EUROPAM

European Public Accountability Mechanisms

Czechia

Country score (European Average*)
  • 54(66) Political Financing
  • 65(53) Financial Disclosure
  • 32(37) Conflict of Interest
  • 52(59) Freedom of Information
  • 67(62) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)28570.63
Population, total10561633.00
Urban population (% of total)72.98
Internet users (per 100 people)76.48
Life expectancy at birth (years)79.47
Mean years of schooling (years)12.3
Global Competitiveness Index4.8
Sources: World Bank, UNDP, WEF.

Political Financing

The Act on association within political parties and political movements (1991, as amended 2016) and the Act of Law 247/1995 Coll on elections to the Parliament of the Czech Republic, amended 2016 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.

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

20122015201620172020Trend
Bans and limits on private income3936363636
Public funding5050503838
Regulations on spending5050505050
Reporting, oversight and sanctions9292929292

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. Parties and movements shall not accept a gift or other gratuitous fulfillment. j) from a foreign legal entity except for a political party and a foundation established for public benefit activities; k) from a natural person who is not a citizen of the Czech Republic; this does not apply if it is a person who has the right to vote in the Czech Republic to the European Parliament. (Article 18 (j)(k), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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. Parties and movements shall not accept a gift or other gratuitous fulfillment: (e) from a state enterprise and a legal person holding a State or a State enterprise, as well as from the person in whose stewardship and control the State is involved; this does not apply if the state or state enterprise does not reach 10%; f) from a legal entity with a property holding of a region, municipality, town district or district; this does not apply if the holding does not reach 10% (Article 18(e)(f), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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. (Article 19, Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Is there a ban on any other form of donation? Yes. Parties and movements shall not accept a gift or other gratuitous fulfillment: (a) from the State, unless otherwise provided in this Act; (b) from the contributory organization; (c) from a municipality, a city district, a city district and a region; (d) from a voluntary union of municipalities; (g) from a charitable society, a political institute and a constitution; (h) from the trust fund; (i) from another legal person, where otherwise provided by law. (Article 19 (a)(b)(c )(d) (g)(h)(i), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))

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. (3) 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(3), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. (4) 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(4), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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. (5) 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(5), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Allocation calculations for direct public funding to political parties: Equal Yes. (5) 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(5), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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. (6) The aforementioned mandate contribution totals CZK 900,000 per year for every Senator or Deputy and CZK 250,000 per year for every member of a regional council or the Municipal Council of the City of Prague. (Article 20(6), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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 No. Absent from legal framework.
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 No. Absent from legal framework.
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. Whoever provides, offers or promises to another or for another in connection to exercise of election rights in referendum a financial, material or another similar profit in order to make him/her vote contrary to independent expression of own free will, shall be sentenced to imprisonment for six months to three years. (Article 351 of Penal Code (2009, amended 2016))
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 the Office by 1 April. (Article 19(h), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Do political parties have to report on their finances in relation to election campaigns? Yes. Parties and movements shall submit annually by 1 April to the Office an annual financial report which includes a) financial statements according to the Act on Accounting 3 ) , (b) the auditor's report on the clearance of accounts with the unqualified statement, (c) an overview of the total revenue broken down by Article 17 (8), to which the Parties and the Movement shall attach: 1. a list of companies or cooperatives in which a party or movement has a stake, indicating the amount of such share, 2. an overview of loans, borrowings and other debts, indicating the amount and conditions thereof, including maturity, names, surnames and dates of birth; if the provider is a legal person, his business name or name and identification number. (Article 19 (h), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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 report is public. The annual financial report is available for inspection at the Office and on its website, which the Office will publish within 7 days of its delivery to the Office. (Article 19 (h-6), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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 19 (h-c-2), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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 19 (f), Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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 2016))

