Czech Civil Service Exam flashcards
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31 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Constitutional order
- The Constitution, the Charter of Fundamental Rights and other constitutional laws listed in art. 112 of the Constitution; these are hierarchically superior to statutes and directly binding on all state bodies.
- Article 10 of the Constitution
- Ratified and promulgated international treaties on human rights and fundamental freedoms bind the Czech Republic directly and prevail over statute; the Constitutional Court may annul conflicting statutes.
- Chamber of Deputies
- The lower chamber of Parliament with 200 members elected for four years by proportional representation; it passes votes of confidence in the Government by an absolute majority of all members.
- Senate composition
- The upper chamber with 81 senators elected in single-member districts by two-round majority for six years, with one third renewed every two years; it consents to Constitutional Court judges and may prosecute the President for treason.
- Independent municipal competence
- The sphere in which a municipality manages its own affairs under its own authority; state supervision is limited to legality, and a municipality is not bound by directives of superior administrative bodies in this sphere.
- Delegated competence
- The sphere in which a municipality or region performs state administration on the basis of a statute; it is bound by directives of superior bodies and subject to hierarchical and state supervision.
- State Service Act
- Act No. 234/2014 Sb., on State Service, which governs the service relationship of officials in administrative offices, including appointment, duties, remuneration, discipline and termination of service.
- Service oath
- The oath taken by an official on appointment, promising loyalty to the Czech Republic, observance of the Constitution and statutes, and performance of service impartially and in the public interest.
- Confidentiality obligation
- The official's duty to maintain confidentiality about facts learned in connection with service; the duty continues after the end of the service relationship and may be released only by the service authority.
- Decision requirements
- An administrative decision must contain the operative part, reasoning and instructions on remedies; missing instructions may extend the appeal period and constitute a procedural defect reviewable by a court.
- Appeal period
- An appeal against an administrative decision must be filed within 15 days of its notification with the administrative body that issued it; the appeal is decided by the superior body.
- Administrative action deadline
- An action against an administrative decision must be filed with a regional court within two months of notification of the decision; the defendant is the administrative body that issued it.
- Cassation complaint
- An extraordinary remedy filed with the Supreme Administrative Court within two weeks of notification of a regional court judgment, admissible only on statutory grounds such as illegality or procedural defect.
- Void legal act
- A legal act that is contrary to good morals or to a statute protecting the weaker party, or that is impossible or indeterminate; it is treated as if it had never been made.
- Probationary period
- A period agreed in the employment contract during which either party may terminate the relationship without stating a ground; it may not exceed three months, or six months for managerial employees.
- Notice period
- The minimum period of at least two months that begins on the first day of the month following delivery of notice; the employment relationship ends on its expiry.
- Abuse of authority
- A criminal offence under section 329 of the Criminal Code, committed by a public official who exceeds his or her competence or fails to perform a duty in order to obtain an advantage or cause harm.
- Provisional budget management
- A regime applied when the state budget statute is not passed before 1 January; monthly expenditure is limited to one-twelfth of the previous year's budget until the budget is adopted.
- Supreme Audit Office
- An independent constitutional body (art. 97) that audits the management of state assets and the state budget, and reports to the Chamber of Deputies; it cannot impose sanctions.
- Budgetary principles
- Annuity, unity, transparency, balanced budget and gross budgeting; each expenditure must have a legal title and be covered by an approved budgeted amount for the stated purpose.
- Article 10a of the Constitution
- The provision allowing the Czech Republic to transfer certain powers to an international organisation by treaty approved by Parliament, forming the constitutional basis of EU membership since 1 May 2004.
- Direct effect of directives
- A directive that is not transposed in time may be invoked vertically against the state where its provisions are unconditional and sufficiently precise; it cannot impose obligations on private parties.
- Qualified majority voting
- A Council voting rule requiring at least 55% of member states representing at least 65% of the EU population; a blocking minority requires at least four member states.
- Indirect discrimination
- A neutral provision, criterion or practice that disadvantages persons sharing a protected ground compared with others, unless it is objectively justified by a legitimate aim and proportionate means.
- Burden of proof shift
- In discrimination proceedings, once the claimant shows facts suggesting discrimination, the defendant must prove that the principle of equal treatment was not breached.
- Public Defender of Rights
- The Ombudsman, who protects persons against the conduct of authorities and acts as the equality body under the Anti-Discrimination Act, providing advice and methodology on discrimination.
- GDPR lawful basis
- Processing of personal data must rest on one of six bases in art. 6 GDPR: consent, contract, legal obligation, vital interests, public task or legitimate interest; special categories need an art. 9 condition.
- Data breach notification
- A controller must notify the supervisory authority of a personal data breach within 72 hours of becoming aware of it where a risk to rights and freedoms is likely, and inform data subjects where the risk is high.
- Data boxes
- Electronic repositories for delivery of official documents under Act No. 300/2008 Sb.; a document delivered through a data box is deemed delivered on the day the recipient logs in, or after ten days.
- Access to information deadline
- A public authority must provide requested information within 15 days of receipt, extendable to 30 days in complex cases; a refusal must be reasoned and is reviewable.
- Value for money
- The principle requiring that public resources be used economically, efficiently and effectively; each expenditure must be justified, documented and subject to audit under Act No. 320/2001 Sb.