EUROPAM

European Public Accountability Mechanisms

Czech Republic

Country score (European Average*)
  • 57(67) Political Financing
  • 62(50) Financial Disclosure
  • 36(41) Conflict of Interest
  • 52(56) Freedom of Information
  • 66(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)30,420
Population, total10,551,219
Urban population (% of total)73.0
Internet users (per 100 people)79.7
Life expectancy at birth (years)78.7
Mean years of schooling (years)12.3
Global Competitiveness Index4.7
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on association within political parties and political movements (1991, as amended 2011) and the Act of Law 247/1995 Coll. on elections to the Parliament of the Czech Republic, amended 2006 are the main laws regulating the financing of political parties in the Czech Republic.

There are some restrictions on the income of political parties. Donations to political parties from foreign entities, anonymous donors and corporations partly owned by the government are not permitted. However, donations are permitted from corporations generally and trade unions. There are no limits on the size of donations. 

There is public funding available for political parties. It is allocated based on the share of votes in the previous election and the representation in the elected body. Free broadcasting space is also allotted for all political parties whose candidate list has been registered for the elections. There is also space for campaign materials. 

For spending regulations, vote buying is prohibited and there are limits on what a candidate can spend during elections. 

Parties are required to report annually on their accounts. The accounts are to be made public and must reveal the identity of donors. The reports are overseen by the Chamber of Deputies and Ministry of Finance. Sanctions for breaches include fines, loss of public funding and suspension of the political party.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income393636
Public funding505050
Regulations on spending505050
Reporting, oversight and sanctions929292

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. Banned sources include foreign legal entities (except foreign political parties and foundations) and foreign natural persons who do not have permanent residence status in the Czech Republic. (Article 19, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework.

Bans on corporate donations

Is there a ban on corporate donations to political parties? No. Absent from legal framework.
Is there a ban on corporate donations to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations with government contracts to political parties? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. No political party or movement may accept free benefits and gifts from: (...) d) state enterprises and legal entities in which the state or a state enterprise has a stake and legal entities partially managed and supervised by the state; this provision shall not be applied if the interest of the state or a state enterprise does not exceed 10%; e) legal entities partially owned by any type of municipality; this provision shall not be applied if the interest held by a municipality does not exceed 10%, (Article 19(d)(e), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework.
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework.

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework.
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework.

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Not directly stipulated in Law on Political Parties and Movements, but de facto prohibited as identity of all donors needs to be reported in parties' annual financial report (donor's first and surname, date of birth, permanent address (private individual) or donor's business name, registered address and identification number (legal entity)). (Article 18 and 19, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Is there a ban on anonymous donations to candidates? No. Absent from legal framework.

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. The banned sources include state entities, state-funded organisations, municipalities (except for rental of commercial premises). (Article 19, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Is there a ban on any other form of donation? Yes. Beneficiary societies are not allowed to donate. (Article 19, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a political party in relation to an election? No. Absent from legal framework.
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework.

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. (4) Each political party and movement that manages to win at least 3% of the votes in the elections to the Chamber of Deputies is entitled to receive a permanent contribution. (Article 20(4), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. Political parties or movements of which at least one candidate has been elected to Chamber of Deputies, Senate, regional council or municipal council of city of Prague are entitled to receive funding. (Article 20(5), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework.
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework.

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. (6) Each political party and movement that wins at least 3% of the overall amount of votes is entitled to receive a permanent annual contribution to its operational expenses totalling CZK 6 million plus CZK 200,000 for every 0.1% up to 5%. No additional sum is paid to the political parties and movements that acquire more than 5% of the overall amount of votes. (Article 20(6) & (7), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Allocation calculations for direct public funding to political parties: Equal Yes. (6) Each political party and movement that wins at least 3% of the overall amount of votes is entitled to receive a permanent annual contribution to its operational expenses totalling CZK 6 million plus CZK 200,000 for every 0.1% up to 5%. No additional sum is paid to the political parties and movements that acquire more than 5% of the overall amount of votes. (Article 20(6) & (7), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. (7) The aforementioned mandate contribution totals CZK 855,000 per year for every Senator or Deputy and CZK 237,500 per year for every member of a regional council or the Municipal Council of the City of Prague. (Article 20(6) & (7), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework.
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework.

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework.
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework.

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. (1) Each mayor may reserve a space for election posters 16 days before the date of the elections. He/she must ensure that any such space can be used equally by all political parties, movements and coalitions, or by all candidates standing for the Senate. (4) In total, Czech Radio and Czech Television shall each reserve 14 hours of broadcasting time free of charge for all political parties, movements and coalitions whose candidate list has been registered for the elections to the Chamber of Deputies (Article 16(1), Law 247/1995 on elections to the Parliament of the Czech Republic (1995, amended 2014))
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework.
Allocation criteria for free or subsidized access to media for political parties: Other No. Absent from legal framework.
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework.

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework.
Provisions for any other form of indirect public funding: Space for campaign materials Yes. Art (16(1), “(1) For the purposes of an election campaign, on the sixteenth day prior to the day of the elections, the Mayor may allocate a space suitable for election campaign posters and campaigning advertisements.‌ Such campaign allowance of space shall accommodate the right to equality of Political Parties and coalitions nominating their candidates to stand for election to the Chamber of Delegates or to the Senate, or, as the case may be, of independent candidates standing for election to the Senate.‌" (Article 16, Law 247/1995 on elections to the Parliament of the Czech Republic (1995, amended 2014))
Provisions for any other form of indirect public funding: Tax relief Yes. Section 15, Art.1 (Income Tax Act): The foundations can deduct from taxes the values of donations to (..) political parties and policitcal movements. (Section 15, Art.1, Income Tax Act (Act No. 586/1992, amended in 2014))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework.
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework.
Provisions for any other form of indirect public funding: Other No. Absent from legal framework.
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework.
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework.