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 2016))
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 2016))
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. 19i (1) A natural person who requests the execution of a payment transaction in favor of or against a special account shall commit an offense by not stating the purpose of the payment transaction in the payment order in contravention of Section 17b (1). (2) A fine of up to CZK 200,000 may be imposed for an offense under paragraph 1. § 19j (1) An individual or a natural or legal person requesting the execution of a payment transaction in favor of or against a special account shall commit an offense by failing to state the purpose of the payment transaction in the payment order in contravention of Section 17b (1). (2) A party or movement commits an offense by doing so a) violates Section 17 (8) b) does not, in contravention of Section 17a, keep separate accounts or notify the Office of the data pursuant to Section 17a (4) c) in violation of Section 17a, not to create a separate account or to disclose the address of the website in contravention of Section 17b, d) contrary to Section 19h (1), he / she does not submit within the statutory period an annual financial report, e) fails to remedy the shortcomings of the annual financial report pursuant to Article 19h, paragraph 5, f) in violation of Section 18 (3), returns a gift or other free-of-charge performance after the expiry of the specified period, or g) in violation of Section 18 (3), he does not return a gift or other free-of-charge payment or divestiture a cash gift or other free-of-charge payment or an amount corresponding to the usual price 7 ) a gift in kind or other free payment to the state budget. (3) For an offense under paragraph 2, (a) to (d) and (f), a fine of up to CZK 200,000 may be imposed for an offense under paragraph 1 or paragraph 2 e) a fine of up to CZK 200,000 and an offense under paragraph 2 (g) a fine equal to twice the value of the gift or other gratuitous fulfillment or forfeiture. § 19k (1) A political institute commits an offense by: (a) Contribution to support the activities of a political institute shall be used in contravention of Article 17 (7) b) does not, in contravention of Section 17a, keep separate accounts or notify the Office of the data pursuant to Section 17a (4); or c) in breach of Section 17a, not to create a separate account or to disclose the address of the website in contravention of Section 17b. (2) For an offense under paragraph 1, (a) to (c) may be fined up to CZK 200,000. (Article 19 (i,j,k) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Sanctions for political finance infractions: Loss of public funding Yes. If parties and movements receive a gift or other gratuitous fulfillment in violation of this Act, they shall be obliged to return it to the donors not later than 1 April of the year following that in which they obtained it. If repayment is not possible, they will pay within the same period a cash amount corresponding to a cash gift or other free-of-charge payment or the usual price of 7 ) a gift in kind or other gratuitous payment to the state budget. In the case of a cash gift or other gratuitous fulfillment, the parties and the movement are obliged to return it including its interest rate appreciation at the rate of the Czech National Bank's discount rate valid on the date of return. (Article 18 (3) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
Sanctions for political finance infractions: Penal/Criminal Yes. (1) Whoever does not keep accounting books, records or other documentation serving as an overview of the status of management and assets or for auditing thereof, even though he/she is legally obliged so, whoever enters false or grossly distorted data in such accounting books, records or other documentation, or whoever alters, destroys, damages, renders unusable or conceals such accounting books, records or other documentation, and so endangers material rights of another or timely and regular assessment of tax, shall be sentenced to imprisonment for up to two years or to prohibition of activity. (2) The same sentence shall be imposed to anyone who states false or grossly distorted data in documents serving for entry of records to the commercial register, endowment fund register, register of publically beneficial companies or register of apartment owners associations, or conceals substantial data in such documents, states false or grossly distorted data in documents serving for elaboration of an expert opinion that is to be enclosed to a petition for entry of a record to the commercial register, endowment fund register, register of publically beneficial companies or register of apartment owners associations, or conceals substantial data in such documents, or 111 endangers or limits another person on his/her rights by failing to submit a petition for entry of a record stipulated by law to the commercial register, endowment fund register, register of publically beneficial companies or register of apartment owners associations without undue delay, or fails to deposit a document to the collection of documents, even though he/she is legally or contractually obliged to do so. (3) An offender shall be sentenced to imprisonment for one year to five years or to a pecuniary penalty, if he/she causes substantial damage on property of another by the act referred to in Sub-section (1) or (2). (4) An offender shall be sentenced to imprisonment for two to eight years of imprisonment, if he/she causes extensive damage on property of another by the act referred to in Sub-section (1) or (2). (Article 254, Criminal Code (2009, amended 2016))
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) Party and movement are abolished (a) by its own decision, by voluntary dissolution, merger with another party and movement or transformation into an association; b) the court's decision to dissolve them. (14) The activity of the party and the movement may be suspended by a court decision if their activities are contrary to Articles 1 to 5, 6 (5) and 17, 17a, 17b, 18 and 19h or to statutes. (Article 13(1) & Article 14(1) Law 424/1991 on Association within Political Political Parties and Political Movements (1991, amended 2016))
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.

Legislation

Law 424/1991 on Association within Political Political Parties and Political Movements, 1991, amended 2016 (Czech)pdf
Law 247/1995 on elections to the Parliament of the Czech Republic, 1995, amended 2016 (Czech)pdf
Penal Code, 2009, amended 2016 (Czech)pdf
Law on presidential elections (2012) (Czech)pdf

*Last update: 2017


Financial Disclosure

The Czech Republic’s entire financial disclosure legislation stems from the Conflicts of Interests Act (2006, last amended 2016), which applies the same rules to Ministers, Members of Parliament, and Senior 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. The income of the spouses must be included in disclosure statements.

Declarations are submitted annually. MPs and Ministers and senior civil servants submit them to the Ministry of Justice. 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

20122015201620172020Trend
Disclosure items6565656565
Filing frequency3838385656
Sanctions7575757575
Monitoring and Oversight7575757575
Public access to declarations5656565656

Alternative Metric

20122015201620172020Trend
Head of State00000
Ministers8282828787
Members of Parliament8383838888
Civil servants8282828787

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. Only the income of the spouse/partner is included in the official's declaration (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Movable assets Yes. Certain movable assets must be included in the official’s declaration. (Article 10.2 (c) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cash Yes. Cash is included in the officials' declaration (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 11.2 (b) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income from outside employment/assets Yes. Official's public office salary does not have to be included in the declaration, but all other income must be reported if the value exceeds CZK 100,000 in one calendar year. (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 2018)
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 2018)
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 2018)
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 2018)
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 2018)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Some parts of the declarations of conflict of interest, of assets and of income are filed the day preceding taking office, while others - within 30 days (Article 12.1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required upon leaving office Yes. Declarations must be submitted within 30 days of leaving office. (Article 12.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required annually Yes. Declarations must be submitted by 30 June every year. (Article 12.2 of Act No. 159/2006 on Conflict of Interest (amended 2018))
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. In case an official fails to file the declaration within the time limit, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. In case an official fails to file the declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (d) and (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. In case an official submits an inaccurate information in declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (e) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Monitoring and Oversight

Depository body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 (a) Act No. 159/2006 on Conflict of Interest (amended 2018))
Enforcement body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying submission Yes. Ministry of Justice (Article 14.1 and 14.2 (d) Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying accuracy Yes. Ministry of Justice (Article 14.1,14.2 and Article 14c Act No. 159/2006 on Conflict of Interest (amended 2018))

