EUROPAM

European Public Accountability Mechanisms

Czech Republic

Country score (European Average*)
  • 54(66) Political Financing
  • 65(50) Financial Disclosure
  • 36(40) Conflict of Interest
  • 52(56) Freedom of Information
  • 79(63) 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

2012201520162017Trend
Bans and limits on private income39363636
Public funding50505038
Regulations on spending50505050
Reporting, oversight and sanctions92929292

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.

Qualitative data for 2017


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

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

2012201520162017Trend
Disclosure items65656565
Filing frequency38383856
Sanctions75757575
Monitoring and Oversight75757575
Public access to declarations56565656

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers82828287
Members of Parliament83838388
Civil servants82828287

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 2016))
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 2016))
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 2016))
Cash Yes. Cash is included in the officials' declaration (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2016))
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 2016))
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 2016))
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 2016)
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 2016)
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 2016)
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 2016)
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 2016)
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))

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 2016))
Enforcement body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 Act No. 159/2006 on Conflict of Interest (amended 2016))
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 2016))
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 2016))

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 2016))
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 2016))
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 2016))

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 2016))
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 2016))
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 2016))
Cash Yes. Cash is included in the officials' declaration (Article 11.2 (a) of Act No. 159/2006 on Conflict of Interest (amended 2016))
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 2016))
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 2016))
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 2016)
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 2016)
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 2016)
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 2016)
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 2016)
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 2016)
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))

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 2016))
Enforcement body explicitly identified Yes. Ministry of Justice (Article 14.1 and 14.2 Act No. 159/2006 on Conflict of Interest (amended 2016))
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 2016))
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 2016))

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 2016))
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 2016))
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 2016))

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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016)
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 2016)
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 2016)
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 2016)
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 2016)
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))
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 2016))

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 2016))
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 2016))
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 2016))
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 2016))

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 2016))
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 2016))
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 2016))

Qualitative data for 2017


Legislation

Act No. 159 on conflict of interest, 2006, amended 2016 (Czech)pdf

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

2012201520162017Trend
Restrictions35323232
Sanctions25252525
Monitoring and Oversight38505050

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers44646464
Members of Parliament38212121
Civil servants48585858

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


Qualitative Data

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

Head of State

Restrictions

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

Sanctions

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

Monitoring and Oversight

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

Ministers

Restrictions

General restriction on conflict of interest Yes. The Conflict of Interest Act states that a public official may not prefer his/her private interests where they conflict with the public interests they are obligated to enforce or protect. Members of the government (Ministers) are prohibited by the constitution from engaging in activities that are incompatible with their duties. (Article 3 Act No. 159 on conflict of interest, 2006, amended 2016 Article 70 Constitution of the Czech Republic (1992, last amended 2013))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. Ministers may not be engaged in business or other gainful activity (Article 4 (1) (a) and 9(1) of the Act No. 159 on conflict of interest, 2006, amended 2016 )
Ownership of state-owned enterprises (SOEs) Yes. Ministers may not be engaged in business or other gainful activity (Article 4 (1) (a) and 9(1) of the Act No. 159 on conflict of interest, 2006, amended 2016 )
Holding government contracts Yes. Ministers may not enter into employment, service or similar relation, except for relations resulting from and/or related to his/her public office. (Article 4 (1) (c) Act No. 159 on conflict of interest, 2006, amended 2016)
Board member, advisor, or company officer of private firm Yes. Ministers may not act as a statutory body or a member of a statutory body, managing body, supervisory body or controlling body of any business corporation, unless specified otherwise by special legal regulation. (Article 4 (1) (b) Act No. 159 on conflict of interest, 2006, amended 2016)
Post-employment Yes. One year after the end of his/her term in office, a Ministers may not accept employment from any entity with which they supervised or was under their leadership (or contracts relating to such entity) for 3 years preceding his/her exit from office. (Article 6 Act No. 159 on conflict of interest, 2006, amended 2016)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Each public official failing to meet the time limit specified in Articles 9 through 11 shall be fined by the court up to CZK 30,000; the said fine may be imposed even repeatedly until the obligation concerned has been duly met. The court shall also fine any public official referring to his/her public office in cases related to his/her personal interests, especially to his/her occupation, job or businesses well as for failing to complete a notice of personal interest (Article 6) up to CZK 100, 000. (Article 22 Act No. 159 on conflict of interest, 2006, amended 2016)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Ministry of Justice and Registrar of Notices (Article 12 (4) and 13 Act No. 159 on conflict of interest, 2006, amended 2016)
Enforcement body specified (sanctions, hearings) Yes. Administrative Courts (under the Ministry of Justice) (Article 16 Act No. 159 on conflict of interest, 2006, amended 2016)