Regulations on spending 

Is there a ban on vote buying? Yes. Who else or for someone else in connection with the exercise of voting rights or the right to vote in the referendum gives, offers or promises of financial, securities or other similar benefit to vote or voted contrary to the independent expression of their will shall be punished by imprisonment for six months to three years. (Article 351 of Penal Code (2009))
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework.
Are there limits on the amount a political party can spend? No. Absent from legal framework.
Are there limits on the amount a candidate can spend? Yes. Limits for presidential elections: 40 million CZK (approximately 2 million dollars) on first round, 10 million CZK (approximately 500,000 dollars) on second round. (Art. 37(2) of the Law on presidential elections (2012))

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. Annual financial report to Chamber of Deputies by 1 April. (Article 18, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Do political parties have to report on their finances in relation to election campaigns? Yes. Parties must report: c) total earnings structured in accordance with Article 17, Section 4, and total expenses, including operating and wage expenses, tax and fee expenses, and election expenses, (Article 18(1)(c), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Do candidates have to report on their campaign finances? No. Absent from legal framework.
Is information in reports from political parties and/​or candidates to be made public? Yes. (6) The annual financial reports of all political parties and movements are regarded as public records; it is possible to search in them and to make copies, duplicates or excerpts in the Office of the Chamber of Deputies. (Article 18(6), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Reports include all information on individual donors, names, addresses etc. (Article 18(1)(d), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Ministry Yes. (4) All political parties and movements shall present their annual financial reports on forms and with attachments defined by the Ministry of Finance in a specialimplementary regulation. (Article 18(4), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework.
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Chamber of Deputies checks annual financial reports and informs Ministry of Finance of findings by 7 June of each year the latest. (Article 20a (4)(a) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Ministry Yes. Ministry of Finance (Article 20a, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework.
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework.
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Ministry Yes. Ministry of Finance receives analysis of Chamber of Deputies by 7 June. (Article 20a, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework.
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework.
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework.
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. (1) Should the Parties and movements donation in contravention of this Act, are required to return it to donors, including the assessment of interest at the discount rate of the Czech National Bank valid on the date of return of the donation, not later than April 1 of the year following in which the gift received. Unless such a procedure is not possible, take the appropriate amount in the same period in the state budget. If no return of the donation or to its payment into the state budget by the deadline, the competent financial authority 5) party and movement penalty amounting to twice the value of the gift. (2) The fines provided for in paragraph 1 shall constitute state budget. A fine may be imposed within 1 year from the date on which the competent financial authority learned that the party and the movement returned donation obtained in contravention of this Act or it did not distract donors to the state budget. The fine may be imposed no later than 3 years after the year in which they were receiving the gift. (Article 19a(2) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Sanctions for political finance infractions: Loss of public funding Yes. If a political party or movement accepts any financial benefit contrary to this Law, it shall be obligated to return it, together with an interest based on the discount rate of the Czech National Bank valid as of the date of refund (Article 19a(1) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Sanctions for political finance infractions: Penal/Criminal Yes. (1) Who does the books, records or other documents used to review the state of the economy and property or to their control, although it is obliged by law, one of these books, registrations or other document states false or grossly distorted information, or one such books, records or other documents changed, destroyed, damaged or made unusable or conceal, thus endangering property rights or other timely and proper assessment, shall be punished by imprisonment of up to two years or prohibition of activities. (2) The same punishment, who provides false or grossly distorted information in the documents serving for incorporation, the foundation register, the register of charitable societies or register owners associations or in such documents concealing material facts, who serve in the documentation for the expert's report, which is attached to the application for incorporation, the foundation register, the register of charitable societies or register owners associations states false or grossly distorted information in such documents or conceal essential information, or Who else endangers or limits on the rights by promptly fails to file an application for registration of statutory data in the commercial register, the foundation register, the register of charitable societies or register owners associations or saved instrument in the collection of documents, although to do so by law or Contract obliged. (3) imprisonment for one to five years or a fine will be offender who causes an offense referred to in paragraph 1 or 2 on the foreign assets of considerable damage. (Article 254, Criminal Code (2009))
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework.
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework.
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework.
Sanctions for political finance infractions: Suspension of political party Yes. 13(1) A political party or movement is abolished b) if it fails to present its financial report to the Chamber of Deputies within the time limit specified in this Law (Article 18, Sections 1 and 2), 14(1) A political party or movement may have its activities judicially suspended if they contravene Articles 1 - 5, Article 6, Section 5, Articles 17 - 19 or its own statutes. (Article 13(1)(b) & Article 14(1) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014))
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework.
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework.
Sanctions for political finance infractions: Other No. Absent from legal framework.

Qualitative data for 2016


Legislation

Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2014) (Czech)pdf
Law 247/1995 on elections to the Parliament of the Czech Republic (1995, amended 2014) (Czech)pdf
Income Tax Act (Act No. 586/1992, as amended in 2014)  
Penal Code (2009) (Czech)pdf
Law on presidential elections (2012) (Czech)pdf

Financial Disclosure

The Czech Republic’s entire financial disclosure legislation stems from the Conflicts of Interests Act (2006), which applies the same rules to Ministers, Members of Parliament, and Civil Servants. The Head of State is not included in disclosure law. Disclosure statements must include real estate, movable assets, cash exceeding CZK 50,000, debts above CZK 100,000, income from outside employment, as well as any gifts received. Additionally, any securities in private or public companies above CZK 100,000, and engagement in businesses including membership in controlling bodies must be declared. In decision-making procedures, private interests officials have in the matter must be stated. Spouses must be included in disclosure statements. 

Declarations are submitted annually. MPs submit them to the Mandate and Immunity Committee of the Chamber of Deputies, and Ministers to the Mandate and Immunity Committee of the Senate of the Parliament for Senators. The respective ministries serve as depository bodies for Civil Servants. The respective depository body is always responsible for verifying submissions and enforcing regulations. All officials may be fined if they submit their declarations late or not at all, or make false disclosure statements. Disclosure statements of all public officials are made available on the Register of Notices on paper and online. 


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items656565
Filing frequency383838
Sanctions757575
Monitoring and Oversight757575
Public access to declarations565656

Alternative Metric

201220152016Trend
Head of State000
Ministers828282
Members of Parliament838383
Civil servants828282

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate No. Absent from legal framework.
Movable assets No. Absent from legal framework.
Cash No. Absent from legal framework.
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets No. Absent from legal framework.
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office No. Absent from legal framework.
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework.