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 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Register at the Ministry of Justice (Article 14 of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Only the income of the spouse/partner is included in the declaration of the Member of Parliament (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Movable assets Yes. Certain movable assets must be included in the official’s declaration. (Article 10.2 (c) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cash Yes. Cash is included in the officials' declaration (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 11.2 (b) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income from outside employment/assets Yes. The office salary of the Member of Parliament does not have to be included in the declaration, but all other income must be reported if the value exceeds CZK 100,000 in one calendar year. (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 2018)
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 2018)
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 2018)
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 2018)
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 2018)
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 2018)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. Some parts of the declarations of conflict of interest, of assets and of income are filed the day preceding taking office, while others - within 30 days (Article 12.1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required upon leaving office Yes. Declarations must be submitted within 30 days of leaving office. (Article 12.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required annually Yes. Declarations must be submitted by 30 June every year. (Article 12.2 of Act No. 159/2006 on Conflict of Interest (amended 2018))
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. In case a Members of Parliament fails to file the declaration within the time limit, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. In case a Members of Parliament fails to file the declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (d) and (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. In case an official submits an inaccurate information in declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (e) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Monitoring and Oversight

Depository body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 (a) Act No. 159/2006 on Conflict of Interest (amended 2018))
Enforcement body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying submission Yes. Ministry of Justice (Article 14.1 and 14.2 (d) Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying accuracy Yes. Ministry of Justice (Article 14.1,14.2 and Article 14c Act No. 159/2006 on Conflict of Interest (amended 2018))

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 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. Register at the Ministry of Justice (Article 14 of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))

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 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Income and Assets
Real estate Yes. Real estate must be included in the official’s declaration. (Article 10.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Movable assets Yes. Movable assets must be included in the official’s declaration. (Article 10.2 (c) of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cash Yes. Cash covered is securities in amounts exceeding CZK 50,000 in value. (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 11.2 (b) of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2018))
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 2018)
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 2018)
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 2018)
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 2018)
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 2018)
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. With regard to senior civil servants (2nd to 4th management level) - Some parts of the declarations of conflict of interest, of assets and of income are filed the day preceding taking office, while others - within 30 days (Article 12.1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required upon leaving office Yes. With regard to senior civil servants (2nd to 4th management level) - Declarations must be submitted within 30 days of leaving office. (Article 12.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Filing required annually Yes. With regard to senior civil servants (2nd to 4th management level) - Declarations must be submitted by 30 June every year. (Article 12.2 of Act No. 159/2006 on Conflict of Interest (amended 2018))
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. With regard to senior civil servants (2nd to 4th management level) - In case a senior civil servant fails to file the declaration within the time limit, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. With regard to senior civil servants (2nd to 4th management level) - In case a a senior civil servant fails to file the declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (d) and (f) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. With regard to senior civil servants (2nd to 4th management level) - In case a senior civil servant submits an inaccurate information in declaration of assets or of personal interest, a fine of between CZK 1,000 to CZEK 50000 shall be imposed. (Article 23.1 (e) and 23.3 (а) Section 1 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Monitoring and Oversight

Depository body explicitly identified Yes. With regard to senior civil servants (2nd to 4th management level) - Ministry of Justice (Article 14.1 and 14.2 (a) Act No. 159/2006 on Conflict of Interest (amended 2018))
Enforcement body explicitly identified Yes. With regard to senior civil servants (2nd to 4th management level) - Ministry of Justice (Article 14.1 and 14.2 Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying submission Yes. With regard to senior civil servants (2nd to 4th management level) - Ministry of Justice (Article 14.1 and 14.2 (d) Act No. 159/2006 on Conflict of Interest (amended 2018))
Some agency assigned responsibility for verifying accuracy Yes. With regard to senior civil servants (2nd to 4th management level) - Ministry of Justice (Article 14.1,14.2 and Article 14c Act No. 159/2006 on Conflict of Interest (amended 2018))

Public access to declarations

Public availability Yes. With regard to senior civil servants (2nd to 4th management level) - 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 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified Yes. With regard to senior civil servants (2nd to 4th management level) - Register at the Ministry of Justice (Article 14 of Act No. 159/2006 on Conflict of Interest (amended 2018))
Cost of access specified Yes. With regard to senior civil servants (2nd to 4th management level) - 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 13.3 of Act No. 159/2006 on Conflict of Interest (amended 2018))

Legislation

Conflict of Interest Act of 2006_CZE (Czech)pdf

*Last update: 2017


Conflict of Interest

No restrictions are made for the Czech Head of State concerning conflicts of interests. The Conflict of Interest Act (2006, last amended 2016) regulates restrictions concerning conflicts of interests for all Ministers, Members of Parliament and Civil Servants. However specifications vary. MPs are bound by a general avoidance of conflicts of interests, may not hold representative functions in private enterprises and may not simultaneously hold policy-making and policy-executive positions. 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 100,000. Meanwhile, Members of Parliament do not face fines, but may be forced to lay down their mandate in case of violating rules on the incompatibility of service as to the Constitution of the Czech Republic (1992, last amended 2013). 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

20122015201620172020Trend
Restrictions3532323235
Sanctions2525252525
Monitoring and Oversight3850505038

Alternative Metric

20122015201620172020Trend
Head of State00000
Ministers4464646444
Members of Parliament3821212138
Civil servants4858585848