Members of Parliament

Restrictions

General restriction on conflict of interest Yes. A public official may not prefer his/her private interests where they conflict with the public interests they are obligated to enforce or protect. (Article 3 Act No. 159 on conflict of interest, 2006, amended 2016)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. Members of parliament representing the state in any corporate entity partly or fully owned by the state in any capacity may not receive any reimbursement from such representation. (Article 5 (1) Act No. 159 on conflict of interest, 2006, amended 2016 Article 9 (1) Act No. 159 on conflict of interest, 2006, amended 2016)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. A member of Parliament may not simultaneously be a member of both the Chamber of Deputies and the Senate or any other office in the executive or judiciary. (Article 21 and 22 Constitution of the Czech Republic (1992, last amended 2013) Article 5 (3) Act No. 159 on conflict of interest, 2006, amended 2016)
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

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

Monitoring and Oversight

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

Civil servants

Restrictions

General restriction on conflict of interest Yes. A public official may not prefer his/her private interests where they conflict with the public interests they are obligated to enforce or protect. (Article 3 Act No. 159 on conflict of interest, 2006, amended 2016)
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts Yes. High level public servants may not enter into employment, service or similar relation, except for relations resulting from and/or related to his/her public office. (Article 4 (1) (c) Act No. 159 on conflict of interest, 2006, amended 2016 )
Board member, advisor, or company officer of private firm Yes. High level public servants may not act as a statutory body or a member of a statutory body, managing body, supervisory body or controlling body of any business corporation, unless specified otherwise by special legal regulation. (Article 4 (1) (b), 5(1b) and 9(1) Act No. 159 on conflict of interest, 2006, amended 2016 )
Post-employment Yes. One year after the end of his/her term in office, a public servant may not accept employment from any entity with which they supervised or was under their leadership (or contracts relating to such entity) for 3 years preceding his/her exit from office. According Section 3.04.30 (a) (6) of the Government Decree Code of Ethics, Nocounty employee shall discusses or accept an offer of future employment with any person doing or seeking to do business with the county. (Article 6 Act No. 159 on conflict of interest, 2006, amended 2016 Section 3.04.030 (a) (6) Government Decree No. 270 on Ethics of Civil Servants (2001))
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Each public official failing to meet the time limit specified in Articles 9 through 11 shall be fined by the court up to CZK 30,000; the said fine may be imposed even repeatedly until the obligation concerned has been duly met. The court shall also fine any public official referring to his/her public office in cases related to his/her personal interests, especially to his/her occupation, job or businesses well as for failing to complete a notice of personal interest (Article 6) up to CZK 100, 000. (Article 22 Act No. 159 on conflict of interest, 2006, amended 2016)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. Ministry of Justice and Registrar of Notices (Article 12 (5) and 13 Act No. 159 on conflict of interest, 2006, amended 2016)
Enforcement body specified (sanctions, hearings) Yes. Administrative Courts (under the Ministry of Justice) (Article 16 Act No. 159 on conflict of interest, 2006, amended 2016)

Qualitative data for 2017


Legislation

Act No. 159 on conflict of interest, 2006, amended 2016 (Czech)pdf
Constitution, 1992, amended 2013 (English)pdf
Government Decree No. 270 on Ethics of Civil Servants, 2001 (Czech)pdf

Freedom of Information

Several sources form the foundation for the Czech Republic's freedom of information regime: the Constitution (1992), the Charter of Fundamental Rights and Freedoms (1993), and the Freedom of Information Act 106/1999 Coll. (1999, amended 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

2012201520162017Trend
Scope and Coverage87878787
Information access and release88888888
Exceptions and Overrides67676767
Sanctions for non-compliance0000
Monitoring and Oversight17171717

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 2016)
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 2016)

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 2016)
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 2016)
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 2016)
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 2016)
Private sector No. Absent from legal framework.