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework.
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission No. Absent from legal framework.
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability No. Absent from legal framework.
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified No. Absent from legal framework.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. All assets acquired by spouse and included in community property of spouses has to be stated in the notice of assets (cash, private ownership and/or stock holdings, ownership of state-owned enterprises (SOE)). (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Movable assets Yes. Movable assets must be included in the official’s declaration. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Cash Yes. Cash covered is securities in amounts exceeding CZK 50,000 in value. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Loans and Debts Yes. The remaining sums of loans and debts must be declared if the total value of those sums exceeds CZK 100,000. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Income from outside employment/assets Yes. Official salary does not have to be included in the declaration, but all other salary or wage income he or she may receive must be reported if the value exceeds CZK 100,000 in one calendar year. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Incompatibilities
Gifts received as a public official Yes. Public officials must present the notice of gifts of any value. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Private firm ownership and/or stock holdings Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials have to disclose their engagement in business or other gainful activity including membership in a statutory or controlling body of a corporation. (Article 9 of Act No. 159 on conflict of interest, 2006, amended 2015)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. In the course of consideration of any constitutional body, another state body or any body of a territorial self-governed unit in which he/she makes an address, presents a petition or is entitled to vote, each public official shall announce his/her relation to the considered issue. (Article 8 of Act No. 159 on conflict of interest, 2006, amended 2015)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office Yes. Declarations must be submitted within 30 days of leaving office. (Article 12 of Act No. 159 on conflict of interest, 2006, amended 2015)
Filing required annually Yes. Declarations must be submitted by 30 June every year. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. If officials fail to meet the time limit for disclosure of activities or gifts they shall be fined by the court up to CZK 30,000.00; the set fine may even be imposed repeatedly until the obligation concerned has been duly met. The same sanction applies to failure to disclose assets, income and liabilities. (Article 22 Section 1 of Act No. 159 on conflict of interest, 2006, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. If officials fail to meet the time limit for disclosure of activities or gifts they shall be fined by the court up to CZK 30,000.00; the set fine may even be imposed repeatedly until the obligation concerned has been duly met. The same sanction applies to failure to disclose assets, income and liabilities. (Article 22 Section 1 of Act No. 159 on conflict of interest, 2006, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. If officials state inaccurate or incorrect information in their affirmations on activities or gifts or fail to complete a notice of personal interest they shall be fined by the court up to CZK 100,000.00. The same sanction applies to false disclosure regarding assets, income and liabilities. (Article 22 of Act No. 159 on conflict of interest, 2006, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. Mandate and Immunity Committee of the Chamber of Deputies of the Parliament for MPs. Mandate and Immunity Committee of the Senate of the Parliament for Senators. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)
Enforcement body explicitly identified Yes. With the adoption of the 2008 amendment (Act No. 216/2008) to Act No. 159/2006 on the Conflict of Interests (2006), administrative courts were removed as the enforcement body. Now, under that law, registry (depository) bodies are the only bodies that can act and enforce the obligation to declare assets and issue sanctions. (Act No. 159/2006 on conflict of interest, amended by Act No. 216/2008)
Some agency assigned responsibility for verifying submission Yes. Mandate and Immunity Committee of the Chamber of Deputies of the Parliament for MPs. Mandate and Immunity Committee of the Senate of the Parliament for Senators. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. Mandate and Immunity Committee of the Chamber of Deputies of the Parliament for MPs. Mandate and Immunity Committee of the Senate of the Parliament for Senators. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)

Public access to declarations

Public availability Yes. Anyone is entitled to search in the Register of Notices containing disclosures by public officials free of charge and to use its content to make duplicates and excerpts. The information can be used to establish possible conflicts of interest. (Article 13 of Act No. 159 on conflict of interest, 2006, amended 2015)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes.
Cost of access specified Yes. Anyone is entitled to search in the Register of Notices, containing the disclosures made by public officials free of charge, and to use its content to make duplicates and excerpts. (Article 13 of Act No. 159 on conflict of interest, 2006, amended 2015)

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. All assets acquired by spouse and included in community property of spouses has to be stated in the notice of assets (cash, private ownership and/or stock holdings, ownership of state-owned enterprises (SOE)). (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Movable assets Yes. Movable assets must be included in the official’s declaration. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Cash Yes. Cash covered is securities in amounts exceeding CZK 50,000 in value. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Loans and Debts Yes. The remaining sums of loans and debts must be declared if the total value of those sums exceeds CZK 100,000. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Income from outside employment/assets Yes. Official salary does not have to be included in the declaration, but all other salary or wage income he or she may receive must be reported if the value exceeds CZK 100,000 in one calendar year. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Incompatibilities
Gifts received as a public official Yes. Public officials must present the notice of gifts of any value. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Private firm ownership and/or stock holdings Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials have to disclose their engagement in business or other gainful activity including membership in a statutory or controlling body of a corporation. (Article 9 of Act No. 159 on conflict of interest, 2006, amended 2015)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. There are rules for disclosure for MP in case of conflict of interest of incompatible offices. (Article 26 of Act No. 159 on conflict of interest, 2006, amended 2015)
Participating in official decision-making processes that affect private interests Yes. In the course of consideration of any constitutional body, another state body or any body of a territorial self-governed unit in which he/she makes an address, presents a petition or is entitled to vote, each public official shall announce his/her relation to the considered issue. (Article 8 of Act No. 159 on conflict of interest, 2006, amended 2015)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office Yes. Declarations must be submitted within 30 days of leaving office. (Article 12 of Act No. 159 on conflict of interest, 2006, amended 2015)
Filing required annually Yes. Declarations must be submitted by 30 June every year. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. If officials fail to meet the time limit for disclosure of activities or gifts they shall be fined by the court up to CZK 30,000.00; the set fine may even be imposed repeatedly until the obligation concerned has been duly met. The same sanction applies to failure to disclose assets, income and liabilities. (Article 22 Section 1 of Act No. 159 on conflict of interest, 2006, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. If officials fail to meet the time limit for disclosure of activities or gifts they shall be fined by the court up to CZK 30,000.00; the set fine may even be imposed repeatedly until the obligation concerned has been duly met. The same sanction applies to failure to disclose assets, income and liabilities. (Article 22 Section 1 of Act No. 159 on conflict of interest, 2006, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. If officials state inaccurate or incorrect information in their affirmations on activities or gifts or fail to complete a notice of personal interest they shall be fined by the court up to CZK 100,000.00. The same sanction applies to false disclosure regarding assets, income and liabilities. (Article 22 of Act No. 159 on conflict of interest, 2006, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. Mandate and Immunity Committee of the Chamber of Deputies of the Parliament for MPs. Mandate and Immunity Committee of the Senate of the Parliament for Senators. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)
Enforcement body explicitly identified Yes. With the adoption of the 2008 amendment (Act No. 216/2008) to Act No. 159/2006 on the Conflict of Interests (2006), administrative courts were removed as the enforcement body. Now, under that law, registry (depository) bodies are the only bodies that can act and enforce the obligation to declare assets and issue sanctions. (Act No. 159/2006 on conflict of interest, amended by Act No. 216/2008)
Some agency assigned responsibility for verifying submission Yes. Mandate and Immunity Committee of the Chamber of Deputies of the Parliament for MPs. Mandate and Immunity Committee of the Senate of the Parliament for Senators. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. Mandate and Immunity Committee of the Chamber of Deputies of the Parliament for MPs. Mandate and Immunity Committee of the Senate of the Parliament for Senators. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)