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

Sanctions

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

Monitoring and Oversight

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

Ministers

Restrictions

General restriction on conflict of interest Yes. Members of the government are prohibited from engaging in activities that are incompatible with their duties. (Article 70 of the Constitution (1992))
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts Yes. Members of the government may not be engaged in business or any other gainful activity in general. (Article 4 of Conflict of Interests Act (2006))
Board member, advisor, or company officer of private firm Yes. Members of the government may not be engaged in business or any other gainful activity in general. (Article 4 of Conflict of Interests Act (2006))
Post-employment Yes. There are restrictions for Ministers for up to one year post-employment. (Article 6 of Conflict of Interests Act (2006))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests Yes. Members cannot enter into any employment, service or similar relation, except for relations resulting from and/or related to his/her public office. (Article 4 of Conflict of Interests Act (2006))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. According to Article 22 Section 3 of the Conflict of Interest Act (2006) the court can fine Ministers for violations of conflict of interest restrictions up to 500,000.00. According to Article 22 Section 1) of the Conflict of Interests Act (2006) if Ministers fail to meet the time limit for disclosure of activities or received gifts they shall be fined by the court up to CZK 30,000.00; the set fine may be imposed even repeatedly until the obligation concerned has been duly met. According to Article 22 Section 2 of the Conflict of Interests Act (2006) Ministers that state false or incomplete information in their disclosure of activities or received gifts or fail to complete a notice of personal interest can be fined up to CZK 100,000.00. (Articles 22 Sections 1, 2 & 3 of Conflict of Interests Act (2006))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. Any breach of the obligations of public officials specified in this act shall be decided by the administrative courts. (Article 16 of Conflict of Interests Act (2006))

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts Yes. MPs are not allowed to 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 regulations. (Article 4 of Conflict of Interests Act (2006))
Board member, advisor, or company officer of private firm Yes. MPs are not allowed to 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 regulations. (Article 4 of Conflict of Interests Act (2006))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. Noperson may be at the same time a member of both Chambers of Parliament. The office of Deputy or Senator is incompatible with holding the office of the President of the Republic. (Article 21 of the Constitution (1992) Article 25 and 32 of the Constitution (1992) Articles 10 and 33 of the Rules of Procedure of the Senate (1999))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. According to Article 22 Section 3 of the Conflict of Interest Act (2006) the court can fine MPs for violations of conflict of interest restrictions up to 500,000.00. According to Article 22 Section 1) of the Conflict of Interests Act (2006) if MPs fail to meet the time limit for disclosure of activities or received gifts they shall be fined by the court up to CZK 30,000.00; the set fine may be imposed even repeatedly until the obligation concerned has been duly met. According to Article 22 Section 2 of the Conflict of Interests Act (2006) MPs that state false or incomplete information in their disclosure of activities or received gifts or fail to complete a notice of personal interest can be fined up to CZK 100,000.00. (Articles 22 Sections 1, 2 & 3 of Conflict of Interests Act (2006))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. Any breach of the obligations of public officials specified in this act shall be decided by the administrative courts. (Article 16 of Conflict of Interests Act (2006))

Civil servants

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts Yes. According to Article 5 of the Government Decree on Code of Ethics of Public Administration (2001) a civil servant shall not seek or accept gifts that might influence or appear to influence his/her decision in official matters. (Article 5 of the Government Decree on the Code of Ethics Public Administration (2001))
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts Yes. General (Article 4 of Conflict of Interests Act (2006) Article 65 of The Service Act (2002))
Board member, advisor, or company officer of private firm Yes. General (Article 4 of Conflict of Interests Act (2006) Article 65 of The Service Act (2002))
Post-employment Yes. Article 6 of the Conflict of Interests Act (2006) sets conflict of interest restrictions for public officials for up to one year post-employment. (Article 6 of Conflict of Interests Act (2006))
Simultaneously holding policy-making position and policy-executing position Yes. Officials are prohibited from holding any position within the public administration and the National Assembly. (Article 5 of Conflict of Interests Act (2006))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector Yes. General (Article 36 of The Service Act (2002))

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. According to Article 22 Section 3 of the Conflict of Interest Act (2006) the court can fine civil servants for violations of conflict of interest restrictions up to 500,000.00. According to Article 22 Section 1) of the Conflict of Interests Act (2006) if civil servants fail to meet the time limit for disclosure of activities or received gifts they shall be fined by the court up to CZK 30,000.00; the set fine may be imposed even repeatedly until the obligation concerned has been duly met. According to Article 22 Section 2 of the Conflict of Interests Act (2006) civil servants that state false or incomplete information in their disclosure of activities or received gifts or fail to complete a notice of personal interest can be fined up to CZK 100,000.00. (Articles 22 Sections 1, 2 & 3 of Conflict of Interests Act (2006))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
Enforcement body specified (sanctions, hearings) Yes. Any breach of the obligations of public officials specified in this act shall be decided by the administrative courts. (Article 16 of Conflict of Interests Act (2006))

Legislation

Constitution of the Czech Republic of 1993 (Czech)pdf
Conflict of Interest Act No. 159 of 2006 (Czech)pdf
Civil Service Act No. 234 of 2014 (Czech)pdf
Code of Ethics for Public Administration Officials and Employees of 2012 (Czech)PDF

*Last update: 2017


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 2016). 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, amended 2015), and the Act No. 101/2000 Coll., on the Protection of Personal Data (2000, amended 2015). 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

20122015201620172020Trend
Scope and Coverage8787878787
Information access and release8888888888
Exceptions and Overrides6767676767
Sanctions for non-compliance00000
Monitoring and Oversight1717171717

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 2020)
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 2020)

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 2020)
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 2020)
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 2020)
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 2020)
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. (Act No. 222/2016 Coll. on the Collection of Laws and International Treaties and on the Creation of Legal Regulations promulgated in the Collection of Laws and International Treaties (Act on the Collection of Laws and International Treaties))
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. 515/2020 Coll. on the structure of information published on the obligated subject and on the outline of the description of actions performed within the agenda)
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. 515/2020 Coll. on the structure of information published on the obligated subject and on the outline of the description of actions performed within the agenda)
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 2020)

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 2020)
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 2020)
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 2020)
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 2020)

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 2020)
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 2020)
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 2020)

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 2021)
Existence of personal privacy/data law Yes. General (Act No. 110/2019 Coll., on Personal Data Processing)
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 2020)
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 2020)
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 2020)

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 2020)
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 2020)

