Official Bulletin

23. 10. 2013 11:58

Information published according to Act No. 106/1999 Coll., on Free Access to Information

According to § 5 of the Act No. 106/1999 Coll., on Free Access to Information, the Ethics Commission is obliged to publish this information.

The Czech Republic’s Ethics Commission for Recognition of Participants in Anti-Communist Opposition and Resistance (hereinafter “Ethics Commission) is an independent administrative body, which was established by the Act No. 262/2011 Coll. on the Participants in Anti-Communist Opposition and Resistance (§ 7 par.1) (hereinafter only “Act No. 262/2011 Coll.”) and decides on appeals against the decisions by the Ministry of Defence of the Czech Republic on the awarding of the Member Certificate of the Anti-Communist Resistance and Opposition and on appeals against the decision to revoke this Certificate.

The Ethics Commission comprises of nine members. The Chamber of Deputies of the Czech Parliament, Senate of the Czech Parliament, Czech Government and the Council of the Institute for the Study of Totalitarian Regimes elect and recall two members each. One member is appointed and recalled by the President of the Czech Republic. The Chair of the Ethics Commission is elected and recalled by the government from the members elected by the government.

The members of the Ethics Commission are elected for a five-year term. Nobody can be elected for more than two consecutive terms.

The authority of the Ethics Commission is regulated by the provision § 7 of the Act No. 262/2011 Coll., on the Participants in Anti-Communist Opposition and Resistance.

1. Reason and method of establishment of the obligatory subject, including conditions and principles of its functioning:
The Ethics Commission is established by the Act No. 262/2011 Coll.

The reason for its establishment is the need to establish an independent administrative body that decides on appeals against the decisions by the Ministry of Defence of the Czech Republic on the awarding of the Member Certificate of the Anti-Communist Resistance and Opposition and on appeals against the decision to revoke this Certificate.

Conditions and principles of its functioning are regulated by the Act No. 262/2011 Coll., the Administrative Procedure Code and other related Acts.

2. The description of the organization chart, place and method how to obtain relevant information, where it is possible to file a request or complaint, submit proposal, motion or other request or receive decision on the rights and obligations of persons:

The Ethics Commission comprises of nine members led by the Chair of the Ethics Commission who is elected and recalled by the government from the members elected by the government.

Information about the functioning of the Ethics Commission can be obtained at the Commission’s official bulletin, which is located in the building of the Office of the Government at the address nábřeží Edvarda Beneše 4, 118 01 Praha 1 – Malá Strana, and on the website www.etickakomisecr.cz and the website of the Office of the Government in the section Advisory, Working and Other Bodies, the function of which is ensured by the Office of the Government.

There are three possibilities to file a request or complaint, submit proposal, motion or other request or receive decision on the rights and obligations of persons:

a. In written form at the address: nábřeží Edvarda Beneše 4, 118 01 Praha 1 – Malá Strana (must be specified that it is submitted to the Ethics Commission);

b. In an electronic form via the data storage of the Ethics Commission: 3kfc3xg or via the electronic registry of the Office of the Government at the address: edesk@vlada.cz;

c. Personally at the address: nábřeží Edvarda Beneše 4, 118 01 Praha 1 – Malá Strana

3. Place, time and method to file an appeal against the decision of the obligatory subject on the rights and obligations of persons, including the explicit listing of requirements that are placed on the applicant in this case, as well as the description of processes and rules, which must be observed during these activities and the designation of the appropriate form and the place and method how to obtain this form:

According to § 91 par. 1 of the Code of Administrative Procedure it is not possible to further appeal against the decision of the Ethics Commission.

Filing a request for renewal of proceedings, which were ended by the appeal decision of the Ethics Commission is possible at the Ethics Commission via methods specified in point 2. The request will be assessed according to § 100 and following of the Code of Administrative Procedure.

4. The procedure the obligatory subject must observe when dealing with all applications, proposals and other requests, including relevant time periods, which must be observed:

The Ethics Commission in its decision making abides apart from the constitutional rules by Act No. 262/2011 Coll., the Code of Administrative Procedure and other related Acts.

5. The list of the most important regulations, according to which the obligatory subject acts and makes decisions, which stipulate the right to request information and the obligation to provide information and which regulate other rights of citizens in relation to the obligatory subject, including the information where and when these regulations are available for reference:

The Ethics Commission in its decision making abides apart from the constitutional rules by Act No. 262/2011 Coll., the Code of Administrative Procedure and other related Acts. Act No. 262/2011 Coll.

The Government Resolution No. 332/2012 on the Material Support of the Activities of the Czech Republic’s Ethics Commission for Recognition of Participants in Anti-Communist Opposition and Resistance.

The Rules of Procedure of the Ethics Commission for Recognition of Participants in Anti-Communist Opposition and Resistance.

In case of providing information the Ethics Commission abides by the Act No. 106/1999 Coll., on Free Access to Information.

6. Schedule of charges for providing information:

The Ethics Commission provides free information regarding its activities according to the Act No. 106/1999 Coll., on Free Access to Information.

7. The annual report for the previous calendar year in the activities in the field of providing information:

The Ethics Commission begun its operation at its first meeting on 11th June 2012 and its first annual report will be published at this website in the last quarter of 2012.

8. Exclusive licenses provided according to § 14a par. 4 of the Act No. 106/1999 Coll., on Free Access to Information:

The Ethics Commission did not provide any exclusive license.

9. The resolution of a superior body regarding the amount of remuneration according to § 16a par. 7:

As the Ethics Commission provides free information, no such regulation has been issued.

10. Electronic address of the Ethics Commission filing office:

edesk@vlada.cz.

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