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.
Enacted legal instruments Yes. Generally speaking, all the legal acts of general application must be published in the Collection of Laws. All the international laws by which the Czech Republic is bound must be published in the Collection of International Treaties, where the authoritative foreign version, as well as the Czech version, is published simultaneously. (Collection of Laws and the Collection of International Treaties Act No. 309/1999 Coll. 1999, amended 2016)
Annual budgets Yes. Public entities have an obligation to publish their budgets of the pending and the previous year with all amendments. (Section 8.2 of Decree No. 442/2006 Coll., 2006)
Annual chart of accounts (actual expenditures) Yes. Public entities have an obligation to publish their chart of accounts within their annual budget. (Section 8.2 of Decree No. 442/2006 Coll., 2006)
Annual reports of public entities and programs Yes. The public entity is required to publicize annual report on its activities with the respect to free access to information. This annual report can be part of a general annual report, if the public entity has one. (Section 18 of the Freedom of Information Act 106/1999 Coll., 1999, amended 2016)

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 2016)
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 2016)
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 2016)
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 2016)

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 2016)
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 2016)
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 2016)

Exceptions and Overrides

Exemptions to disclosure

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 2016)
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 2016)
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 2016)

Sanctions for non-compliance

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

Monitoring and Oversight

Information officers must be appointed in public agencies No. Absent from legal framework.
Public body that is responsible for applying sanctions No. Absent from legal framework.
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework.
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 2016)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework.
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 2016)

Qualitative data for 2017


Legislation

Charter of Fundamental Rights and Freedoms, 1993 (English)pdf
Constitution of Czech Republic, 1992, amended 2013 (English)pdf
Freedom of Information Act 106/1999 Coll., 1999, amended 2016 (Czech)pdf
Collection of Laws and the Collection of International Treaties Act No. 309/1999 Coll. 1999, amended 2016 (Czech)pdf
Decree No. 442/2006 Coll., 2006 (Czech)pdf
Act N. 412 on the Protection of Classified Information, 2005. amended 2016 (Czech)pdf
Act No. 101/2000 Coll., on the Protection of Personal Data, 2000, amended 2016 (Czech)pdf

Public Procurement

 

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

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

▪         CZK 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

2012201520162017Trend
Scope585565
Information availability839696
Evaluation818175
Open competition898367
Institutional arrangements292993

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 2,000,000. Below this threshold: defined as 'small-scale public contract'. The CA has to follow just the principles of transparency, equal treatment and non-discrimination. Otherwise there are no legal obligations. The treshold is lower than the minimum EU requirements. (Article 27, 31 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) CZK 6,000,000. Below this threshold: defined as 'small-scale public contract'. The CA has to follow just the principles of transparency, equal treatment and non-discrimination. Otherwise there are no legal obligations. The treshold is lower than the minimum EU requirements. (Article 27, 31 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) CZK 2,000,000. Below this threshold: defined as 'small-scale public contract'. The CA has to follow just the principles of transparency, equal treatment and non-discrimination. Otherwise there are no legal obligations. The treshold is lower than the minimum EU requirements. (Article 27, 31 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) CZK 2,000,000. CZK 2,000,000 (Goods and Services), CZK 6,000,000 (Works) (Article 27 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016), Act No.172//2016 Coll. (as in force on December 31, 2016))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) CZK 11,413,000. CZK 11,413,000 (Goods and Services), CZK 142,668,000 (Works) (Article 158 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016) Article 2(4), 3(2) Act No.172//2016 Coll. (as in force on December 31, 2016) )
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) CZK 2,000,000. CZK 2,000,000 (Goods and Services), CZK 6,000,000 (Works) (Article 27, 187 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016), Act No.172//2016 Coll. (as in force on December 31, 2016))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) CZK 2,000,000. Below this threshold: defined as 'small-scale public contract'. The CA has 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 the minimum EU requirements. (Article 27, 31, 52 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What are the minimum application thresholds for the procurement type? (Product type WORKS) CZK 6,000,000. Simplified procedure may apply for public contracts with values CZK 6,000,000 - 50,000,000; The treshold is lower than the minimum EU requirements. (Article 27, 31, 52 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) CZK 2,000,000. Below this threshold: defined as 'small-scale public contract'. The CA has 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 the minimum EU requirements. (Article 27, 31, 52 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The tender documentation must be pulished online on the CA's profile (Art. 214). 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. (Article 28(1) let. b), 96, 103 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Are any of these documents published online at a central place? Yes. Information system on public contracts, www.vestnikverejnychzakazek.cz (Article 215 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
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. (Article 216, 219 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016), Act. No. 340/2015 Coll. on Contract register)
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. The CA publishes contracts awarded within a framework agreement automatically until 15 days either on the CA's profile (Art. 214) or in the contract register. (Article 219 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016) or Act. No. 340/2015 Coll. on Contract register)