Legislation

Constitution of the Czech Republic of 1993_CZE.pdf (Czech)pdf
Charter of Fundamental Rights and Freedoms of 1993_CZE (Czech)pdf
Act No. 106 on Freedom of Information of 1999_CZE (Czech)pdf
Act No. 309 on the Collection of Laws and International Treaties of 1999_CZE (Czech)pdf
Act No. 412 on the Protection of Classified Information of 2005_CZE (Czech)pdf
Decree No. 515 on the Structure of Information Published of 2020_CZE (Czech)pdf
Act No. 110 on Personal Data Processing of 2019_CZE (Czech)pdf

*Last update: 2017


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 2m (ca. EUR 74000) for goods

▪         CZK 6m (ca. EUR 222000) for works

▪         CZK 2m (ca. EUR 74000) for services

The minimum number of bidders is 3 for restricted procedures and 3 for negotiated procedures. The minimum submission period is 30 days for open procedures, 25 days for both restricted procedures and negotiated procedures from dispatch date. The final beneficial owners has 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 of  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

20122015201620172020Trend
Scope565371
Information availability83969646
Evaluation81817581
Open competition89836750
Institutional arrangements29299386

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. A small-scale public contract is a public contract whose estimated value is equal to or lower than: (a) for supplies or services, the amount of CZK 2000000, or b) for construction work, the amount of CZK 6000000. The contracting authority is not obliged to award a small-scale public contract in a procurement procedure. When awarding it, however, it is obliged to observe the principles of transparency, propotionality, equal treatment and non-discrimination. A sub-limit public contract is a public contract whose estimated value does not reach EU thresholds but exceeds small-scale procurement values. This contract shall be awarded by the contracting authority in the sub-limit regime pursuant to Part Three of the Public Procurement Act, if it does not award it in a simplified regime, or has not applied an exemption from the obligation to award it in a procurement procedure. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§27, 30 and 31)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) CZK 6000000. A small-scale public contract is a public contract whose estimated value is equal to or lower than: (a) for supplies or services, the amount of CZK 2000000, or b) for construction work, the amount of CZK 6000000. The contracting authority is not obliged to award a small-scale public contract in a procurement procedure. When awarding it, however, it is obliged to observe the principles of transparency, propotionality, equal treatment and non-discrimination. A sub-limit public contract is a public contract whose estimated value does not reach EU thresholds but exceeds small-scale procurement values. This contract shall be awarded by the contracting authority in the sub-limit regime pursuant to Part Three of the Public Procurement Act, if it does not award it in a simplified regime, or has not applied an exemption from the obligation to award it in a procurement procedure. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§27, 30 and 31)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) CZK 2000000. A small-scale public contract is a public contract whose estimated value is equal to or lower than: (a) for supplies or services, the amount of CZK 2000000, or b) for construction work, the amount of CZK 6000000. The contracting authority is not obliged to award a small-scale public contract in a procurement procedure. When awarding it, however, it is obliged to observe the principles of transparency, propotionality, equal treatment and non-discrimination. A sub-limit public contract is a public contract whose estimated value does not reach EU thresholds but exceeds small-scale procurement values. They shall be awarded in the sub-limit regime pursuant to Part Three of the Public Procurement Act, if the contracting authority does not award it in a simplified regime, or has not applied an exemption from the obligation to award it in a procurement procedure. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§27, 30 and 31)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) CZK 2000000. The Law does not specify that a certain type of procurement (public sector, utilities or defence) must apply certain thresholds. Rather, any contract value which falls above the thresholds of small-scale procurement can follow public procurement procedures (exceptions apply). Above small-scale procurement there are sub-limit values (between small-scale and EU thresholds) and EU values. EU values in 2020 were set at CZK 3,568,000 for the supply of goods and services; CKZ 5,494,000 for the supply of works; CZK 10,989,000 for sector activities (utilities) and the defence sector; CZK 137,366,000 for concessions and construction works. (Public Procurement Act No. 134 of 2016, as amended in 2019, §27 Government Regulation No. 172 of 2016, as amended in 2019, §§1, 2, 3 and 4)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) CZK 2000000. The contracting authority is not obliged to award a sectoral public contract in the procurement procedure, the estimated value of which does not reach EU thresholds. The contracting authority is not obliged to award a sectoral public contract in a procurement procedure even if: (a) it is not a central contracting authority carrying out centralized procurement and the contract is awarded for resale or lease to third parties, the contracting authority not enjoying a special or exclusive right to sell or lease the subject matter of such a sectoral contract and other persons having further freely sell or rent under the same conditions as the contracting authority - the contracting authority is obliged to inform the European Commission, at its request, which categories of things or activities it considers to be covered by this exception; (b) is awarded for the purpose of: 1. other than the performance of the relevant activity, or 2. the pursuit of relevant activities in countries outside the European Union under conditions which do not involve the physical exploitation of the systems or geographical areas of the European Union - the contracting authority is obliged to inform the European Commission, at its request, which categories of activities it considers to be covered by this exemption; or (c) it is a sectoral public service contract awarded to a person who is a contracting authority or an association of contracting authorities, on the basis of an exclusive right provided for in other legislation compatible with European Union law. CZK 11,413,000 (Goods and Services), CZK 142,668,000 (Works) (Public Procurement Act No. 134 of 2016, as amended in 2019, §158 Government Regulation No. 172 of 2016, as amended in 2019, §§1, 2, 3 and 4)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) CZK 2000000. The Law does not specify that a certain type of procurement (public sector, utilities or defence) must apply certain thresholds. Rather, any contract value which falls above the thresholds of small-scale procurement can follow public procurement procedures (exceptions apply). Above small-scale procurement there are sub-limit values (between small-scale and EU thresholds) and EU values. EU values in 2020 were set at CZK 3,568,000 for the supply of goods and services; CKZ 5,494,000 for the supply of works; CZK 10,989,000 for sector activities (utilities) and the defence sector; CZK 137,366,000 for concessions and construction works. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§27, 187 and 202 Government Regulation No. 172 of 2016, as amended in 2019, §§1, 2, 3 and 4 )

