login and password which will be delivered without delay, by 30 days at the latest after receiving the application, through the postal service operator by hand, through electronic mail or the applicant´s data mailbox. The login and password are valid for 6 months after the first use. Communicating the login and password for viewing the Register to a third person shall be prohibited.

Initiatives to examine the public officials

The right of the public to view the Register is connected to the right of everyone to notify the Ministry of Justice of the facts indicating false or incomplete information recorded in the Register. The Ministry of Justice has an obligation to inform the person submitting the notification by 30 days after receiving such a notification on what a follow-up has been given to the notification.

Supporting body

The Czech Telecommunication office as a supporting body shall identify and note down the public officials falling into its competence (specifically, by 15 days at the latest from the date of taking-up or terminating a public post CTU shall note down the information into the Central Register of Notification).

 

Until 22 September 2022 the supporting body has been having an obligation to keep the notifications and applications for viewing the Register which were submitted till 31 August 2017. They are not uploaded into the Central Register. Keeping records and the notifications is carried out only for the applications for viewing the Register. The supporting body shall refer the notifications to the Ministry of Justice which allows the viewing to the applicant. The supporting body shall not carry out a control function and shall not deal with the applications or initiatives to examine the public officials directly- these are referred to the Ministry of Justice as a competent authority.

 

Further information regarding the format and functionality of the Register and role of the Ministry of Justice can be found on the Ministry of Justice´s websites.  

 

The Central Register can be found on  https://cro.justice.cz/

 

Contact for the the body in charge of keeping records:

Ministry of Justice of the Czech Republic
Vyšehradská 16
128 10 Praha 2

telephone: +420 221 997 111
data mailbox: kq4aawz
e-mail: OSZ@msp.justice.cz 

Contact for the supporting body:

Czech Telecommunication Office
Personnel Department
poštovní přihrádka 02
225 02 Praha 025

telefon: +420 224 004 771
data mailbox: a9qaats
e-mail: 601@ctu.cz

 

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