Public access to declarations

Public availability Yes. Anyone is entitled to search in the Register of Notices containing disclosures by public officials free of charge and to use its content to make duplicates and excerpts. The information can be used to establish possible conflicts of interest. (Article 13 of Act No. 159 on conflict of interest, 2006, amended 2015)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes.
Cost of access specified Yes. Anyone is entitled to search in the Register of Notices, containing the disclosures made by public officials free of charge, and to use its content to make duplicates and excerpts. (Article 13 of Act No. 159 on conflict of interest, 2006, amended 2015)

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. All assets acquired by spouse and included in community property of spouses has to be stated in the notice of assets (cash, private ownership and/or stock holdings, ownership of state-owned enterprises (SOE)). (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Movable assets Yes. Movable assets must be included in the official’s declaration. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Cash Yes. Cash covered is securities in amounts exceeding CZK 50,000 in value. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Loans and Debts Yes. The remaining sums of loans and debts must be declared if the total value of those sums exceeds CZK 100,000. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Income from outside employment/assets Yes. Official salary does not have to be included in the declaration, but all other salary or wage income he or she may receive must be reported if the value exceeds CZK 100,000 in one calendar year. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Incompatibilities
Gifts received as a public official Yes. Public officials must present the notice of gifts of any value. (Article 11 of Act No. 159 on conflict of interest, 2006, amended 2015)
Private firm ownership and/or stock holdings Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Public officials must declare securities or rights to holding securities if the overall purchase price of the securities or securities-related rights at the time of their acquisition exceeds CZK 50,000.00, in the case of the same issuer, or CZK 100,000.00, in the case of several issuers. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Public officials have to disclose their engagement in business or other gainful activity including membership in a statutory or controlling body of a corporation. (Article 9 of Act No. 159 on conflict of interest, 2006, amended 2015)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. In the course of consideration of any constitutional body, another state body or any body of a territorial self-governed unit in which he/she makes an address, presents a petition or is entitled to vote, each public official shall announce his/her relation to the considered issue. (Article 8 of Act No. 159 on conflict of interest, 2006, amended 2015)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office No. Absent from legal framework.
Filing required upon leaving office Yes. Declarations must be submitted within 30 days of leaving office. (Article 12 of Act No. 159 on conflict of interest, 2006, amended 2015)
Filing required annually Yes. Declarations must be submitted by 30 June every year. (Article 10 of Act No. 159 on conflict of interest, 2006, amended 2015)
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. If officials fail to meet the time limit for disclosure of activities or gifts they shall be fined by the court up to CZK 30,000.00; the set fine may even be imposed repeatedly until the obligation concerned has been duly met. The same sanction applies to failure to disclose assets, income and liabilities. (Article 22 Section 1 of Act No. 159 on conflict of interest, 2006, amended 2015)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. If officials fail to meet the time limit for disclosure of activities or gifts they shall be fined by the court up to CZK 30,000.00; the set fine may even be imposed repeatedly until the obligation concerned has been duly met. The same sanction applies to failure to disclose assets, income and liabilities. (Article 22 Section 1 of Act No. 159 on conflict of interest, 2006, amended 2015)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. If officials state inaccurate or incorrect information in their affirmations on activities or gifts or fail to complete a notice of personal interest they shall be fined by the court up to CZK 100,000.00. The same sanction applies to false disclosure regarding assets, income and liabilities. (Article 22 of Act No. 159 on conflict of interest, 2006, amended 2015)

Monitoring and Oversight

Depository body explicitly identified Yes. The respective ministries of senior civil servants serve as depository bodies. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)
Enforcement body explicitly identified Yes. With the adoption of the 2008 amendment (Act No. 216/2008) to Act No. 159/2006 on the Conflict of Interests (2006), administrative courts were removed as the enforcement body. Now, under that law, registry (depository) bodies are the only bodies that can act and enforce the obligation to declare assets and issue sanctions. (Act No. 159/2006 on conflict of interest, amended by Act No. 216/2008)
Some agency assigned responsibility for verifying submission Yes. The respective ministries of senior civil servants verify submission. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)
Some agency assigned responsibility for verifying accuracy Yes. The respective ministries of senior civil servants verify accuracy. (Article 14 of Act No. 159 on conflict of interest, 2006, amended 2015)

Public access to declarations

Public availability Yes. Anyone is entitled to search in the Register of Notices containing disclosures by public officials free of charge and to use its content to make duplicates and excerpts. The information can be used to establish possible conflicts of interest. (Article 13 of Act No. 159 on conflict of interest, 2006, amended 2015)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. The Register is located within the Chamber of Deputies of the Parliament of the Czech Republic for declarations by cabinet members. The Register may also be accessed online. (Article 13 of Act No. 159 on conflict of interest, 2006, amended 2015)
Cost of access specified Yes. Anyone is entitled to search in the Register of Notices, containing the disclosures made by public officials free of charge, and to use its content to make duplicates and excerpts. (Article 13 of Act No. 159 on conflict of interest, 2006, amended 2015)

Qualitative data for 2016


Legislation

Act No. 159 on conflict of interest, 2006, amended 2015 (Czech)pdf

Conflict of Interest

No restrictions are made for the Czech Head of State concerning conflicts of interests. The Conflict of Interest Act (1992, last amended 2006) regulates restrictions concerning conflicts of interests for all Ministers, Members of Parliament and Civil Servants. However specifications vary. MPs are only bound by a general avoidance of conflicts of interests, and may not hold representative functions in private enterprises. A general restriction on avoiding conflicts of interests also applies to Ministers and Civil Servants. They may also not hold government contracts or accept employment within one year after leaving office with an entity that was under their supervision in the preceding three years. Additionally, Ministers may not hold representative functions in private enterprises.