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) CZK 2000000. Below this threshold, defined as 'small-scale public contract', the contract authorities have to follow just the principles of transparency, equal treatment and non-discrimination, otherwise there are no legal obligations. From CZK 2,000,000 up to EU thresholds simplified procedures may be applied. The treshold is lower than minimum EU requirements. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§27, 31 and 52 (a) Government Regulation No. 172 of 2016, as amended in 2019, §§1, 2, 3 and 4)
What are the minimum application thresholds for the procurement type? (Product type WORKS) CZK 6000000. Below this threshold, defined as 'small-scale public contract', the contract authorities have to follow just the principles of transparency, equal treatment and non-discrimination, otherwise there are no legal obligations. Simplified procedure may apply for public contracts with values CZK 6,000,000 - CZK 50,000,000. The treshold is lower than minimum EU requirements. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§27, 31 and 52 (a) Government Regulation No. 172 of 2016, as amended in 2019, §§1, 2, 3 and 4)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) CZK 2000000. Below this threshold, defined as 'small-scale public contract', the contract authorities have to follow just the principles of transparency, equal treatment and non-discrimination, otherwise there are no legal obligations. From CZK 2,000,000 up to EU thresholds simplified procedures may be applied. The treshold is lower than minimum EU requirements. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§27, 31 and 52 (a) Government Regulation No. 172 of 2016, as amended in 2019, §§1, 2, 3 and 4)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting authority shall publish the tender documentation with the exception of the forms pursuant to § 212 and invitations listed in Annex No. 6 to the Public Procurement Act on the contracting authority's profile (from the date of publication of the tender notice at least until the closing date for the submission of tenders); this does not apply to negotiated procedures without publication. The tender documentation contains: tender conditions, minimal technical and economical qualifications when required; documents, samples or models needed for the evaluation, evaluation criteria and method, form in which the offers shall be submitted. For above EU thresholds, the contracting authority is obliged to use the forms according to EU Regulations when publishing documents related to the Procurement Act (implementing norm is Decree No. 168 of 2016). The requirement that tender documents must be published in full is also applicable to sub-limit thresholds - i.e. between small-scale procurement and EU thresholds - ("simplified sublimit procedures"). (Public Procurement Act No. 134 of 2016, as amended in 2019, §§28 (1), 53 (3), 96, 103, 212 and 214 Decree No. 168 of 2016, as of 2020, §§ 2 and 7)
Are any of these documents published online at a central place? Yes. Information system on public contracts: www.vestnikverejnychzakazek.cz (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 96 (1) (3), 212 (3), 213, 214 and 215)
Is it mandatory to keep all of 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. The contracting authority is obliged to keep documentation on the tender procedure, which consists of all documents in paper or electronic form and outputs from oral communication, including the full wording of original offers, for a period of at least 10 years from the date of termination of the procurement procedure. The contracting authority is obliged to obtain documentation on the procurement procedure in such a way that it is able, if necessary, to document the documentation for the current phase of the procurement procedure. Rules on storage of tender documentation apply to contracts awarded on the basis of a framework agreement or of a dynamic purchasing system, as well as to those awarded within the scope of a design contest. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 216, 217 and 219)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. The contracting authority shall publish quarterly, in its electronic profile, all contracts awarded within a framework agreement. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 214 and 219)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. There is no general duty to publish information on subcontractors in all contracts covered by the Public Procurement Act No. 134 of 2016. The subcontractor has to declare his identification data while participating on a public procurement on works or services, when these are done in the contracting authority's premises. Otherwise the contracting authority is entitled to require in tender documentation that the tenderer indicates in the tender the proportion of the contract it intends to subcontract and state the identification data of each subcontractor. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 105 (1) (3) (4) and 85(1))
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. General. (<>)