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? Yes. The subcontractor has to declare his identification data while participating on a public procurement on works or services, when these are done in the CA's premises. Otherwise is the CA entitled to require in tender documentation that tenderer indicates in tender proportion of contract it intends to subcontract and state identification data of each subcontractor. (Article 105(3), 85(1) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
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. (<>)

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. (Article 89(5) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. No but the CA is obliged to clarify why he did not divide the procurement into smaller parts in order to allow SMEs to submit a bid. (Article 217(2) let. m) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. (No mention in law)
Is there a specific set of rules for green/sustainable procurement? Yes. Even though there is no complex "set of rules", the CA can use it as special criterion for taking part in the procurement procedure or as technical a condition. (Article 37(1) let. d), 89(2) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. CA 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 (Article 48, 107(5) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. The bid is automatically excluded if: - the documents, samlples 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 let. 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 not registered stocks/shares (Article 48(8) and (9), 113(6), 124(3), 122(5) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Is scoring criteria published? Yes. (Article 96, 115 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Are decisions always made by a committee? No. The CA is not obliged to constitute a commitee, unless the contract value exceeds CZK 300,000,000. (Article 42 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Members of the evaluation commmittee must not be in conflict of interest. A conflict of interest is considered to be a situation where the interests of people who a) participate in the tender procedure, or b) have or could have an impact on the outcome of the tendering procedure threaten their impartiality or independence in relation to the procurement procedure. The interests of the persons mentioned above are interests in obtaining a personal benefit or reducing the property or other benefit of the CA. Therefore are they obliged to sign a declaration of impartiality on the first session of the committee. (Article 42-44 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Is some part of evaluation committee mandatorily independent of contracting authority? No. There are just requirements on the professionality of the members of the evaluation committee for certain tenders. (Article 42(2) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Are scoring results publicly available? No. The report of the bids evaluation is not published. Publicly available is just the name of the selected tenderer. (Article 119(2) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
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 (Article 127 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. TED (above threshold), otherwise Journal of procurement in the Information system on public contracts ("Věstní veřejných zakázek"), https://www.vestnikverejnychzakazek.cz/. (Article 212, 225 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Does the law specify the location for publicizing restricted calls for tenders? Yes. TED (above threshold), otherwise Journal of procurement in the Information system on public contracts ("Věstní veřejných zakázek"), https://www.vestnikverejnychzakazek.cz/. (Article 212, 225 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Does the law specify the location for publicizing negotiated calls for tenders? Yes. TED (above threshold), otherwise Journal of procurement in the Information system on public contracts ("Věstní veřejných zakázek"), https://www.vestnikverejnychzakazek.cz/. (Article 212, 225 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 3. To restrict the number of bidders is the CA allowed just in the sectoral procurements or in the field of defence procurements - then the minimum number of bidders is 3. (Article 58-59, 111(5), 163, 200 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What is the minimum number of bidders for negotiated procedures? 3. The law does not specify the minimum number of bidders automatically. But if the CA wants to restrict the number of bidders himself, then there have to be at least 3 bidders participationg in the procedure. (Article 60-62, 111 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What is the minimum number of bidders for competitive dialogue procedures? 3. The law does not specify the minimum number of bidders automatically. But if the CA wants to restrict the number of bidders himself, then there have to be at least 3 bidders participationg in the procedure. (Article 68, 111 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