In case of violation, Ministers and Civil Servants may face fines of up to CZK 10,000. Meanwhile, Members of Parliament do not face fines, but may be forced to lay down their mandate in case of violating incompatibilities as to the Constitution of the Czech Republic (1992, last amended 2009). No monitoring or enforcement body is specified for MPs. Meanwhile, the Ministry of Justice and Registrar of Notices functions as monitoring body for Ministers and Civil Servants. Sanctions for Ministers and Civil Servants are enforced by the Administrative Courts under the direction of the Ministry of Justice.


Quantitative Data

Primary Metric

201220152016Trend
Restrictions353232
Sanctions252525
Monitoring and Oversight385050

Alternative Metric

201220152016Trend
Head of State000
Ministers446464
Members of Parliament382121
Civil servants485858

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Ministers

Restrictions

General restriction on conflict of interest Yes. The Conflict of Interest Act states that a public official may not prefer his/her private interests where they conflict with the public interests they are obligated to enforce or protect. Members of the government (Ministers) are prohibited by the constitution from engaging in activities that are incompatible with their duties. (Article 3 Act No. 159 on conflict of interest, (2006, last amended 2015) Article 70 Constitution of the Czech Republic (1992, last amended 2013))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Ministers may not be engaged in business or other gainful activity (Article 4 (1) (a) and 9(1) of the Act No. 159 on conflict of interest, (2006, last amended 2015) )
Ownership of state-owned enterprises (SOEs) Yes. Ministers may not be engaged in business or other gainful activity (Article 4 (1) (a) and 9(1) of the Act No. 159 on conflict of interest, (2006, last amended 2015) )
Holding government contracts Yes. Ministers may not enter into employment, service or similar relation, except for relations resulting from and/or related to his/her public office. (Article 4 (1) (c) Act No. 159 on conflict of interest, (2006, last amended 2015))
Board member, advisor, or company officer of private firm Yes. Ministers may not act as a statutory body or a member of a statutory body, managing body, supervisory body or controlling body of any business corporation, unless specified otherwise by special legal regulation. (Article 4 (1) (b) Act No. 159 on conflict of interest, (2006, last amended 2015))
Post-employment Yes. One year after the end of his/her term in office, a Ministers may not accept employment from any entity with which they supervised or was under their leadership (or contracts relating to such entity) for 3 years preceding his/her exit from office. (Article 6 Act No. 159 on conflict of interest, (2006, last amended 2015))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Each public official failing to meet the time limit specified in Articles 9 through 11 shall be fined by the court up to CZK 30,000; the said fine may be imposed even repeatedly until the obligation concerned has been duly met. The court shall also fine any public official referring to his/her public office in cases related to his/her personal interests, especially to his/her occupation, job or businesses well as for failing to complete a notice of personal interest (Article 6) up to CZK 100, 000. (Article 22 Act No. 159 on conflict of interest, (2006, last amended 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Ministry of Justice and Registrar of Notices (Article 12 (5) and 13 Act No. 159 on conflict of interest, (2006, last amended 2015))
Enforcement body specified (sanctions, hearings) Yes. Administrative Courts (under the Ministry of Justice) (Article 16 Act No. 159 on conflict of interest, (2006, last amended 2015))

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. A public official may not prefer his/her private interests where they conflict with the public interests they are obligated to enforce or protect. (Article 3 Act No. 159 on conflict of interest, (2006, last amended 2015))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Members of parliament representing the state in any corporate entity partly or fully owned by the state in any capacity may not receive any reimbursement from such representation. (Article 5 (1) Act No. 159 on conflict of interest, (2006, last amended 2015) Article 9 (1) Act No. 159 on conflict of interest, (2006, last amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. A member of Parliament may not simultaneously be a member of both the Chamber of Deputies and the Senate or any other office in the executive or judiciary. (Article 21 and 22 Constitution of the Czech Republic (1992, last amended 2013) Article 5 (3) Act No. 159 on conflict of interest, (2006, last amended 2015))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The mandate of a Deputy or Senator shall be terminated when the Member of Parliament violates the Article 22 Provision (Constitution) of incompatibility of service. (Article 25 (f) Constitution of the Czech Republic (1992, last amended 2013) )
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest Yes. A public official may not prefer his/her private interests where they conflict with the public interests they are obligated to enforce or protect. (Article 3 Act No. 159 on conflict of interest, (2006, last amended 2015))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. High level public servants may not enter into employment, service or similar relation, except for relations resulting from and/or related to his/her public office. (Article 4 (1) (c) Act No. 159 on conflict of interest, (2006, last amended 2015) )
Board member, advisor, or company officer of private firm Yes. High level public servants may not act as a statutory body or a member of a statutory body, managing body, supervisory body or controlling body of any business corporation, unless specified otherwise by special legal regulation. (Article 4 (1) (b), 5(1b) and 9(1) Act No. 159 on conflict of interest, (2006, last amended 2015) )
Post-employment Yes. One year after the end of his/her term in office, a public servant may not accept employment from any entity with which they supervised or was under their leadership (or contracts relating to such entity) for 3 years preceding his/her exit from office. According Section 3.04.30 (a) (6) of the Government Decree Code of Ethics, Nocounty employee shall discusses or accept an offer of future employment with any person doing or seeking to do business with the county. (Article 6 Act No. 159 on conflict of interest, (2006, last amended 2015) Section 3.04.030 (a) (6) Government Decree No. 270 on Ethics of Civil Servants (2001))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Each public official failing to meet the time limit specified in Articles 9 through 11 shall be fined by the court up to CZK 30,000; the said fine may be imposed even repeatedly until the obligation concerned has been duly met. The court shall also fine any public official referring to his/her public office in cases related to his/her personal interests, especially to his/her occupation, job or businesses well as for failing to complete a notice of personal interest (Article 6) up to CZK 100, 000. (Article 22 Act No. 159 on conflict of interest, (2006, last amended 2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Ministry of Justice and Registrar of Notices (Article 12 (5) and 13 Act No. 159 on conflict of interest, (2006, last amended 2015))
Enforcement body specified (sanctions, hearings) Yes. Administrative Courts (under the Ministry of Justice) (Article 16 Act No. 159 on conflict of interest, (2006, last amended 2015))