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Unless justified by subject-matter, tender documentation shall not introduce requirements or refer to specific producers or products, to patents of inventions, utility models, industrial designs, trademarks or indication of origin. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 89(5))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. No but the contracting authority is obliged to clarify why the procurement procedure was not divided into smaller parts (lots) in order to allow SMEs to submit a bid. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 217 (2) m))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. In relation to suppliers, the contracting authority must comply with the principle of equal treatment and non-discrimination, and may not restrict participation in the procurement procedure to those suppliers who are domiciled in the EU/EEA/Switzerland or to another state which has concluded an international agreement with the Czech Republic or the EU. Equal access to foreign companies must be granted. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 6 (2) (3))
Is there a specific set of rules for green/sustainable procurement? Yes. The contracting authority can use it as special criterion for taking part in the procurement procedure or as technical a condition. Moreover, the contracting authority may exclude a bidder for incapacity if it proves that the performance offered by the supplier would lead to non-compliance with the obligations arising from the regulations of environmental law, social or labor regulations and collective agreements. Life cycle costs must also be included the offered price. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 37(1) d), 48 (5), 75 (2) b), 79 (2) h), 80, 89 (2), 116 (1) and 117)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. The contracting authority may exclude a tenderer: - if the documents, samlples etc. required do not fulfil the tender conditions; - if the required assurance is not payed; - if the offered price is abdormally low; - if a case of conflict of interest occured and there is no other possibility; - if a breach of fair competition occured, by means of participance of the tenderer in the preparation of the tender documentation; - if the tenderer failed to fulfill a previous contract of any CA in the last 3 years and the failure led to demage or premature termination of the contract or any comparable sanctions; - if the tenderer tried to illegaly influence the tender or to get confidential documents; - if the tenderer commited in the last 3 years any serious proffessional misconduct; - if the CA gets relevant information that the tenderer concluded a prohibited aggreement; - if the tenderer is a public limited company with not registered stocks/shares; - if the tenderer submits more than one bid alone or with other tenderers; (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 48 and 107(5))
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. The bid is automatically excluded if: - the documents, samples etc. of the selected tenderer do not fulfil the tender conditions; - if the selected tenderer's assurance required is not payed; - it contains abnormally low price which was insufficiently explained; - the tenderer was in conflict of interest according to the documentation of the real owner of the tenderer (Art. 104 (2) a); - the tenderer does not submit the documentation of the final, beneficial owner of the tenderer (see above); - the selected tenderer is a public limited company with no registered stocks/shares; (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 48 (8) (9), 113 (6), 124 (3) and 122 (5))
Is scoring criteria published? Yes. The contracting authority must set out in the tender documentation the rules for the evaluation of tenders, which include: a) evaluation criteria; (b) the method of evaluating tenders in each of the criteria; and (c) the weight or other mathematical relationship between the criteria. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 28 (1) a) 4., 96 and 115, Annex No. 6)
Are decisions always made by a committee? No. The contracting authority is not obliged to constitute a commitee, unless the contract value exceeds CZK 300,000,000. In said case, the contracting authority shall ensure that the evaluation of tenders is carried out by a commission having at least 5 members, most of whom have relevant expertise in relation to the subject of the public contract. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 42)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The contracting authority shall proceed in such a way that there is no conflict of interests, and the acts of the evaluating commission are considered to be the acts of the contracting authority. A conflict of interest arises when the interests of persons who either participate in the tender procedure or have/could have an impact on the outcome of the tendering procedure threaten their impartiality or independence in relation to the procurement procedure. "Interests of persons" means interests in obtaining a personal benefit or reducing the property or other benefit of the contracting authority. Therefore, the contracting authority shall request a written affidavit from all members of the commission, invited experts or persons representing the contracting authority that they are not in conflict of interest. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 42 (1) and 44)
Is some part of evaluation committee mandatorily independent of contracting authority? No. While the contracting authority may use the opinions of invited experts for its decision-making, there is no formal requirement that the evaluation committee be independent of the contracting authority; there are only requirements on the professionality of the members of the evaluation committee for certain tenders. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 42 (2))
Are scoring results publicly available? Yes. The report of the bids evaluation is made available to bidders/participants and its contents must be publicly accessible. While pursuant to the Act on Free Access to Information, the contracting authority shall not provide confidential information, this does not apply to information that the contracting authority is obliged under this Act to state in the evaluation report, notification of the selection of the supplier, the result of the assessment of compliance with the conditions of participation of the selected supplier or in the written report of the contracting authority. The written report on the evaluation of tenders must include, among other elements, a description of the evaluation which contains: 1. evaluated data from tenders corresponding to the evaluation criteria; 2. a description of the evaluation of the data from the tenders in the individual evaluation criteria; 3. a description of the comparison of the values ​​obtained in the evaluation in the individual evaluation criteria; and 4. the result of the evaluation of tenders. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 119 (2), 217 and 218 (2) b))
Does the law specify under which conditions the tender can be cancelled? Yes. The tender can be cancelled if: - the minimum number of tenderers to be invited into the procurement procedure was not reached, or the minimum number of bids to be received was not reached; - the selected tenderer was excluded from the participation in the procurement procedure; - substantial change of conditions occured under which it is not reasonable for the CA to continue in the procurement procedure; - the CA was not granted a subsidy from which the procurement was supposed to be financed; - there is just one tenderer in the procurement procedure left; (Public Procurement Act No. 134 of 2016, as amended in 2019, § 127)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. TED (above EU thresholds), otherwise Public Procurement Bulletin found in the information system on public contracts ("Věstní veřejných zakázek"): https://www.vestnikverejnychzakazek.cz/ (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 212 and 225)
Does the law specify the location for publicizing restricted calls for tenders? Yes. TED (above EU thresholds), otherwise Public Procurement Bulletin found in the information system on public contracts ("Věstní veřejných zakázek"): https://www.vestnikverejnychzakazek.cz/ (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 212 and 225)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. TED (above EU thresholds), otherwise Public Procurement Bulletin found in the information system on public contracts ("Věstní veřejných zakázek"): https://www.vestnikverejnychzakazek.cz/ (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 212 and 225)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 58, 59, 111 (3) (5), 163 and 200)
What is the minimum number of bidders for negotiated procedures? General. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 60, 61, 62 and 112 (1) (3))
What is the minimum number of bidders for competitive dialogue procedures? General. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 68 and 112 (1) (3))