Bidding period length

What are the minimum number of days for open procedures? 30. A standard minimum number of days is 30. But it can be only 15 in urgent cases or if the tender documentaion was already published before the procurement procedure, 35 when the bids are required only in electronical way, 35 if the tender documentation is not accesible on the internet, in below the threshold procurements 15 (services and goods) and 20 (works) (Article 57, 54 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What are the minimum number of days for restricted procedures? 25. A standard minimum number of days is 25. But it can be only10 in urgent cases or if the tender documentaion was already published before the procurement procedure, 30 when the bids are required only in electronical way, 30 if the tender documentation is not accesible on the internet, 15 in below the threshold procurements (Article 59, 54 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What are the minimum number of days  for competitive negotiated procedures? 25. A standard minimum number of days is 25. But it can be only10 in urgent cases or if the tender documentaion was already published before the procurement procedure, 30 when the bids are required only in electronical way, 30 if the tender documentation is not accesible on the internet, 15 in below the threshold procurements (Article 62, 59, 54 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. 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. Exemptions related to sector contracting entities (Article 158). (Article 29-31 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
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 CA (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 CA") pursuant to Article 151 (Article 4, 151 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Does the law specify the main procedure types or procurement methods permitted? Yes. simpliefied below-the-threshold procedure, open procedure, restricted procedure, negotiated procedure with or without publication, procedure with competitive dialogue, inovative partnership procedure, concession procedure, procedure for granting public procurement in the special regime (Article 3 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Is there a procurement arbitration court dedicated to public procurement cases? Yes. Office for the Protection of Competition (Úřad pro ochranu hospodářské soutěže) (Article 248-272 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016), Act No. 143/2001 Coll. on the Protection of Competition)
Is there a procurement regulatory body dedicated to public procurement? Yes. The Ministry of regional development is responsible for the law itself and with the new law on public procurements the Ministry starts to play a real regulatory role. (Article 14 Act No. 2/1969 Coll. on establishment of ministries and other central government bodies (as in force on December 31, 2016))
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. (No mention in law)
Is disclosure of final, beneficial owners required for placing a bid? Yes. But it is required only from the selected tenderer, otherwise his bid would be rejected. (Article 104(2) Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

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. There is even a fee for anybody that wants to give the Office for the Protection of Competition a suggestion to investigate the procurement procedure ex officio in the hight of CZK 10,000 (otherwise the Office would not take such a suggestion into account). (Article 255, 259 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
Is there a ban on contract signature until arbitration court decision (first instance court)? No. The Office for the Protection of Competition may ban the CA to conclude the contract, but it's not compulsory, just a form of an interim measure. The CA is not allowed to sign the contract in the period of 60 days from submission of the proposal to the Office for the Protection of Competition. (Article 246 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 60. The ordinary period of 30 days can be prolonged for another 30 days (e.g. If an oral hearing is needed) or for the time needed for an expert opinion. (Article 252 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016), Article 71 Act No.500/2004 Coll. on Administrative Procedure (as in force on December 31, 2015))
Is there a requirement to publicly release arbitration court decisions ? Yes. The courts decisions are not automatically public, nevertheless, the Office for the Protection of the Competition shall continuously publish final rulings on the Internet. http://www.uohs.cz/en/homepage.html Decisions (in Czech): http://www.uohs.cz/cs/verejne-zakazky/sbirky-rozhodnuti.html (Article 272 Act No.134/2016 Coll. on Public procurements (as in force on December 31, 2016))

Qualitative data for 2017


Legislation

Act no. 134_2016 Coll. On Public procurements (as of 31 December 2016) (Czech)pdf
Act no. 137_2006 Coll. On Public procurements (as of 31 December 2015) (Czech)pdf
Act no. 137_2006 Coll. On Public procurements (as of 31 December 2014) (Czech)pdf