Qualitative data for 2016


Legislation

Act No. 159 on conflict of interest, 2006, amended 2015 (Czech)pdf
Constitution, 1992, amended 2013 (English)pdf
Government Decree No. 270 on Ethics of Civil Servants, 2001 (Czech)pdf

Freedom of Information

Several sources form the foundation for the Czech Republic's freedom of information regime: the Constitution (1992), the Charter of Fundamental Rights and Freedoms (1993), and the Freedom of Information Act 106/1999 Coll. (1999, amended 2014). The bodies obliged to provide information include state authorities, territorial self-administration entities and their authorities, public institutions, and organizations tasked with responsibilities given by the state. 

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Act N. 412 on the Protection of Classified Information (2005), and the Act No. 101/2000 Coll., on the Protection of Personal Data (2000, amended 2014). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals may be filed with public authorities and with the courts. There is no appeals process through an independent non-judicial mechanism, such as an information commissioner. The Ombudsman’s decisions are non-binding.

There are no sanctions specified in the law for violations of FOI provisions, nor are there any enforcement or oversight bodies tasked with managing implementation.  The Ministry of the Interior provides guidance for proactive disclosure, but there is no specification of monitoring responsibilities.


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage878787
Information access and release888888
Exceptions and Overrides676767
Sanctions for non-compliance000
Monitoring and Oversight171717

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. (1) Freedom of expression and the right to information are guaranteed. (2) Everybody has the right to express freely his or her opinion by word, in writing, in the press, in pictures or in any other form, as well as freely to seek, receive and disseminate ideas and information irrespective of the frontiers of the State. (Article 14, Charter of Fundamental Rights and Freedoms, 1993 Article 3, Constitution of Czech Republic, 1992 )
"Information" or "Documents" is defined Yes. (3) For the purpose of this Act, "information" shall mean any contents or its part in any form recorded on any medium, namely the contents of a written record in a document or a record in an electronic format or an audio, visual or audiovisual record. (Section 3 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Proactive disclosure is specified Yes. (1) In order to inform the public, each obligated body shall make public at a freely accessible place within its registered office and other offices and allow making copies of the following information (Section 5 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)

Coverage of public and private sectors

Executive branch Yes. (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (Section 2 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Legislative branch Yes. (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (Section 2 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Judicial branch Yes. (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (Section 2 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Other public bodies Yes. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers. (Section 2 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Private sector No. Absent from legal framework. (General)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments No. In practice, drafts and subsequent changes in the course of the legislative process are posted on the official website of the House of Representatives in the form of the so-called Prints of the House, in the later stage also on the official webpage of the Senat (Upper House of Parliament). Government drafts are also published on the official website of the Government. (General)
Enacted legal instruments Yes. Generally speaking, all the legal acts of general application must be published in the Collection of Laws. All the international laws by which the Czech Republic is bound must be published in the Collection of International Treaties, where the authoritative foreign version, as well as the Czech version, is published simultaneously. (Collection of Laws and the Collection of International Treaties Act No. 309/1999 Coll. 1999, amended 2015 )
Annual budgets Yes. Public entities have an obligation to publish their budgets of the pending and the previous year with all amendments. (Section 8.2 of Decree No. 442/2006 Coll., 2006)
Annual chart of accounts (actual expenditures) Yes. Public entities have an obligation to publish their chart of accounts within their annual budget. (Section 8.2 of Decree No. 442/2006 Coll., 2006)
Annual reports of public entities and programs Yes. The public entity is required to publicize annual report on its activities with the respect to free access to information. This annual report can be part of a general annual report, if the public entity has one. (Section 18 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. (1) For the purpose of this Act, the "applicant" any natural person or legal entity requesting information. (Section 3 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Type of request is specified (written, electronic, oral) Yes. (1) The request for the provision of information may be submitted orally or in writing, including telecommunications media networks or services of electronic communications. (2) If the applicant is not provided the information on the basis of an oral request or if the applicant does not consider the information provided on the basis of an oral request as sufficient, a written request must be submitted. (Section 13 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. (5) The obligated body shall review the contents of the request and: a) if the lack of data about the applicant under the paragraph 2 hinders the information request processing procedure hereunder, namely under Sections 14a or 15, the applicant shall be asked within 7 days of request submission to complete the request; should the applicant fail to satisfy this call within 30 days of its receipt, the request shall be suspended , b) if the request is incomprehensible, fails to indicate clearly what information is being requested or if its wording is too general, the obligated body shall ask the applicant to clarify the request within seven days of the submission date; should the applicant fail to do so within 30 days of the receipt of the call, the obligated body shall decide on the rejection of the request, (Section 14 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. (1) In connection with the provision of information, the obligated bodies are entitled to require payments in an amount not exceeding costs incurred in connection with the retrieval of information the copying, obtaining data carriers and delivery of the information to the applicant. The obligated body may also require payments for extraordinarily extensive information retrieval. (Section 17 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)