Bidding period length

What are the minimum number of days for open procedures? General. A standard minimum number of days is 30, but it can be shortened to 15 days in urgent cases or if the tender documentaion was already published before the procurement procedure. It can be 35 days when the bids are required only in electronical way or if the tender documentation is not accesible on the internet. For sublimit procurement (between EU thresholds and small-procurement values), the time limit for submission of offers in an open procedure is 15 days for the procurement of services and goods and 20 days for the procurement of works. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 57 and 54 (2))
What are the minimum number of days for restricted procedures? General. A standard minimum number of days is 25, but it can be shortened to 10 days in urgent cases or if the tender documentaion was already published before the procurement procedure. It can be 30 days when the bids are required only in electronical way, or if the tender documentation is not accesible on the internet. For sublimit procurement (between EU thresholds and small-procurement values), the time limit for submission of offers in restricted procedures is 15 days. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 59 and 54 (3))
What are the minimum number of days  for competitive negotiated procedures? General. A standard minimum number of days is 25, but it can be shortened to 10 days in urgent cases or if the tender documentaion was already published before the procurement procedure. It can be 30 days when the bids are required only in electronical way, or if the tender documentation is not accesible on the internet. For sublimit procurement (between EU thresholds and small-procurement values), the time limit for submission of offers in restricted procedures is 15 days. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 62, 59 and 54)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Among main exceptions: classified information, national security, manufacturing/purchasing of weapons, research and development services, providence of a communication network, broadcasting time or production material acquisition/lease/tenancy of real property or enterprise, securities/financial instruments, procurement/maintenance/reinstatement of assets of the Czech Republic abroad, arbitration services, legal services, services of sworn experts and translators, services of the Czech National Bank, investments services service/supplies connected with visits of constitutional representatives of other countries, humanitarian assistance, political campaign services, railway transportation. Moreover, exemptions related to sector contracting entities are specified (§ 158). (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 29, 30 and 31)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Purchasing bodies covered by the law: - Czech Republic (i.e. ministries and other governmental institutions); - Czech national bank; - State allowance organizations; - Municipalites and regional self-administration; - All legal entities provided they are financed or controlled by the above mentioned and were established for specific purpose of meeting needs in general interest (not having an industrial or commercial character); Also covered: - Subsidized contracting authority (legal entity or natural person that awards public contracs which is reimbursed more than 50% from financial means provided from public sources or EU funds or if financial means provided for contract from such sources >= CZK 200,000,000); - Public contracting entities performing relevant activities (formerly "sector contracting authority") pursuant to Article 151; (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 4 and 151 )
Does the law specify the main procedure types or procurement methods permitted? Yes. a) simplified sub-limit procedure; b) open procedure; c) restricted procedure; d) negotiated procedure with publication; e) negotiated procedure without publication; f) procedure with a competitive dialogue; g) innovation partnership procedure; (h) concession procedure; or (i) a procedure for the award of a public contract under the simplified procedure. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 3)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Office for the Protection of Competition (Úřad pro ochranu hospodářské soutěže) (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 248, 249, 250 and 272)
Is there a procurement regulatory body dedicated to public procurement? No. The Ministry for Regional Development plays a regulatory role being responsible for managing the Public Procurement Information System and for enacting decrees that cover, among others: technical conditions of public works contracts; conditions and requirements linked to electronic procurement tools; how the access to published information should occur; what should be the structure of the data published on the contracting authority's profile; the procedure for changing the contracting authority's profile; and costs associated with appeals and remedies. However, it is still the Ministry and not a separate regulatory entity. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 92 (1), 212 (9), 213 (3), 214 (4), 219 (4), 224 and 266 (1))
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. For the modality "design contest", if the contracting authority stipulates, as a condition for participation, that bidders must meet certain requirements of professional competence, at least half of the members of the jury must have the required or equivalent qualifications. Otherwise, the Public Procurement Act does not specify any particular profession for procurement advisors. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 148 (2))
Is disclosure of final, beneficial owners required for placing a bid? Yes. It is required only from the selected tenderer. If unable to provide the required documentation on beneficial ownership, the bidder and consequentely their bid must be excluded from the tender. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 122 (4) (5) (7))

Complaints

Is there a fee for arbitration procedure? Yes. 1% of tender price, but not less than CZK 50,000 and not more than CZK 10,000,000, payed to the Office for the Protection of Competition. In the event that the bidder cannot determine the total bid price, they are obliged to pay a deposit of CZK 100,000. In the case of a proposal to impose a ban on performance of the contract, the bidder is obliged to pay a deposit of CZK 200,000. Additionally, if it is an appeal for review of the procedure for awarding concessions, the bidder is obliged to make a deposit of 1% of the estimated value of the concession published in the Public Procurement Bulletin or on the contracting authority's profile. CZK 50,000, up to a maximum of CZK 10,000,000. In the event that the contracting authority does not publish the expected value of the concession, the bidder is obliged to pay a deposit of CZK 100,000. In the case of a proposal to impose a ban on the performance of the concession contract, the bidder is obliged to pay a deposit of CZK 200,000. In the event that the Office for the Protection of Competition has decided to impose a corrective measure or prohibit performance of the contract, the contracting authority itself must pay a lump sum for the costs of proceedings on the review of its acts amounting to CZK 30,000. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 251 (1), 255, 257 c) and 266 (1) Decree No. 170 of 2016 (as of 2020), § 1)
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The contracting authority may not enter into a contract with the supplier within 60 days from the date of the commencement of the procedure for reviewing the contracting authority's actions, provided that the request to initiate the procedure was submitted in time or that the Office initiated this procedure ex officio. However, the contracting authority may conclude a contract within this period if the Office has rejected the proposal or the administrative proceedings concerning the proposal have been stopped and such a decision has become final. (Public Procurement Act No. 134 of 2016, as amended in 2019, § 246 (1) d) (2))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. (Public Procurement Act No. 134 of 2016, as amended in 2019, §§ 246 (1) d) (2) and 252 (2))
Is there a requirement to publicly release arbitration court decisions ? Yes. The Office continuously publishes its final decisions pursuant to this Act on its Internet address: http://www.uohs.cz/en/homepage.html ; Decisions (in Czech): http://www.uohs.cz/cs/verejne-zakazky/sbirky-rozhodnuti.html (Public Procurement Act No. 134 of 2016, as amended in 2019, § 272)

Legislation

Decree No. 168 of 2016 (Czech)pdf
Decree No. 170 of 2016 (Czech)pdf
Government Regulation No. 172 of 2016 (Czech)pdf
Public Procurement Act No. 134 of 2016 (Czech)pdf

*Last update: 2017