Deadlines for release of information

20-day response deadline Yes. (5) The obligated body shall review the contents of the request and: d) shall provide the requested information no later than 15 days from the receipt or completation of the request unless it decides under Section 15; if license under 14a is necessary, it shall submit a final license offer to the applicant within this time limit. (Section 14 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Agency granted right to extend response time Yes. (7) Based on serious reasons, the obligated body may extend the time limit for information provision under paragraph 5d), however, for no longer than ten days. Such serious reasons are: a) the retrieval and collection of the requested information in other offices separate from the office processing the request, b) the retrieval and a collection of a large volume of separate and different information requested in a single request, c) consultations with another obligated body that has a substantial interest in the decision on the request, or between two or more parts of the obligated body with a substantial interest in the object of the request. The applicant must be demonstrably notified of such an extension of the time limit and on the reasons thereofin good time before the expiry of the time limit for the provision of information. (Section 14 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Maximum total response time of no more than 40 days Yes. Maximum response time is 25 days. (Section 14 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. General (Act N. 412 on the Protection of Classified Information, 2005, amended 2015)
Existence of personal privacy/data law Yes. General (Act No. 101/2000 Coll., on the Protection of Personal Data, 2000, amended 2015)
Specific exemptions to disclosure Yes. There are specific restrictions to releasing information. (Sections 7-12 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities Yes. (1) An appeal may be filed against the decision on request rejection of the obligated body. (Sections 15-16 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Independent appeal for review outside of the courts through the Human Rights Defender (Ombudsman) is allowed. Such a review can encompass denial of information. However certain subjects are exempt from Ombudsman’s authority and the Ombudsman cannot effectively change the decision.
Judicial appeals mechanism Yes. (4) In court review of an appeal decision based on legal action under special legal regulations, the court shall review whether there are reasons to reject the request. If there are no reasons to reject the request, the court shall repeal the appeal decision and the decision of the obligated body on the request rejection and shall order the obligated body to provide the requested information. (Sections 15-16 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework. (General)
Fines are specified for violations of disclosure requirements No. Absent from legal framework. (General)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework. (General)

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework. (General)
Public body that is responsible for applying sanctions No. Absent from legal framework. (General)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework. (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. No. The Ministry of the Interior provides guidance for proactive disclosure, but there is no specifiication of monitoring responsibilities. (Section 21 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework. (General)
Reporting of data and/or implementation is required Yes. (1) In order to inform the public, each obligated body shall make public at a freely accessible place within its registered office and other offices and allow making copies of the following information: g) the obligated body's annual report on activities related to the provision of information in the previous year (Section 18) (Section 5.1 and 18, of the Freedom of Information Act 106/1999 Coll., 1999, amended 2015)

Qualitative data for 2016


Legislation

Charter of Fundamental Rights and Freedoms, 1993 (English)pdf
Constitution of Czech Republic, 1992 (English)pdf
Freedom of Information Act 106/1999 Coll., 1999, amended 2015 (Czech)pdf
Collection of Laws and the Collection of International Treaties Act No. 309/1999 Coll. 1999, amended 2015 (Czech)pdf
Decree No. 442/2006 Coll., 2006 (Czech)pdf
Act N. 412 on the Protection of Classified Information, 2005. amended 2015 (Czech)pdf
Act No. 101/2000 Coll., on the Protection of Personal Data, 2000, amended 2015 (Czech)pdf

Public Procurement

The Czech public procurement system is regulated by Act No. 137/2006 Coll. Government Procurement, Act No. 143/2001 on Protection of Competition and Act No. 139/2006 on Concessions and other government decrees (on publishing announcements etc.). Public procurement regulation is dedicated to the Ministry of Regional Development, and the body responsible for supervision is the Office for Protection of Economic Competition.

The lowest minimum thresholds for conducting a public procurement tender are:

CZK 2 m (ca. EUR 74000) for goods

CZK 6 m (ca. EUR 222000) for works

CZK 2 m (ca. EUR 74000) for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures. The minimum submission period is 52 days for open procedures, 37 days for both restricted procedures and negotiated procedures from dispatch date. The final beneficial owners do not have to be disclosed when placing a bid.

There is no preferential treatment based on SME status, but contracting authorities can choose green procurement. Bid exclusion can be only based on abnormally low offer prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.

There is a payable fee in case of an arbitration procedure, which is 1% of the tender price (not less than CZK 50000 and less than CZK 200000, EUR 1850 and EUR 7400). Decisions are published online at the Office for the Protection of the Competition’s website.


Quantitative Data

Primary Metric

201220152016Trend
Scope4949
Information availability7777
Evaluation9292
Open competition8383
Institutional arrangements2929

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) CZK 2000000. below this threshold: defined as 'small-scale public contract' and only minimum obligations apply. Below this threshold, simplified procedures apply (Article 12, 25(a), Act No.137/2006 Coll. on Public Contracts (amended in 2013))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) CZK 6000000. minor public contracts are those below this threshold: CZK 6,000,000; above threshold and full application of the Law: CZK 131,402,000 (Article 12, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) CZK 2000000. below this threshold: defined as 'small-scale public contract' and only minimum obligations apply. Below this threshold, simplified procedures apply (Article 12, 25(a), Act No.137/2006 Coll. on Public Contracts (amended in 2013))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) CZK 2000000. minimum threshold found in the law (Article 12, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) CZK 2000000. 0 (Article 12, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) CZK 10489000. 0

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) CZK 3395000. 0 (Article 12, Act No.137/2006 Coll. on Public Contracts (amended in 2013), ICLG PP legal guide)
What are the minimum application thresholds for the procurement type? (Product type WORKS) CZK 10000000. CZK 10,000,000-131,402,000, but Simplified procedures apply for public contracts with values CZK 6,000,000 - 10,000,000; threshold for full application of the law (according to ICLG guide) is CZK 131,402,000 (Article 12, 25(b), Act No.137/2006 Coll. on Public Contracts (amended in 2013))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) CZK 3395000. Depends on contracting body: state allowance organization - CZK 3,395,000; territorial self-administration units, allowance organizations, other legal entities under Article 2, subsection 2, letter d) of the Act and subsidized CA - CZK 5,244,000; sector CA - CZK 10,489,000; contracting entities in Article 2, subsection 2 and subsection 6 of the Act, regarding public procurement in the field of defense or security - CZK 10,489,000. (Article 12, Act No.137/2006 Coll. on Public Contracts (amended in 2013), ICLG PP legal guide)

Information availability

Publishing and record keeping

Which are the documents which are published in full? Tender documentation (defined in Article 44: commercial terms and conditions, technical specifications, requirements regarding calculation method of tender price, drawing up of tender, method of evaluation etc.) shall be provided to ecoNomic operators who intend to participate in tender: unrestricted and full direct remote access. . 0 (Article 48, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Are any of these documents published online at a central place? Yes. Information system on public contracts
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) Yes. 0 (Article 123, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Are contracts awarded within a framework agreement published? No. 0

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? Yes. CA entitled to require in tender documentation that tenderer indicates in tender proportion of contract it intends to subcontract and state identification data of each subcontractor. (Article 44.6, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
If yes, above what proportion of subcontracted value is it mandatory? 0 (Article 44, Act No.137/2006 Coll. on Public Contracts (amended in 2013))

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? Yes. unless justified by subject-matter, tender documentation shall not introduce requirements or refer to: business names, designations, names and surnames, specific indication of products and service which is distinctive of certain person or organizational branch, patents of inventions, utility models, industrial designs, trademarks or indication of origin. (Article 44, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Are there restrictions on allowable grounds for tenderer exclusion? Yes. failure to fulfill requirements (e.g. convicted of certain criminal offences, wound-up, subject to insolvency proceedings, tax arrears registered in tax records). (Article 60, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. 0
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. 0
Is there a specific set of rules for green/sustainable procurement? Yes. CA can use it as technical specifications (Article 44, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. No. Article 77 however, requires the evaluation committee to request justification from tenderers in case of "abnormally low tender prices".

Bid evaluation

Is scoring criteria published and explicit? Yes. CA shall indicate basic evaluation criterion in the contract notice or in the call for competition. Basic evaluation criterion shall generally be economic advantageousness of tender and lowest tender price. (Article 78, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Can evaluation decision be made by a single person (as opposed to a committee)? No. minimum is 5 members. In certain cases not less than 7 or 9 members (Article 74, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Representative of CA always member of committee. In certain cases committee appointed by Minister. Provisions for arising conflicts of interests. (Article 74, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
If yes, what is banned? those that can obtain personal advantage or detriment, personal interest in the tender, personal or work-related contact with the tender. 0 (Article 74, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Is some part of evaluation comitee mandatorily independent of contracting authority? No. 0 (Article 74, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Are scoring results recorded and publicly available? Yes. Report on assessment and evaluation of tenders passed to CA. Upon request all tenderers can inspect report and make extract from or copy of report. (Article 80, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Under which conditions can the tender be cancelled? No requests to participate, everyone excluded, previously laid down minimum number of candidates Not accomplished.. 0 (Article 84, Act No.137/2006 Coll. on Public Contracts (amended in 2013))

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) TED (above threshold) and journal of procurement in the Information system on public contracts . Notice of open procedure by CA, no specific location mentioned. (Article 27, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Where should the call for tenders be published? (Procedure type: RESTRICTED) TED (above threshold) and journal of procurement in the Information system on public contracts . Notice of open procedure by CA, no specific location mentioned. (Article 28, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Where should the call for tenders be published? (Procedure type: NEGOTIATED) TED (above threshold) and journal of procurement in the Information system on public contracts . Negotiated procedure without publication possible where only one candidate or limited number of candidates informed. (Article 29 and 34, Act No.137/2006 Coll. on Public Contracts (amended in 2013))

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. 0 (Article 27-29, 34, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. (Article 27-29, 34, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. (Article 27-29, 34, Act No.137/2006 Coll. on Public Contracts (amended in 2013))

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52. 0 (Article 39-42, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 37. 0 (Article 39-42, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 37. 0 (Article 39-42, Act No.137/2006 Coll. on Public Contracts (amended in 2013))

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? classified information, manufacturing/purchasing of weapons, research and development services, acquisition/lease/tenancy of real property or enterprise, securities/financial instruments, procurement/maintenance/reinstatement of assets of the Czech Republic abroad, arbitration services, services of sworn experts and translators, services of the Czech National Bank, service/supplies connected with visits of constitutional representatives of other countries, humanitarian assistance. Other exeptions if CA is intelligence service or embassy of the Czech Republic etc. Exemptions related to sector contracting entities (Article 19).. 0 (Article 18 and 19, Act No. 137/2006 Coll. on Public Contracts (amended in 2013))
What are the main types of institutions which have to apply the public procurement law? Purchasing bodies covered by the law: Czech Republic (i.e. ministries and other party of the government system), state allowance organizations, territorial self-administration units or allowance organizations in respect of which such territorial self-administration unit acts as their founders, other legal entities (if established for specific purpose of meeting needs in general interst, Not having an industrial or commercial character, and are finance, for most party, by the state or other CA, subject to management supervision of those bodies or having administrative, managerial or supervisory board and more than half of members appointed by the state or other CA). Also covered: subsidized CA (legal entity or natural person that awards public contracs which is reimbursed more than 50% from financial means provided from public sources or if financial means provided for contract from such sources >= CZK 200,000,000), sector contracting entities (natural persons or legal entities perfoming relevant activities pursuant to Article 4 of Act if certain requirements fulfilled). . 0 (Article 2, Act No. 137/2006 Coll. on Public Contracts (amended in 2013))
What are the main procedure types or procurement methods permitted by law? open procedure, restricted procedure, negotiated procedure with or without publication, competitive dialogue, simpliefied below-the-threshold procedure. 0 (Article 21 (and 22-25), Act No. 137/2006 Coll. on Public Contracts (amended in 2013))
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Office for the Protection of Economic Competition (Article 112, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Is there a procurement regulatory body dedicated to public procurement? Yes. Office for the Protection of Economic Competition (Article 112, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Is the procurement regulatory body independent? No.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. 0
Is disclosure of final, beneficial owners required for placing a bid? No. 0

Complaints

Is there a fee for arbitration procedure? Yes. 0 (Article 115, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
If yes, how much 1% of tender price, Not less than CZK 50,000 and Not more than CZK 2,000,000. . 0 (Article 115, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
Is there a ban on contract signature until arbitration court decision (first instance court)? No. the authority may suspend it, but it's not compulsory (Article 117, Act No.137/2006 Coll. on Public Contracts (amended in 2013))
What is the maximum number of days until arbitration court decision from filing a complaint? Not specified. 0
Are arbitration court decisions required to be publicly released? Yes. Office for the Protection of the Competition shall continuously publish final rulings on the Internet. http://www.uohs.cz/en/homepage.html Decisions (in Czech): http://www.uohs.cz/cs/verejne-zakazky/sbirky-rozhodnuti.html (Article 123, Act No.137/2006 Coll. on Public Contracts (amended in 2013))

Qualitative data for 2016


Legislation

Act No.137/2006 Coll. on Public Contracts (amended in 2013) - DELETE THIS ONEmissing file: